We have just released a series of updates to our HR Policies and Procedures Manual, Employee Induction Manual, NDIS Self Managers Direct Employment HR Manual and the NDIS Support Worker Agency HR Manual.
These updates mainly arise from the recently passed Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Acts.
These changes primarily operationalise the changes to workplace sexual harassment, and the requirements for employers to proactively prevent and respond to sexual harassment.
They also include changes to flexible working arrangements, changes to fixed term contracts and pay secrecy clauses. Some of these provisions don’t come into effect for 12 months, but employers are urged to voluntarily comply with these new provisions.
We are still waiting on legislation to be passed in relation to the paid parental leave changes announced in the budget. As always, we will track the changes and update our products as soon as legislation is passed.
Quick links to the updates we have just released:
- HR Policies and Procedures Manual
- NDIS Support Worker Agency HR Manual
- NDIS Self Managers Direct Employment HR Manual
- Employee Induction Manual
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V9.12 – 16 December 2022
HR Policies – New Policies
- Chapter 2 – Pay Transparency. New Policy to reflect changes from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act that pay secrecy is now banned. https://www.employeemanual.com.au/pay-secrecy-clauses-now-banned-in-australia/
- Chapter 5 – Unacceptable Client Behaviour. New policy to reflect changes from Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act that employees are to be protected from sexual harassment by clients, customers or other third parties. https://www.employeemanual.com.au/workplace-sexual-harassment-changes/
HR Policies – Updated Sections
- Chapter 1 – Recruitment and Selection. Addition of a sentence that advertising a pay rate that contravenes the Fair Work Act or award/agreement is illegal.
- Chapter 1 – Induction – Day of Commencement. Addition of the requirement to provide a Fixed Term Contract Information Statement to fixed-term contract employees. This provision applies from 6 December 2023.
- Chapter 2 – Flexible Working Arrangements.
- Added pregnancy to the eligibility to request flexible working arrangements.
- Created a new subheading, “Reviewing Flexible Working Arrangement Requests,” and updated the content to reflect the legislative changes. https://www.employeemanual.com.au/changes-to-flexible-working-arrangements-2/
- Chapter 2 – Parental Leave – Applying for or Varying Parental Leave Applications. The section relating to the extension of unpaid parental leave beyond the initial 12 months has a new subheading. It outlines the changes from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Note – While the budget announced changes to Paid Parental Leave, no legislation has yet been passed. Once it passes Parliament, we will update that section to reflect the changes.
- Chapter 2 – Gender Affirmation. The Transgender policy has been expanded to include Gender Diverse employees, and the policy’s wording has been updated to become more respectful and inclusive.
- Chapter 4 – Code of Conduct Updated “harassment” throughout the section to become “sexual harassment”.
- Chapter 4 – Anti-Discrimination. Changed the term sexuality to “sexual orientation” and added “Intersex Status” resulting from changes as part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Chapter 4 – Workplace Bullying and Sexual Harassment resulting from changes arising from the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act,
- Title changed to specifically mention sexual harassment and not just harassment.
- Updated “harassment” throughout the section to become “sexual harassment”.
- Content updated to reflect the new legislation changes
- Chapter 5 – Workplace Violence. Now Renamed Robbery, Hold-Ups, Bomb Threats and Riots. Parts of this section have now been incorporated into the new section, Unacceptable Client Behaviour. The section has been renamed to reflect the content and make it easier to find.
- Updated all variations of the mention of Industrial Awards or Industrial Agreements for consistency.
- Updated “harassment” throughout the document to become “sexual harassment.”
- Multiple minor spelling and grammar corrections throughout the document.
Induction Manual
- Contents updated to match the main HR Manual.
HR Forms
- New Employee Checklist. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract).
- Induction Form – General. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract).
- Induction Form – Manager/Supervisor. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract).
- Request for Flexible Working Arrangements. Edited to match new provisions.
- Response to Request for Flexible Working Arrangements. Edited to match new provisions.
- Parental Leave – Refusal of Extension of Parental Leave. Edited to match new provisions.
- Gender Affirmation Plan. Name of the form was changed and updated to reflect changes to the Gender Affirmation Policy.
- Multiple minor spelling and grammar corrections throughout the document.
NDIS Support Worker Agency – HR Manual
V1.9 – 16 December 2022
HR Policies – New Policies
- Chapter 2 – Pay Transparency. New Policy to reflect changes from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act that pay secrecy is now banned. https://www.employeemanual.com.au/pay-secrecy-clauses-now-banned-in-australia/
- Chapter 5 – Unacceptable Client Behaviour. New policy to reflect changes from Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act that employees are to be protected from sexual harassment by clients, customers or other third parties. https://www.employeemanual.com.au/workplace-sexual-harassment-changes/
HR Policies – Updated Sections
- Chapter 1 – Recruitment and Selection. Addition of a sentence that advertising a pay rate that contravenes the Fair Work Act or award/agreement is illegal.
- Chapter 1 – Induction – Day of Commencement. Addition of the requirement to provide a Fixed Term Contract Information Statement to fixed-term contract employees. This provision applies from 6 December 2023.
- Chapter 2 – Flexible Working Arrangements.
- Added pregnancy to the eligibility to request flexible working arrangements.
- Created a new subheading, “Reviewing Flexible Working Arrangement Requests,” and updated the content to reflect the legislative changes. https://www.employeemanual.com.au/changes-to-flexible-working-arrangements-2/
- Chapter 2 – Parental Leave – Applying for or Varying Parental Leave Applications. The section relating to the extension of unpaid parental leave beyond the initial 12 months has a new subheading. It outlines the changes from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Note – While the budget announced changes to Paid Parental Leave, no legislation has yet been passed. Once it passes Parliament, we will update that section to reflect the changes.
