Employees

By carefully selecting staff, the likelihood of legal action for unfair dismissal can be minimised.

Provide a written job description before employees start work, and make sure that employees understand what you expect in the workplace.

Obtain information from the Department of Productivity and Labour Relations and Department of Occupational Health, Safety and Welfare regarding hours, holidays, leave, superannuation and safety.

If purchasing a business, beware of ongoing liabilities; e.g. long service leave and check on training requirements.
WageNet - 'Wage rates at your fingertips'

Small Business as an Employer
Hiring and Firing Staff
Many people see this as the most hazardous aspect of being in a small business. This checklist provides contact points for information and guidance.

The Employment Decision

Will you employ, or can you contract out the work?
What will it cost to employ?
Can you afford to employ?
How will you find the people you need?

Employment Law
It would be unrealistic to expect the small business owner to have a detailed knowledge of employment law, but it is necessary to understand your legal obligations in respect of:

awards and contracts of employment;
the Workplace Agreements Act 1993;
the Minimum Conditions Act 1993;
the Apprenticeship Act;
long service leave;
taxation;
work safety issues;
superannuation;
record keeping;
workers compensation; and
equal opportunity legislation - essential in hiring and firing of staff.

Failure to act in accordance with employment law can be very costly.

Employment Responsibilities
It is important that the employer understands the need for clearly defined terms and conditions of employment. Well considered policies and well documented procedures for employing and managing people will help to minimise the risk of infringing the law. 
Duties Of An Employee

An employer has a right to expect that the employee will comply with his or her terms and conditions of employment including obeying all lawful and reasonable instructions.

Taxation
When you employ staff you must comply with federal and state tax laws including the maintenance of appropriate records.

Employing Staff
The employment process will run more smoothly if you know the correct procedures; however, you may prefer to use the services of a professional employment agent.

If you do it yourself, you should know how to properly:

advertise;
interview;
select the right applicant; and
draw up and document a formal offer of employment.

Checklist For Employers
Have you put in place:

Public Liability Insurance?
Superannuation?

Before the employee starts you must put in place:

Workers' Compensation

Do you know if you have employed under:

An Award?
A Workplace Agreement?
An Enterprise Agreement?
Other conditions.

Have you complied with taxation requirements; e.g.

employment declarations?
wages book or payroll records?
registered as a group employer?
appropriate tax office documentation?

Do your employees know:

what you expect of them?
what your organisation is all about?
what their role is in your business?

Have you arranged to provide:

appropriate job training for employees and other requirements such as safety and emergency procedures and
regular reviews of "Performance" indicators for each employee?

Caution
Don't make promises unless you are prepared to commit them to writing.
Keep records of what you and your employees discuss, especially when it is related to conditions and terms of employment.
Keep all your records up to date.
Don't ignore unacceptable behaviour in the workplace.
Don't be afraid to seek outside professional advice. Employment laws and regulations are complex. You can't afford to make mistakes.

Courses, publications and further information are available from:

TAFE

Tel: (08) 9248 6872
Fax: (08) 9248 9144
Email: johnpa@west_coast.training.wa.gov.au

Chamber of Commerce and Industry (CCI)
Industrial Award Service
CCI Employfast Apprenticeship & Traineee Service.

Phone: (08) 9365 7555
Freecall: 1800 224 224
Email: marris@cciwa.com
Internet: http://www.cciwa.com.au

The Small Business Development Corporation

Phone: (08) 9220 0222
Country Callers Toll Free: 1800 199 125
Email: info@sbdc.com.au
Internet: http://www.sbdc.com.au

Relevant Reference Books
Butterworths Outline of Employment Law
CCH Australian Employment Law Guide
Navigating the Employment Minefield

Government Departments Which Provide Advice For Employers

Australian Taxation Office

Internet: www.ato.gov.au 
24hrs Fax from Tax Info Service
Fax: 13 28 60
General Enquiries
Ph: 13 28 61
Fringe Benefits Tax
Ph: 13 33 28
PAYG Tax
Ph: 13 24 78
Superannuation
Ph: 13 10 20
Internet: www.ato.gov.au/super

State Revenue Department

Internet: www.wa.gov.au/srd
Ph: (08) 9262 1400

Department of Productivity & Labour Relations:

State and Federal Awards, Conditions of employment, Wages records, Workplace agreements, Unfair dismissal
Ph: (08) 9222 7700
Fax: (08) 9481 6089
Internet: www.wa.gov.au/doplar

Workplace Liaison Service Ph: 1300 655 501

Wageline Ph: 1300 655 266
Email: wageline@doplar.wa.gov.au
Internet: www.wagenet.gov.au

Awards (Schedules only) - Country  
Albany Ph: 9842 8279
Bunbury Ph: (08) 9791 2409
Geraldton Ph: (08) 9964 5644
Kalgoorlie Ph: (08) 9021 0811
Karratha Ph: (08) 9185 1911 

Commissioner of Workplace Agreements:

Workplace agreements
Ph: (08) 9482 7800
Freecall: 1800 627 740
Fax: (08) 9481 6089
Internet: www.wa.gov.au/workplace

WorkSafe Western Australia:

Occupational Health & Safety, Workplace safety issues
Ph: (08) 9327 8777
Fax: (08) 9321 8973
Internet: www.safetyline.wa.gov.au

WorkCover Western Australia:

Occupational Health & Safety
Ph: (08)9388 5555
Internet: www.workcover.wa.gov.au
Email: postmaster@workcover.wa.gov.au

WA Dept of Training (Training Information Centre):

Apprenticeships and Traineeships
Ph: 13 19 54
Freecall: 1800 999 167
Internet: www.training.wa.gov.au

Equal Opportunity Commission:

Ph:  (08) 9264 1930
Freecall: 1800 198 149
Internet: www.equalopportunity.wa.gov.au
 

Employer Hot Line

Ph: 13 17 15
Internet: jobnetwork.dewrsb.gov.au

Federal Department of Employment, Workplace Relations and Small Business:

Ph: (08) 9464 4000
Internet: www.dewrsb.gov.au

For Further Information You Can Also Access All Government Departments on 13 28 46 or www.business.gov.au