During the recruitment process you will need to refer to, or supply, the following documents, in this order:
A list of the documents in each of these categories is as follows:
(1) Policies
Wages and conditions for an employee can be specified in one, or a combination of, the following documents:
Awards apply to many businesses, whereas a Collective Agreement or will apply only to your business. Conditions applicable to your own employees can be covered in a collective agreement, or you can have an individual ITEA if you meet the requirements (see the Agreements section), or an individual contract of employment, for each individual employee.
(4) Forms
An individual written contract is a document drafted to record a proposed agreement between a particular employer and employee. This means the employer and employee have agreed to terms and conditions that may differ from (but not undercut) what would otherwise be provided in an award, a collective agreement, an unregistered collective agreement or custom and practice at the workplace.
The individual written contract can also fulfil the purpose of consolidating the special or particular terms and conditions of that particular relationship into one document.
Award terms are not automatically incorporated into a contract of employment. The parties need to actually provide for such incorporation – if they so wish.
The argument against incorporating award terms into contracts of employment is that if award terms become contract terms then they are enforceable as contractual provisions and substantial damages may flow from breach. Award provisions have a more limited scope for enforcement – in industrial tribunals – where the damages are limited.
Working with these documents
- Prior to commencing recruitment, ensure you have the appropriate policies in place.
- Ensure the job description is up to date.
- Refer to any relevant awards which may regulate the employment of this type of worker. Draw up a draft contract of employment with terms and conditions of employment explicitly stated. This contract will underlie the discussions and correspondence which you will have with prospective employees. Alternatively you may settle for an ITEA (if available), or Collective Agreement.
- Commence recruitment - see the Checklist.
- Candidates should complete the Job Application Form for the available position.
- Correspondence should be used as required to inform unsuccessful and successful candidates.
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