Summer 2005 Number 17
ISSN 1447 9354
Two Rivers is a quarterly newsletter produced by the Aboriginal and Torres Strait Islander Unit of the Office of Industrial Relations to provide Aboriginal and Torres Strait Islander communities with information, stories and updates on happenings within the world of industrial relations.
What has happened since the last newsletter?
Pay increase for Kindergarten and Childcare Centres workers
Pay increases awarded by the NSW Industrial Relations Commission earlier this year under the Miscellaneous Workers Kindergarten and Childcare Centres (State) Award apply from the first full pay period on or after the 28 August 2005.
For further information please call the Aboriginal and Torres Strait Islander Unit on 1300 361 1968.
Federal industrial relations changes
On 2 November 2005 the federal government introduced the Workplace Relations Amendment (Work Choices) Bill 2005 into parliament. The 687 page Bill and 565 page Explanatory Memorandum outlines a radical change from the current industrial relations systems in Australia. A further 96 pages of amendments were added by the Government during the parliamentary debates.
The bill was passed by the federal Senate on 2 December and aims to be operative in the first quarter of next year. State governments are mounting a High Court challenge which could see this timetable change.
For further information about the federal industrial relations changes please call the Aboriginal and Torres Strait Islander Unit on 1300 361 1968.
Aboriginal and Torres Strait Islander Case Study
Sean is on an employment program and was recently given a warning by his employer for poor performance. He had been given a new task and was unclear about how he was to carry out the task. As he did not ask for any help the program coordinator assumed that he knew what to do and that he had performed the task poorly.
A yarn between Sean, his employer and the program coordinator soon sorted out the matter. Sean was clear about what he was meant to do and the warning was retracted.
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Tip: When adding a new task or changing an existing task for an employee, do not assume that the employee knows what you need.
Clearly explain the task to the employee and check to make sure they understand what you require from them. |
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Frequently Asked Questions
Question: What should I be paid?
Answer: Generally, the type of work you do and where that work is undertaken will determine if you are covered by an Award.
Awards are legal documents setting out minimum rates of pay and conditions of employment, which apply to employees in particular workplaces, organisations, industries or occupations. Most NSW awards are 'common rule' awards, binding all employers in an industry or with employees in particular occupations.
Example: Employees performing administrative or clerical type duties are likely be covered by the Clerical and Administrative Employees (State) Award.
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Note: Awards set out the legal minimum rates of pay. You may be paid more than the award rate but not less. |
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Your Rights at Work
Poor performance
Poor performance generally falls into the following categories:
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unsatisfactory work performance
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breach of workplace policies, rules or procedures
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unacceptable behaviour
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employee's personal issues that impact on their performance and/or others in the workplace
Reasons for poor performance
There are many reasons as to why an employee may perform poorly. Many of these relate to job design or the tasks that employees are asked to perform.
Common causes of poor performance may include one or more of the following:
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your employee doesn't know what is expected because work goals and/or standards of performance are not clear (or have not been set)
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there is a mismatch between your employee's capabilities and the job they are required to do
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your employee doesn't know if they are doing a good job because there is no feedback on their performance
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your employee does not have the knowledge or skills to do the job expected of them
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lack of personal motivation, low morale in the workplace and/or poor work environment
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your employee may be suffering from personal problems, family stress or have health problems.
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Managing poor performance
Step 1. Identify the problem
Describe the problem specifically.
Step 2. Assess and analyse the problem
Ask yourself the following questions:
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how serious is the problem?
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how long has the problem existed?
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How wide is the gap between the employee's current level of performance and the level expected of them?
Once you have identified and assessed the problem, organise a meeting with the employee to discuss it. Let them know why you are meeting so that they can make necessary preparations.
Allow the employee to bring a support person, or a union representative, if appropriate, to the meeting. The employee should understand that the support person does not participate in the discussions during the meeting.
Step 3. Meet with the employee to discuss the problem
Meet with the employee in a quiet area away from distractions and interruptions.
Make sure that the employee understands:
Also, explain what you wish to achieve from the meeting. Give the employee a chance to respond and put their case forward.
Listen to their explanation of the situation/problem.
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Tip: If you feel that the meeting is getting off the track, take a break or arrange another meeting to discuss the issue. |
Step 4. Jointly decide on a solution
Work out a solution and a clear action plan with your employee. An employee who helps in developing the solution is more likely to act on it. The action plan should include performance improvement milestones and timeframes. Also, consider how you can support them improve their performance. For example, providing further training, redefining expectations and job role.
Schedule your next meeting with the employee to review and discuss their performance against the agreed action plan.
Step 5. Monitor and review performance
You should conduct the meeting to review and discuss the employee's performance even if there it appears that there is no longer a problem. Provide feedback, positive and negative. You will need to work with the employee to ensure that performance improvements are sustained.
For more information on managing performance please contact Rae or Chris on 1300 361 968
Next Issue – Managing injured workers
Phone: 131 628
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