1. Staff Recruitment and Conditions of Employment Procedure

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STAFF RECRUITMENT, SELECTION AND CONDITIONS OF EMPLOYMENT

Section 4 – Procedure 1

Date of Issue: January 2013 Date of Review: January 2015

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Recruitment and Conditions of Employment Procedure Jan 2013.doc

1. Recruitment

The Brain Injury Network of South Australia Inc (BINSA) is committed to employing people

suitably qualified and trained to fill each position. To facilitate this:

Vacancies may be advertised

Vacancies may be advertised through other Community Services Websites or

Newsletters

A recruitment agency may be engaged to assist in the recruitment/selection process

Word of mouth.

a. Job and Person Specifications

All positions have a relevant Job and Person specification which applicants need to

address. Sensitivity to cultural and linguistic diversity (CALD) and knowledge of

current discrimination legislation are required.

b. Selection Panels

It is the policy of BINSA to encourage all staff to achieve a high level of competence in

the conduct of selection interviews.

Responsibilities and Procedures

It the responsibility of the Executive Officer (EO):

To liaise with the COM and other staff as relevant in the recruitment and selection

of new employees and to develop a high level of competence on the part of all staff

in the conduct of selection interviews

To liaise with the Committee of Management (COM) in the arrangement of

interview panels if appropriate.

Selection Panel Representatives

The EO and at least one staff or COM member shall make selections relating to

client support staff

Selection panels for the appointment of senior staff, including the EO will be

determined by the COM

Gender balance of panel and awareness of cultural and linguistic diversity (CALD)

are considered in selection processes.

c. Interview Process

The functions of the selection interviews are to obtain information, to give information

and to objectively determine the most suitable candidate according to the match of

qualifications, skills and experience with the job and person specification.

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The selection interview should provide adequate information to form a final decision to

hire or not to hire the applicant or to file the application for later consideration.

The following points should be kept in mind by the interviewer(s) to improve his/her

effectiveness:

The interview should not be hurried. It should be performed in private and be free

of interruptions

The interview should be structured as a discussion between equals

The interviewer(s) should ask only pertinent questions in such a manner that they

will not be misunderstood and should avoid discriminatory and leading questions.

The use of open ended questions which do not require yes/no answers is

recommended.

The interviewer(s) should avoid asking personal questions until the stage where the

applicant has met all other requirements, and then the reason for these questions

should be explained

The interview should be closed when the necessary information has been given

and secured

The skilled interviewer keeps control of the interview, avoids all appearance of

haste, encourages a relaxed atmosphere and stimulates free exchange of

information.

d. Reference Checking Process

It is organisation policy to undertake reference checks on the one preferred candidate

prior to any offer being made.

References are essential to verify information pertaining to an applicant’s work

history and performance

References, either written or verbal, should be validated and cross-checked as

much as possible by contacting previous employers to get an accurate profile of the

applicant’s capacity to meet the requirements of the job and person specification of

the position under consideration.

It is the responsibility of the interviewer(s) to:

Advise applicants that referees will be contacted to confirm references prior to

making an offer of employment

Cross-check information obtained from previous employers to that supplied by the

applicant

Follow up any discrepancies

Seek additional information as required to ensure the requirements of the job and

person specification can be met

Be satisfied that the true referee is contacted.

e. Employment Pre-Requisites

Applicants must be able to undertake the required duties of the position, therefore,

applicants with medical reports which determine that the person cannot undertake the

required duties normally, will not be employed in the position.



National Criminal History Record Check

BINSA is committed to ensure the well-being and protection of clients whilst

acknowledging that potential employees’ past indiscretions should not necessarily

create a barrier to their being BINSA will only take into account any conviction that can

be related to the performance of the job.

f. Standard Employment Requirements

Qualifications

All employees will be expected to hold relevant qualifications as prescribed by the

relevant Award(s) (refer to the Social, Community, Home Care and Disability Services

Industry Award 2010 [MA000100] (or other as stipulated); or be willing to commence

such a qualification within a timeframe negotiated with the EO.

