Please note that this assignment contains 6 tasks

You need to answer all questions completely and correctly to achieve competency in this

assignment.

You can use lecture notes, available books in the library, industry publications and internet as your

reference to complete this assignment. Please don’t forget to mention the reference that you used at the end of each part.

This assignment will address:

Elements:

1. Determine employment requirements
2. Manage workforce performances
3. Support workforce training programs
4. Manage administrative support
5. Implement WHS priorities and procedures

The following is expected to be achieved:

Understanding process of managing staff

Ability to interpret and integrate relevant legislation, codes and national standards into work place

Refer to page No.2 for more information about the outcome of this unit

Please note:

Any copied work or late submission will not be accepted with student facing disciplinary action.

You are required to answer the following assignment questions.

Task 1: Understanding work roles and functions

1. Write a summary on the different types of employment arrangements. (Full-time permanent, part-time permanent, casual, fixed term, commission, piece work, independent contractor, apprentice, traineeship)
2. What does term probation mean in terms of an employment contract?
3. Where can you find information on employment arrangements, clearly reference the

weblink?

4. List and briefly describe Acts, Regulations, Codes of Practice or National Standards that are relevant for employing workers. (minimum 5 you think are the most important)
5. What is Job analysis?
6. Why is Job analysis important (purpose of job analysis)?
7. Describe the basic methods of conducting a job analysis.
8. How can you gain necessary information for job analysis?
9. a) What is a Job/position description?
10. b) Design a sample job description for the production nursery supervisor.
11. a) What is a Job/Person specification?
12. b) Design a sample Job/person specification for the production nursery supervisor.
13. List the work tasks and relevant skills required for (minimum 5):
14. a) Horticulture or Agricultural Farm Manager / Grower and
15. b) Agricultural / Horticulture / Dairy Technical Officer
16. Please read, discuss and analyse these case studies.

Write a list of issues you recognise.

Which legislations, codes of practice or national standards may be breached here? Work in groups of 4 students. One student from each group will present their findings to the class.

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Review: 28/02/18 Issue Date: 05/06/2017

CASE STUDY 1

Joe was allowed to continue in his job as a labourer for three years. Doreen, Joe’s boss, had never told Joe that he was not performing well or that she was not satisfied with Joe’s work. One day,

Doreen then told Joe that he was fired but did not give Joe any reasons for his dismissal.

CASE STUDY 2

Lisa worked as a waitress in a restaurant. When she started she was told by her boss, Frank, that she would be given a permanent job if she passed a trial. Frank didn’t say how long the trial would be. After three months Lisa discovered that she was not being paid properly and asked Frank about it. Frank said “if you don’t like it, then you can leave”. The next week, Frank told Lisa that it wasn’t working out and that she wouldn’t be getting any more shifts. Lisa did not get any more work

CASE STUDY 3

Garry noticed that his younger co-workers at an organization were receiving training on a new work related program that was being rolled out across the team he was working with. When he asked why he had not been invited to the training sessions, Garry’s manager told him that he was getting a bit “long in the tooth” to learn new tricks and to “not worry” about I “better stick to what you know”.

CASE STUDY 4

Zoe is a PA (personal assistant) with a company and had recently broken up with a colleague at the same company whom she had been in a relationship with. Her partner took the ‘split’ badly and has since sent many e-mails to Zoe. The e-mails are highly suggestive, at times offensive and are interrupting Zoe’s work and causing stress. Zoe feels she is being stalked by her ex partner and wants help and advice from you.

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Unit: AHCBUS501 Manage staff

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Task 2: Understanding business functions

1. Why do we need to engage workforce contractors and consultants in horticulture or

agriculture?

2. Terms of engagement for consultants and contractors should be clarified and established.

Analyse table below and insert (ü) or (x) where appropriate.

Employee or Contractor:

Work control Employee Contractor

Instructions The worker is subject to instructions with regard to where, when and how the work is to be done.

Training Training will be provided to the worker, rather than general direction.

Integration The worker is integrated into the workplace. (Staff report to them, they have an e-mail account and are listed in the internal phone directory).

Delegation The worker can delegate or sub-contract the performance of work.

Leave entitlements

Paid leave The worker is entitled to paid leave.

Financial Controls

Tools, equipment and office space

The worker has invested in tools, equipment and facilities (business name, intellectual property or knowledge) specifically to deliver the services.

Payment of expenses Business and travel expenses are paid for by the worker, and absorbed as part of the fee charged.

