LANDING YOUR FIRST JOB Presented by Mark Werman ACA HR Service

1. LANDING YOUR FIRST JOB Presented by Mark Werman ACA HR Service

2. Strategy / Planning • What sort of Chiropractic job do you want? • What are your strengths & weaknesses

3. Resume & Covering Letter • Personal brochure • Layout • Good ideas • Avoid …

4. Marketing strategy • Advertisements • Direct approach • Networking

5. The Interview: Preparation • Do your research • Presentation/dress standard • Interview questions

6. The Interview: Face-to-face • Shaking hands • Eye contact • Interview structure • Behavioural examples • Your questions • Post interview: • Thank you note • Diarise to follow-up

7. IR System Hierarchy Legislation Award Employment contract

8. WA Industrial Relations System

9. NES v MCE

10. The National Employment Standards (NES) 1. Maximum weekly hours 38 hours + reasonable additional overtime 2. Requests for flexible working arrangements Right to request flexible work arrangements 3. Parental Leave and related entitlements 12 months, right to request further 12 months Paid Parental Leave commenced 1/1/11 (18weeks@$695/week) 4. Annual leave: 4 weeks per year 5. Personal/Carer’s & Compassionate Leave 10 days per year 2 days (paid) per occasion permanent unpaid for casuals

11. The National Employment Standards (NES) 6. Community Service Leave Approved leave e.g. jury service or rural fire service 7. Long Service Leave Current state statutory legislation applies 8. Public Holidays Employee entitled to be absent from work, however an employer can reasonably request employee to work 9. Notice of Termination and Redundancy Minimum notice periods apply and redundancy payable in certain situations - Unfair dismissal applicable 10. Fair Work Information Statement

12. What is an ‘Award’? An award (along with the NES) is a legal document that sets out minimum wages and conditions for an industry or occupation covering entitlements such as: • hours of work • pay rates • loading/penalty rates • allowances • leave entitlements • transitional provisions • fulltime, part-time or casual work provisions • employment protection provisions Modern awards cover all national system employees

13. The Health Professionals & Support Services Award 2010 • This modern awards applies to all national system employers across Australia • …with the exception of unincorporated employers (e.g. sole traders & partnerships) in Western Australia who remain under their State industrial relations system & state awards.

14. The Health Professionals & Support Services Award 2010 • HPSS Award covers both Chiropractors & support staff (incl. receptionists/Chiro assistants & certain clerical/admin jobs) • Chiropractor classified as “Health Professional” • 38 ordinary hours per week averaged over up to 28 days – maximum of 10 ordinary hours per day. • Span of ordinary hours 7:30am – 9pm Monday to Friday, and 8am – 4:30pm on Saturday. • Junior/Traineeship wage levels included in award • Use “Award Flexibility” clause 7 to pay annualised salary

18. Award Covered or Award Free? Unincorporated employer Award-covered (admin staff – Clerks award) State minimum wage MCE Employment Contract Incorporated employer HPSS Award wage NES Employment Contract

19. Employment Contracts • A contract of employment is made through the engagement of one person to perform work for and under the direction and control of another. • The contract of employment comes within the category of a contract at common law.

20. Employment Contracts • An offer of employment and an acceptance; • Consideration (i.e. payment for services rendered); • The parties intend to create a legal relationship and have the legal capacity to enter into the contract; and • The work to be performed must not be illegal

21. Employer responsibilities • Payment for all hours worked. (Offering goods/services instead of pay is prohibited) • Pay correct wages & issue payslips. (Paying 'Cash in hand’ without taking tax out is against taxation law) • Provide safe working conditions and environment • Consult employees when changing their employment contracts and rosters • Reimburse employee’s expenses • Remit tax and superannuation

22. Employer responsibilities (Cont.) • Not to unduly influence, pressure or coerce an employee • Terminate employees lawfully related to inherent requirements of their position (not on discriminatory grounds) • Avoid Adverse action against employees for exercising a workplace right.

23. Employee responsibilities • Obey lawful instructions • Work in good faith on behalf in the employer's interests • Honesty in dealing with employer's money and property • Treat the employer with respect (in return for respect given by the employer) • Confidentiality in dealing with certain work-related information • Report all WHS incidents & breaches

24. Employee responsibilities (Cont.) • A duty to make available any inventions made in the course of employment to the employer • A duty to act in a manner not harmful to third parties • A restriction (in certain cases) on a current/former employee competing (in business) against the employer or former employer; and • To provide appropriate notice when resigning

25. Employee … or Contractor? Employment Fair Work Act 2009 Commercial Independent Contractors Act 2006

26. The Test: Employee or Contractor?

28. What happens if I get it wrong …? The FW Act provides serious penalties for contraventions of these provisions. Employees and independent contractors can request assistance from the FWO if they feel their rights have been contravened.

29. Sham contracting arrangements • A sham contracting arrangement is when an employer attempts to disguise an employment relationship as an independent contracting arrangement. • This is usually done to avoid responsibility for employee entitlements. • Under the sham contracting provisions of the FW Act, an employer cannot: • misrepresent an employment relationship or a proposed employment arrangement as an independent contracting arrangement • dismiss or threaten to dismiss an employee for the purpose of engaging them as an independent contractor • make a knowingly false statement to persuade or influence an employee to become an independent contractor.

30. Termination: Resignation Employee initiated • voluntary action of the employee verbal or in writing • Constructive dismissal when employer makes the employment unbearable. Employer is open to prosecution under unfair and unlawful dismissal legislation • An employer cannot force an employee to work under a contract that they wish to terminate.

31. Termination – Serious Misconduct Dependent on the specifics of each case Examples of serious misconduct: • Stealing • Sexual harassment • Violence & criminal offences • Neglect of duties & breach of trust • Breach of safety procedures • Being under the influence of alcohol or illegal substances

32. Termination – Redundancy Genuine redundancy is where an employee’s job is no longer required to be performed by anyone because of changes in the operational requirements of the business. • technological change; and/or • economic recession; and/or • company merger, take‑over or restructuring Awards or agreements may provide for redundancy benefits which may apply in the circumstances.

33. Questions Contact: ACA HR Service (02) 8448 3211 Email: hrhotline@myadvantage.com.au Online resources: www.chiro.org.au Login as a member to access the Online Resource Library