Mandated Police Report

All prospective employees will be required to undergo a check through the SA

Police Department to determine if there are any factors which may preclude them

from such employment

Any prospective employee refusing BINSA permission to seek a National Criminal

History Report will not be offered employment

Persons may be offered employment subject to a satisfactory NCHR check before

the reports have been obtained

BINSA will not hold any report but it must be sighted and their personnel file noted

to that effect.

Medical Report

Persons may be offered employment subject to a satisfactory medical check if

relevant to the job.

Drivers Licence / Transport

All employees must hold a current South Australian driver's licence and the use of

own car may be required

All employees who are required to transport clients in the execution of their duties

are bound by the (Department of Human Services - Social Justice & Country

Division) Disability Sector Code of Practice for the Transportation of Clients.

g. Unsuccessful Job Applicants

BINSA will advise all unsuccessful applicants promptly that they have been

unsuccessful. The information about all applicants is treated confidentially.

The EO to ensure that unsuccessful applicants are advised in writing.

2. Employment

Only the COM and/or the EO can make offers of employment.

It is the responsibility of the EO to ensure that appropriate selection procedures and policies

are followed and that any offer of employment has been properly made. Oral offers of

employment must be followed with acceptance of a written offer in a timely manner before

the employee begins.

http://www.fwa.gov.au/documents/modern_awards/award/ma000100/default.htm

http://www.fwa.gov.au/documents/modern_awards/award/ma000100/default.htm



It is necessary to ensure that any offer of employment is authorised by the EO or COM as

relevant and is in the format as attached. See BINSA Offer of Employment – Terms and

Conditions

The EO will initiate the written offer of employment in the approved manner and to receive

and record acceptance of such offers.

The letter of offer includes a probationary period and employment is conditional on the

acceptance of policies of the organisation.

EO or their delegate has the responsibility of monitoring the progress of new employees.

Unsuccessful applications for positions will be kept in a secure file for three months. After this

period the applications will be shredded.

a. Contract of Employment

The basis of employment between BINSA and employee is the contract of employment

in the form of a letter of offer. Under the contract of employment there are a number of

conditions which are outlined in writing.

The organisation will determine the rate of remuneration before an offer of employment

is made.

b. Probation Period

All new employees of BINSA will be employed subject to a probationary period, the

details of which will be clearly stated in their Letter of Appointment and/or Contract of

Employment.

The purpose of this probationary period is to assess the suitability of the new employee

on the job for the purpose of continued employment and to provide an opportunity to

assess their capacity to do the job.

This is an accepted practice whereby the employer is not guaranteeing continued

employment unless the employee can fulfil the duties to their own and the employer’s

satisfaction.

c. Probation Conditions

Probationary periods will be of a length that is reasonable, having regard to the nature

and circumstances of employment and will only be extended in particular

circumstances, such as prolonged absence from work due to illness or injury or other

relevant circumstances.

Where an employee has successfully completed the probationary period, their

appointment will be formally confirmed. Written confirmation of the status of their

employment contract, along with the opportunity to reinforce the conditions of

employment will be given to the employee.

There will also be an opportunity to assess the need for further training and to clarify

the employee’s understanding of the requirements of their position.

If at any time during the probationary and qualification period of employment the

employee’s progress is deemed to be unsatisfactory by the EO, action can be initiated

to terminate the employment.



At any time during the probationary period, either BINSA or the employee may

terminate the employment contract by giving the appropriate notice of termination as

specified by the National Employment Standards (NES).

Termination of the employment contract will only be considered where BINSA has

taken all reasonable steps to ensure that the employee has received the appropriate

training, support and feedback throughout their probationary period.

All time spent as an employee, including during the probationary period, counts as

service for the purpose of accruing leave entitlements, such as annual leave, personal

leave etc.

d. Casual Employment

Casual employment means that the employer does not have to offer work to the

employee; it is at the discretion of the employer. BINSA will comply with all relevant

legislation and regulations governed under the terms of the NES where a staff member

is casually employed.

e. Short-Term Contracts

BINSA may from time to time, engage employees/consultants for specific

projects/periods.

3. Induction of New Employees

BINSA provides an effective induction program for all new employees.