Service availability The worker’s services are available to other clients. The worker is available for hire by other organisation.

Payments The worker is paid an agreed sum at completion of each stage of the work. (An employee is paid by the hour, day, month, under an enterprise agreement or award).

PAYG PAYG taxes are withheld by the employer.

Profit or loss The worker bears the risk of making a profit or a loss as a result of the contract.

Liability for services The worker is legally responsible for negligence or substandard work and will be required to make good without further payment.

Superannuation The worker is entitled to have superannuation contributions paid into a nominated superannuation fund

Personal injury insurance The worker pays own personal injury insurance

Work Relationships

Public perception The worker is recognised as conducting a business/trade.

(The public does not perceive the worker as an employee)

Right to terminate The services of the worker can be terminated in accordance with the contract without recourse to remedies available under industrial instruments.

Expectation of work The worker is engaged for a specific task with no ongoing work

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3. List five workplace specialist consultants and give their roles, and how can they be used to improve and agricultural / horticultural enterprise.
4. Which legislation do you have to comply with when organising recruitment? Prepare a check list for the employment procedure.
5. Write your own resume, and then compare it with the job description for a nursery supervisor from Task 1. Could you fill in that position? Please justify your answer.
6. What is induction training and why is it important to provide induction training for a new worker?
7. How would you organise and document an induction program for a new nursery worker?

What would you include in an induction training/program?

8. Outline importance of good communication between an employer and employees. Suggest the methods of communication that could be adopted in the horticultural

industry.

9. How would you assess performance of an employee?
10. What is the purpose of a performance review and appraisal?
11. How would you conduct performance review? Which job appraisal factors would you include in the appraisal form?
12. Outline procedures for the termination of non-performing staff.
13. According to Small Business Fair Dismissal Code in what circumstances a dismissal is considered unfair and what is the difference between a small business and a large business?
14. Please read the Case study below and answer the following questions:

Is Bob qualify for the small business exemption to unfair dismissal laws, and explain why?

Can Jenny bring an unfair dismissal claim?

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CASE STUDY

Bob owns a wholesale nursery which employs 10 full-time employees and 10 part-time employees each working an average of 15 hours per week. In January 2011 Bob dismissed Jenny, a full-time horticultural tradesperson. Jenny lodged an unfair dismissal claim with Fair

Work Australia arguing that her dismissal was harsh, unjust or unreasonable.

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Task 3: Training and the workplace

1. Which strategies would you implement to determinate skills and knowledge gaps in a horticultural work place? Explain through an example: Use job descriptions you

develop in Task 1, questions 9 & 10, list and analyse own skills and knowledge to identify your skill and knowledge gaps.

2. Using example from Q.1, suggest how you would provide on-the-job training to optimize your performance and to ensure safety and fairness in the workplace?
3. Suggest relevant types of off-the-job training. How would you source and support that training.

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Unit: AHCBUS501 Manage staff

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Task 4: Legislation

1. What is Fair Work Australia and what power does it have?
2. The National Employment Standards (NES) are set out in the Fair Work Act 2009 and comprise 10 minimum standards of employment.

Please list and briefly explain the 10 NES entitlements?

3. Under the Fair Work Act 2009 and Fair Work Regulations 2009 employers must keep accurate records (manual and/or electronic). Please answer:
4. a) For how long, employers must keep a written staff records?
5. b) What needs to be included on the employee’s records?
6. c) What are the roles of the Fair Work Ombudsman and Fair Work Inspector?
7. d) Who can and who cannot access employee’s records?
8. e) What needs to be included on the employee’s pay slip? How must it be issued?
9. List a few issues that could cause dispute at the work place, and suggest dispute settlement procedure.
10. Please, research and briefly outline key elements of the Horticulture Industry Award 2010 and Pastoral Award 2010.
11. What is an enterprise agreement?
12. What has to be in an enterprise agreement?
13. Which acts and legislation you should consider, when employing contractors and

consultants?

9. How are industrial relations issues addressed in the workplace?
10. What are the steps you have to consider, if you want to hire the right person and to comply with Australia’s employment law?