- Chapter 2 – Gender Affirmation. The Transgender policy has been expanded to include Gender Diverse employees, and the policy’s wording has been updated to become more respectful and inclusive.
- Chapter 4 – Code of Conduct Updated “harassment” throughout the section to become “sexual harassment”.
- Chapter 4 – Anti-Discrimination. Changed the term sexuality to “sexual orientation” and added “Intersex Status” resulting from changes as part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Chapter 4 – Workplace Bullying and Sexual Harassment resulting from changes arising from the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act,
- Title changed to specifically mention sexual harassment and not just harassment.
- Updated “harassment” throughout the section to become “sexual harassment”.
- Content updated to reflect the new legislation changes
- Chapter 5 – Workplace Violence. Now Renamed Robbery, Hold-Ups, Bomb Threats and Riots. Parts of this section have now been incorporated into the new section, Unacceptable Client Behaviour. The section has been renamed to reflect the content and make it easier to find.
- Updated all variations of the mention of Industrial Awards or Industrial Agreements for consistency.
- Updated “harassment” throughout the document to become “sexual harassment.”
- Multiple minor spelling and grammar corrections throughout the document.
Induction Manual
- Contents updated to match the main HR Manual.
HR Forms
- New Employee Checklist. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract).
- Induction Form – General. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract).
- Induction Form – Manager/Supervisor. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract).
- Request for Flexible Working Arrangements. Edited to match new provisions.
- Response to Request for Flexible Working Arrangements. Edited to match new provisions.
- Parental Leave – Refusal of Extension of Parental Leave. Edited to match new provisions.
- Gender Affirmation Plan. Name of the form was changed and updated to reflect changes to the Gender Affirmation Policy.
- Multiple minor spelling and grammar corrections throughout the document.
NDIS Self Managers Direct Employment HR Manual
V1.11 – 16 December 2022
HR Policies – New Policies
- Chapter 2 – Pay Transparency. New Policy to reflect changes from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act that pay secrecy is now banned. https://www.employeemanual.com.au/pay-secrecy-clauses-now-banned-in-australia/
- Chapter 5 – Unacceptable Third Party Behaviour. New policy to reflect changes from Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act that employees are to be protected from sexual harassment by third parties such as suppliers, healthcare providers or other person or business that we use to help provide supports or other services. https://www.employeemanual.com.au/workplace-sexual-harassment-changes/
HR Policies – Updated Sections
- Chapter 1 – Recruitment and Selection. Addition of a sentence that advertising a pay rate that contravenes the Fair Work Act or award/agreement is illegal.
- Chapter 1 – Induction – Day of Commencement. Addition of the requirement to provide a Fixed Term Contract Information Statement to fixed-term contract employees. This provision applies from 6 December 2023.
- Chapter 2 – Flexible Working Arrangements.
- Added pregnancy to the eligibility to request flexible working arrangements.
- Created a new subheading, “Reviewing Flexible Working Arrangement Requests,” and updated the content to reflect the legislative changes. https://www.employeemanual.com.au/changes-to-flexible-working-arrangements-2/
- Chapter 2 – Parental Leave – Applying for or Varying Parental Leave Applications. The section relating to the extension of unpaid parental leave beyond the initial 12 months has a new subheading. It outlines the changes from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Note – While the budget announced changes to Paid Parental Leave, no legislation has yet been passed. Once it passes Parliament, we will update that section to reflect the changes.
- Chapter 4 – Code of Conduct Updated “harassment” throughout the section to become “sexual harassment”.
- Chapter 4 – Anti-Discrimination. Changed the term sexuality to “sexual orientation” and added “Intersex Status” resulting from changes as part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Chapter 4 – Workplace Bullying and Sexual Harassment resulting from changes arising from the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act,
- Title changed to specifically mention sexual harassment and not just harassment.
- Updated “harassment” throughout the section to become “sexual harassment”.
- Content updated to reflect the new legislation changes
- Updated all variations of the mention of Industrial Awards or Industrial Agreements for consistency.
- Updated “harassment” throughout the document to become “sexual harassment.”
- Multiple minor spelling and grammar corrections throughout the document.
Induction Manual
- Contents updated to match the main HR Manual.
HR Forms
- New Employee Checklist. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract).
- Induction Form – General. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract).
- Request for Flexible Working Arrangements. Edited to match new provisions.
- Response to Request for Flexible Working Arrangements. Edited to match new provisions.
- Parental Leave – Refusal of Extension of Parental Leave. Edited to match new provisions.
- Multiple minor spelling and grammar corrections throughout the document.
New Employee Inductions
New Employee Induction Book
- Updated to include reference to the Fixed-Term Contract Information (This provision applies from 6 December 2023.
- Updated the term “harassment” to become “sexual harassment”.
Induction Manual – Updated Sections
- Anti-Discrimination. Changed the term sexuality to “sexual orientation” and added “Intersex Status”, resulting from changes as part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Sexual Harassment, Bullying and Racial Vilification updated resulting from changes arising from the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Unacceptable Client Behaviour. New section resulting from changes arising from the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act.
- Code of Conduct Section Updated “harassment” throughout the section to become “sexual harassment”.
Induction Forms
- New Employee Checklist. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract). This provision applies from 6 December 2023.
- Induction Form – General. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract). This provision applies from 6 December 2023.
- Induction Form – Manager/Supervisor. Addition of the Fixed-Term Contract Information Statement (if the employee is on a fixed-term contract). This provision applies from 6 December 2023.