Induction is an essential part of the training process. The new employee is often highly

motivated to do a good job, and his/her introduction to the organisation should build on this

positive attitude toward the organisation and the job.

a. Induction Program

The induction programme for all new employees will be comprehensive and follow the

guidelines as prescribed in the Section 2 – Policy No 6 Induction.

4. Employment Conditions

a. Hours of Work

Minimum hours of work for every employee, apart for casual employees, will be

determined and agreed in writing with the employee prior to the commencement date

of employment. BINSA will determine the number of hours allocated to a position

based on service needs up to the maximum allowed by the relevant Award(s), or by

contract.

Hours of work for casual employees will be determined as required by BINSA and

notification will be given to the employee from time to time.

Employees are required to negotiate with the EO if their hours of work are to exceed

their approved hours in any weekly period. This must be done BEFORE the hours are

worked.

Employees are required to negotiate with the EO prior to working extra hours that will

accrue ‘time-in-lieu’ or leave entitlements.



NB Time-in-lieu hours are pre-approved hours.

Time-in-lieu hours worked are limited to 2 hours and time-in-lieu must be taken in the

same 2 week pay period. Exceptions must be negotiated and approved by the EO.

Failure to negotiate with the EO may lead to non-payment of hours worked or approval

of the time in lieu.

a. Employee Status

Full-time Employees

Are those employees who work the maximum number of hours as described by the

relevant Award(s) or contract.

Part-time Employees

Part-time employees are those who work any number of hours less than full-time in any

period on a constant basis.

Temporary Employees

Work the same hours as permanent full-time or part-time employees but the term of the

employment contract is specified and terminates on specified date unless formally

altered.

Casual Employees

The definition of casual employee is determined by the Award(s). However, in general

it means the hours worked are irregular.

Casual employees will work the hours as determined by the organisation. Hours may

vary at any time. As much notice as possible will be given to the employee.

Contracted Hours

Employees may progress from one level of contract hours to a different level of

contract hours on the basis of annual reviews based on the needs of the service, the

employer and the employee.

The hours of an employee may be varied immediately by the employer, after

consultation with the employee, outside the review dates. The hours of an employee

will be reduced other than at their request, due to the following:

reduction in client numbers

change in support hours for the service

changes in funding structure

employee requesting reduction in hours

employee requesting to cease working with a client group or individual.

BINSA will use all reasonable endeavors to maintain their hours.



b. Timesheets/ Online Timekeeping

It is the employee’s responsibility to complete a timesheet, either on-line or in hard

copy and to ensure that his/her timesheet is correct and accurate and forwarded to the

EO promptly after the completion of the pay period.

This time sheet is a legal record of attendance. It must be signed by the employee as a true and accurate record.

If timesheets are late, or not presented, payment will not be made until the presentation

of the signed timesheet. Payment of entitlements will then be made at the earliest

possible convenience of the BINSA Accountant.

c. Absenteeism and Attendance Policy and Procedure

BINSA is committed to applying a consistent approach when dealing with an

employee’s unacceptable pattern of poor attendance and /or absenteeism from work.

Attendance at work to perform the requirements of the appointed position is essential

to the efficient operation and productivity of BINSA. Poor attendance and excessive

absenteeism also places an added burden on fellow employees and will be addressed

as a matter of priority.

Absences for reasons such as personal illness or family emergency must only be taken

in accordance with the relevant provisions of the National Employment Standards

(NES) of the Fair Work Act 2009 and the requirements outlined in other relevant

policies.

During any period of prolonged absence, employees are required to contact the EO

and submit any necessary documentation on a regular basis, such as medical

certificates/reports or statutory declarations, to keep them informed of the particulars of

the situation and of the expected date of their return to work.

Repeated late attendance or absence from work without valid reason or the required

notification being given by the employee, will result in follow up procedures being

implemented, including disciplinary action being taken, where appropriate.

d. Counselling Support

Where a pattern of poor attendance and/or absenteeism becomes apparent,

employees will be counselled to ascertain the reasons, including any relevant

workplace or personal issues that may be contributing to such a pattern of poor

attendance and/or absenteeism.