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Unit: AHCBUS501 Manage staff

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Task 5: WHS and staff management

1. The WHS Legislation is designed to ensure everyone understands their responsibility to work together to minimise risk to health and safety at work.
2. How is this achieved? Explain it through an example.
3. Explain how the safety policy at the workplace was developed and communicated?
4. Identify and list different safe workplace practices in the wholesale nursery.
5. Explain how safe work practices are communicated and enforced at the workplace?
6. Based on your work experience, internet research and your previous answers, please prepare:
7. a) An organizational chart for a medium size horticultural / agricultural workplace with estimated number of staff at each level including their positions, qualifications and employment arrangements.
8. b) An estimated staff budget for that organisation (use the appropriate award)

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Task 6: Staff performance, procedures for administration of records and industrial relations management

Read the following article sourced from dlapiper, a prominent law firm

The trouble with Greenfields Agreements: the Fair Work Act Review

By: DLA Piper

A Greenfields Agreement is either a single or multi-enterprise agreement made between one or more unions and an employer, where the agreement relates to a genuine new enterprise and the employer has not employed any of the persons who would be necessary for the normal conduct of the enterprise and who would be covered by the agreement. Enterprise means a business, activity, project or undertaking.

To approve a Greenfields Agreement, Fair Work Australia (FWA) must be satisfied that:

• The relevant unions that will be covered by the agreement are (taken as a group) entitled to represent the industrial interests of a majority of the employees who will be covered by the agreement, in relation to work to be performed under the agreement; and
• It is in the public interest to approve the agreement.

When one goes to section 174 of the Fair Work Act 2009 (Cth) (FW Act), you will see that the next section is section 176 and the next section after 176 is section 178. There are no sections 175 and 177.

If the Federal Government follows the recommendations of the recent Fair Work Act Review (Review) and reinstates sections 175 and 177 and the other Greenfields Agreements processes are inserted as recommended by the Review, the combined effect of those provisions will be potent, if not toxic (as some would say).

As set out in the Explanatory Memorandum to the Fair Work Bill 2008, the combined effect of the proposed sections 175 and 177 would have been to impose upon employers seeking a Greenfields Agreement the obligation to notify all unions who may have eligibility to cover employees in any of the vocations to be contained in the Greenfields Agreement, and each of those unions would have been automatically entitled to be bargaining representatives for the agreement.

As a result of representations by employer groups, sections 175 and 177 did not make their way to the FW Act. Employer groups submitted that it would be overly complicated to involve every conceivable union in the making of a Greenfields Agreement. In fact as everyone knows who is experienced in the industrial relations arena, quite often relevant unions will not agree to make a Greenfields Agreement with other unions or be involved in a Greenfields Agreement at all.

Not only would the Review reinsert sections 175 and 177, it has recommended that ‘good faith bargaining’ obligations should apply to Greenfields Agreements.

Further, the Review has purported to insert a ‘safety valve’ by recommending that if negotiations for a Greenfields Agreement have failed, the FWA may, on its own motion or in an application by a party, conduct a limited form of arbitration, including ‘last offer arbitration’, to determine the content of the Greenfields Agreement.

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In a perfect world this may seem like a reasonable process, but in the real world of industrial relations, if enacted, the Review recommendations may in the end completely undermine the utility of Greenfields Agreements and could lead to a series of costly and unacceptable stalemates.

A few questions arise.

Under the scheme for Greenfields Agreements, every union will be at the bargaining table, and although it may come as a shock for some, not all unions see eye-to-eye concerning the making of agreements. This can, in turn, give rise to demarcation disputes between unions.

Where a union does not want to be part of a Greenfields Agreement with other unions, it may not be capable of making a Greenfields Agreement alone, because it may not be entitled to represent the industrial interests of a majority of the employees who will be covered by the agreement in relation to work to be performed under the agreement. Where does this leave the Greenfields Agreement process?

If ‘good faith bargaining’ and a limited form of conciliation is introduced, this will no doubt drag out the process of making a Greenfields Agreement in circumstances where employers may need to proceed to engage employees because of project demands. Could a Greenfields Agreement still be made at that point?

Finally, if enacted, the Review recommendations are at least problematic and at worst may undermine the utility of Greenfields Agreements, leading to a series of costly and unacceptable stalemates. This is an outcome that the Review itself sought to avoid.

Based the above article you are required to setup and identify the following;

1. Create a horticultural or agricultural staff performance matrix for the following roles;

– Farm worker / Horticultural worker level 1

– In-house Agricultural Produce Inspector

– & Farm Manager

2. Identify the process in negotiation in terms of an enterprise agreement that must be taken into account when establishing a post Greenfield EA. (summary points is sufficient).