Rights & Responsibilities

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Transport Industry: Starting a New Employee

Offering a Job

When an employer makes a job offer, it is important to ensure that the new employee understands what is expected of them.  While an offer of employment can be made verbally, it should be confirmed in writing.  This confirms that an employment relationship exists.

The successful applicant should accept the employment offer in writing and sign a copy of the letter of offer before starting employment.

The new employee should be informed as to:

• whether they are engaged on a full-time, part-time or casual basis
• their classification (including pay rate), job description and duties
• their working times, including meal breaks and rest periods
• the name and contact details of the employee's supervisor
• any training the employee will receive
• the career path the employee can expect
• whether the employee is on probation and the duration of the probation period

Have the employee complete any necessary forms and documentation before starting work. There may inculde:

• tax and employment declaration forms
• salary banking form
• superannuation contribution form
• uniform and equipment allowances
• deductions for union membership

Refer to sample letter of offer for an example. Employers may wish to use or adapt the sample letter of offer.

Laws and Awards Override Employment Contracts

Once the employee has accepted a specific offer of employment (oral or written), an employment relationship is established.  Once this relationship is established, both the employer and employee have certain rights and obligations.  Some stem from common law but most are set out in the Awards, which form the basis of the employment contract.

An award sets out the minimum rates of pay and conditions of employment which apply to employees in a particular industry or occupation.  An employer and employee cannot agree to 'contract out' of an award; that is, offer pay or conditions lower than those in an award.