Where possible, employees will be offered information, training and/or support and

assistance to deal with and overcome any issues that have been identified through the

counselling process as contributing to the unacceptable behaviour/s.

In the event that the pattern of poor attendance and/or absenteeism continues,

following reasonable attempts to assist the employee concerned, then the appropriate

disciplinary procedures are to be applied in an attempt to correct the unacceptable

behaviour/s.

Employees will be advised that failure to improve their unacceptable pattern of poor

attendance and/or absenteeism may result in their contract of employment being



terminated, subject to the provisions of the relevant Agreement/Award/Act that applies

to the particular employee.

e. Disciplinary Action and Termination of Employment

All matters requiring disciplinary action must be referred to the EO who will keep the

COM informed of the progress of the action.

Employment termination will be subject to the provisions of the relevant

Agreement/Award/Act that applies to the particular employee. The following checklist

provides broad guidelines:

Disciplinary Procedure (checklist)

The actual procedure to be used will depend upon the particular circumstances; the

following represents an appropriate warnings procedure that will be followed in

principle by BINSA.

1st warning

General warning on the nature of the problem and the need for improvement

(witnessed (not essential but preferable), written and acknowledged).

2nd warning

Specific warning of problems and the consequences of non-improvement

(witnessed, written and acknowledged).

3rd warning

Final warning on problems and specific warning that non-improvement will lead to

dismissal (witnessed, written and acknowledged).

Each warning should have a period of review attached that will apply from the issue

date of the warning in order to assess the employee’s performance or behaviour.

There is no industrial prescription for how long warnings should stay on an employee’s

file; however it is generally accepted by industrial parties that a twelve month currency

on each warning is appropriate.

f. Abandonment of Employment

If an employee is absent from their employment for two or more consecutive days,

without having notified BINSA or without BINSAs consent, the employee will be

considered to have abandoned their employment with BINSA.

BINSA will undertake the following procedure in the case of abandonment of

employment by an employee.

The procedure management will follow in determining whether an employee has

abandoned their employment will be:

the EO will first establish that the employee’s absence is unauthorised by checking

relevant records such as rosters, attendance records, time sheets or other

employees if applicable

the EO will then attempt to contact the absent employee personally, by telephone

or by letter sent by registered post, to determine the reason for the absence and

whether or not the employee intends to return to work.



The letter of enquiry sent by the EO must state the failure by the employee to return to

normal duty or to give an acceptable explanation for their absence within a specified

time will be regarded as the employee terminating their employment, without notice, on

the date of the employee’s last day of attendance, as a result of abandonment of

employment.

This communication process will occur prior to any termination either by written,

personal or telephone consultation.

Termination of employment will be in person or by registered letter sent to the

employee’s home address. Termination will not occur over the telephone.

If the employee gives a reasonable explanation for their absence from work, then the

presumption of abandonment of employment may be reversed.

g. Exit Interview

When leaving, BINSA encourages its staff, Board members, students on placement

and volunteers to undertake an exit interview. Feedback received will contribute to

BINSA’s ongoing development and evaluation of services and programs.

Using an Exit Interview Form, staff, COM members, students on placement and

volunteers will be given the opportunity to:

Reflect on their development whilst working for BINSA

Provide constructive feedback to the BINSA on what worked well for them and what

areas they would like the BINSA to further develop

Receive positive feedback on their contribution to BINSA.

Process

If the person leaving chooses to have an Exit interview they may nominate either the

EO or a COM Member to facilitate the Exit Interview.

The Exit Interview will occur in the time period of no earlier than 2 weeks before the

final work date and no later than 2 weeks after the final work date.

The Exit Interview will not be used as a vehicle for the EO/COM member to raise new

issues or for the staff to lodge new grievances. It is expected all such issues will be

raised prior to the Exit Interview through the appropriate grievance complaint or staff

appraisal procedures.

The pro forma structure for the interview is outlined on the Exit Interview Form.

The EO/COM member and staff member will decide how the information discussed will

be used in order to respect the privacy and confidentiality of the interview.

Documents

1. Staff Recruitment and Conditions of Employment Procedure