Business Services
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Important notes
Rights and responsibilities of employers and employees
Common law entitlements and obligations
Applicable industry-specific legislation
Industrial award or enterprise agreement entitlements and obligations
Entitlements and obligations under a contract of employment /
letter of commencement of employment / letter of employment offer
Detailed definitions of key terminology
Affirmative Action
Anti-discrimination
Australian Workplace Agreements Awards
Employment contracts
Enterprise agreements
Equal Employment Opportunity
Harassment
Rights and responsibilities of employees
Rights and responsibilities of employers
Unions
Workplace bullying
Rights and responsibilities of employers and employees
When applying for a job in the business services field, it is important to understand the following information.
All employees have rights and responsibilities drawn from four sources
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Common law entitlements and
obligations
Common law entitlements and obligations are fairly basic common sense. The employee must attend for work at the agreed times and obey reasonable instructions from the employer. He/she must perform the work in a diligent, competent and timely manner and in return can expect to be paid for the work performed. The employee must show loyalty to the employer (eg Not give away the employer’s trade secrets or steal from the business) and the employer must accept responsibility (vicarious liability) for honest mistakes and accidental breakages by the employee (except in the case of the employee’s gross and wilful misconduct such as drunkenness, fighting at work etc).
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Applicable industry-specific legislation
Employees and employers must both comply with any Federal or State legislation applicable to their industry and must co-operate with each other to ensure compliance by all parties. (eg Professional drivers are subject to the Motor Traffic Act)
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Industrial Award or Enterprise Agreement
entitlements and obligations
Industrial awards and enterprise agreements cover most jobs in Australia and set most of the conditions of work, the wages, leave entitlements, rest breaks etc. They are binding on all parties – employers, employees, trade unions and employer/industry associations. Full copies of NSW awards must be available at all workplaces to which they apply. A federal award may cover businesses with operations in more than one state or who have employees who are members of a Federal union.
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Entitlements and obligations under a contract of
employment / letter of commencement of employment /
letter of employment offer
Some employers ask their employees to enter into a written contract of employment. It should be read very carefully as once signed and agreed to, it can be very difficult to change without the employee leaving the job. A letter from the employer to the employee confirming their appointment or making a job offer can also set out the conditions of employment, nominating the award classification, hours of duty, rates of pay, whether it’s expected the employee wear a uniform etc. If the employee accepts the job offer outlined in the letter, the employer has the right to expect the employee will comply with requirements.
Detailed definitions of key terminology
Affirmative Action
Affirmative Action is taking positive steps to achieve equal employment for groups who have been disadvantaged in the past. Women, migrants and the disabled have been discriminated against the most.
Anti-discrimination
Anti-discrimination laws make it illegal to discriminate against someone on the grounds of a person’s sex, race, marital status, pregnancy, physical impairment, intellectual impairment, sexual orientation, religious or political beliefs. Discrimination in the workplace means that people are not given the same opportunities for gaining a job, a promotion or training and development on the grounds stated above.
Australian Workplace Agreements
An AWA is an individual agreement between an employer and an employee that overrides an existing award. They can provide better conditions than an award but anyone covered by one cannot be any worse off than they would be if covered by an award.
Awards
An award is a legal document which sets out the rights, entitlements and obligations of employers and employees, including rates of pay, hours of work, penalty rates, casual and part-time work and grievance procedures. A Federal Award covers all workers in an industry Australia-wide, whereas a State Award covers all workers in an industry in only that state.
Employment contracts
An employment contract is an agreement about the employee’s conditions of employment. It can be either verbal or in writing. It is a good idea to have it in writing so that it can be referred to if there is a dispute. It must include such details as pay rates and entitlements like sick leave and annual leave. It is a good idea to get advice before the employee signs it so that he/she fully understands the terms.
Enterprise Agreements
An enterprise agreement is a legal document setting out the same conditions as an award, but it covers the workers in one organisation only. Again, there are state and federal enterprise agreements.
Equal Employment Opportunity
EEO means more emphasis is placed on finding the best person for the job, considering everybody’s skills and abilities equally, with no discrimination in employment policies and practices, particularly in areas of recruitment, training, career progression and workplace restructuring. There are two parts to EEO – anti-discrimination and affirmative action.
Harassment
Harassment should not be confused with discrimination. Harassment is any form of behaviour that is not wanted and not asked for that humiliates, offends or intimidates someone. It usually is sexually or racially based. Behaviour considered harassment includes displaying or circulating material that is racist, sexist, sexually explicit, homophobic etc; verbal abuse or comments; offensive jokes, gestures or conduct; ignoring, isolating or segregating a person or group of people because of their sex, homosexuality, race etc.
Rights and responsibilities
It is important that you can differentiate between rights and responsibilities, particularly between those of employees as against those of employers. Rights are the entitlements you can expect to be given or the way you can expect to be treated. Responsibilities are tasks that you must complete or actions that are expected of you, that is, your obligations.
Rights and responsibilities of employees
Rights of employees include, to
- be paid the correct wage
- be able to join a union
- have sick leave or annual leave
- be provided with a safe work environment
- work in an environment free from discrimination and harassment
- resign
- not be dismissed unfairly
- have access to a grievance resolution process
- be given explicit instructions regarding work tasks
- receive advice and training
- seek promotion based on merit
Responsibilities of employees include, to
- treat all co-workers equally
- take reasonable care of the health and safety of others
- report any unsafe work practices, accidents or injuries
- attend work and to be punctual, giving an honest day’s work
- obey all lawful instructions
- observe confidentiality and privacy of enterprise, clients and colleagues
- know the terms of their employment
- be accountable for money, material and property belonging to the employer
- be courteous and give good service to clients/customers
- respect cultural and social diversity among employees and clients
- advise the employer of inability to work
- give up all inventions made within the employer’s time
Rights and responsibilities of employers
Rights of employers include, to
- dismiss workers according to the Commonwealth Workplace Relations Act (1996)
- expect loyalty from employees
- expect reasonable care to be taken by all employees
- expect employees to be accountable for money or resources in their care
Responsibilities of employers include, to
- provide a safe work environment
- provide a workplace free from discrimination and harassment
- report to WorkCover
any
serious accidents - hold worker’s compensation insurance
- provide risk management
- provide appropriate safety equipment
- consult with employees with respect to occupational health and safety
- pay employees the correct wage
- provide conditions in line with the award
- treat all employees fairly, applying EEO principles
- not unfairly dismiss an employee
- give clear instructions
- evaluate performance and provide feedback to employees
- provide advice and training
- give due consideration to all relevant legislation
Unions
A union is an organisation set up by employees to assist them in the workplace, in order to increase their bargaining power. Anyone can join a union, except for military personnel. Unions can help with advice on work issues; health and safety issues; protection from harassment and discrimination; pay and entitlements; career structures; equal opportunity and equal pay; making sure that rights are protected; advice and assistance in workplace bargaining. Any worker in the business services industry in NSW can join The Australian Services Union – NSW Clerical and Administrative Branch.
Workplace bullying
Unions have had a big campaign to stop workplace bullying. Someone engaging in workplace bullying intimidates, degrades or humiliates other employees sometimes in the presence of co-workers and clients. It can include verbal abuse and behaviour, which is intended to punish; constant unreasonable criticism; put-downs and sarcasm; poorly managed conflicts of opinion or personality clashes. Inappropriate comments about appearance are common as are isolation at work, overloading with work or underutilisation of skills, exclusion from meetings, denial of promotion and even assault. Workplace bullying leads to stress-related health problems, high incidence of sick leave, resignation, low self-esteem, low morale and poor performance.
Refer to Key terms and concepts for additional terminology relating to working in a business environment.
Career planning
Business services are essential to every Australian business. This industry employs over 1.6 million people across Australia and is traditionally open to school leavers. The business services workforce is the second largest cross-industry occupational group in Australia, so many students undertaking this course will gain employment in this field.
When considering future career options, students should consider
- interests
- abilities
- further study after school
- the desired location of any job of interest
- the type and variety of work experienced in that occupation
- the preferred level of responsibility
Specific skills that are of benefit in the business services sector include
- organisational skills
- ability to concentrate on a task
- attention to detail
- communication skills, especially when dealing with customers
- ability to work in a team
- ability to work unsupervised
- computer literacy
- good writing skills
- positive attitude
- time management skills
When applying for a job, applicants need to write a letter of application and a Resume (often called a Curriculum Vitae or CV for short).
A letter of application should outline
- the reason for writing
- the skills brought to the position
- the reason for seeking the position
A Resume should include
- personal details
- record of education
- qualifications gained
- work experience
- activities involved in
- referees’ names and contact details
A website that has useful career information is Seek.com.au. Go to this website to find up-to-date career resources.
Useful references
NSW Department of Industrial Relations
Employment Information
Young People At Work
NSW Awards
Federal Awards
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