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Human Resources

Your people are your business

At the Australian Health Industry Group we utilise our industry expertise, intellectual rigour and strength to assist its clients to solve complex business problems by delivering pragmatic outcomes that matter.

We employ leading thinkers and specialists to provide independent analysis and advice to businesses in the health, welfare, disability and community health sectors where our innovative solutions focus on the operational performance of our clients.

We deliver a number of services to help you with your human resources including the following: 

Negotiating Employment Agreements and Contracts

The employment contract is the cornerstone of your relationship with your staff so it’s important that your employment contracts and enterprise bargaining agreements are clear and compliant with the applicable Federal and State laws.


Our experienced legal practitioners can advise you on your options and help you to determine what type of contract or agreement is right for your business. Contact our HR team on 03 9280 8000.
We can work with you to determine your individual requirements and to either

  • construct a unique contract of employment for your business where one of our consultants works with you to guide you through each of the possible optional clauses and help you to choose which of these clauses are best suited or most relevant to your business to create a contract template to suit your unique business needs; or
  • use our suite of industry and position specific templates to create a contract for you

Contract reviews

If you would simply like an expert to review your existing contracts and documents we can have one of our workplace specialists undertake this for you to identify any areas of non-compliance and providing a suite of tailored documentation to help remedy any problems identified.

 

Contact our workplace legal team on (03) 9280 8060.

Enterprise Bargaining Agreements

Your success in negotiating an enterprise agreement will be critical to your business' productivity, flexibility and efficiency for years to come.
The team at the Australian Health Industry Group can help your business meet its obligations under the Fair Work Act 2009 and drive the best result for your business.
We can guide you through every step in the employment agreement process, including:

  • Training managers in negotiation and agreement making
  • Negotiating on your behalf
  • Drafting, lodging and implementing agreements
  • Ensuring compliance with new obligations including the duty to bargain in good faith, passing the ‘better off overall test’, use of the Notice of Employee Representational Rights (NORR) and following procedures and rules.

Compliance With Modern Awards and Agreements

The Australian Health Industry Group are specialists in award interpretation working across a range of different industries.
The Modern Award System and with it the National Employment Standards (NES) took effect on 1 January 2010, and every private sector employer (whether a company or not) needs to comply.
We understand that the modern award system can be confusing so we work with you to understand your obligations as an employer under the relevant modern award/s.

Determining what award applies, and whether you are meeting your obligations under the award, can be difficult.

We can assist by:

  • advising you on which modern award or awards apply to your business, and
  • Reviewing your existing employment contracts and advising you on whether or not they comply.
    The Australian Health Industry Group also provides an award updating service that provides you with ongoing wage rates and other award entitlements changes as they come to hand.
    We can assist you with complying with your obligations under the Modern Award System and the (NES) by assisting you to understand:
  • Which modern award(s) apply to your business;
  • Your obligations under the NES (for example parental leave rights, rights to request flexible work arrangements, changed rules for cashing out leave or directing employees to take annual leave);
  • How other agreements, such as enterprise agreements, individual flexibility arrangements and contracts apply if an award or awards already covers your business;
  • Which of your employees might not be covered by a modern award because of their status as a “highly paid employee”;
  • What are the current rates of pay and classifications, casual loadings, overtime rules for employees under the applicable Modern Award;
  • That each of your employment contracts, policies and practices require regular review to ensure they remain consistent with the NES obligations.
    Finally if you are advised of an audit or receive a claim for underpayment

 

Contact one of our experienced consultants on (03) 9280 8060 for immediate assistance

Workplace Policies and Procedures

Well-documented policies and procedures help staff to understand how an organisation ‘works’. They also minimise business and legal risks.
HR policies and procedures establish and document your organisation’s expectations, standards and responsibilities. Clear procedures guide managers and employees through the practical application of policies. Well-documented policies and procedures are also tangible evidence that your organisation has taken reasonable steps to minimise business risks and unlawful practice or behaviour
Our skilled consultants can assist you to draft, develop and implement workplace HR policies and procedures. These policies and procedures can help shape and guide the organizational culture of your business to ensure you maximize its potential.

The Australian Health Industry Group can assist you by

  • designing and developing individual policies and procedures or employee handbooks specifically tailored to your organisation’s needs; or
  • reviewing and advising you about your existing workplace policies relating to discrimination, email/internet use, drug and alcohol use, WHS, workplace surveillance policies, or workplace handbooks/manuals, and drafting or vetting as required
  • advising on implementation, communication, training and managing change issues arising from policy changes
  • Addressing issues such as possible contractual effect of policies.

 

Contact one of our experienced consultants on (03) 9280 8060 for assistance.

Performance Management and Reviews

An important component of developing employees is a comprehensive and well executed performance management system incorporating elements such as regular one-to-one meetings, through to performance appraisals and processes to manage underperformance.


Our team of performance management advisors, will work with you to ensure that performance management systems become a well-established and all-encompassing term within your business that is used to describe the practice that drives decisions about performance, remuneration, promotions, disciplinary procedures, terminations, transfers and development needs within an organisation.


We want to work with you and your employees to ensure that performance management is seen as a much broader concept than performance appraisal or a disciplinary process. It aims to improve organisational, functional, team and individual performances. Effective performance management measures the progress being made towards the achievement of the organisation's business objectives. It does so by planning, establishing, monitoring, reviewing and evaluating organisational, functional, team and individual performance


Performance Management has become a significant issue for many businesses and sound advice is often required to mitigate the risk of future employment disputes and to ensure that your processes are sound, fair and compliant with any legislative requirements.


The Australian Health Industry Group consultants can help minimise the risk to your business by providing accessible and practical advice, in real time, on issues such as performance management, misconduct investigations, termination process, summary dismissals and redundancies.


We can assist you with:

  • advising on processes suitable to circumstances
  • scripting discussions for use with employees in performance management interviews
  • acting as an independent investigator of allegations against an employee, including interviewing witnesses, providing report and recommendations on action to be taken where applicable

 

Contact one of our experienced consultants on (03) 9280 8060 for assistance.

Discrimination, Harassment and Bullying

Our consultants at the Australian Health Industry Group will assist you to understand the importance of implementing clear and transparent policies in the workplace in regard to Discrimination, Harassment & Bullying.


Further we will assist you and your management team to understand and implement where necessary the correct procedures and processes for handling allegations or incidents involving contravention of these policies.


We will assist you to understand the Bullying provisions within the Fair Work Act and the new powers conferred from 1 January 2014, upon the Fair Work Commission to hear applications from employees in respect of bullying.

Our consultants can help protect your business by:

  • Conducting training for managers and team leaders in developing and implementing EEO policy
  • Developing strategies or drafting policies for handling harassment, discrimination, bullying and equal opportunity complaints.
  • Advising on possible discrimination issues
  • Advising how to avoid risks of claims of discrimination in connection with other issues such as termination of employment or implementation of workplace change,
  • Representing you with respect to discrimination, harassment and bullying allegations or proceedings, including conciliation processes and litigation, if required.
  • Conducting independent investigations into allegations of sexual harassment, harassment, bullying and discrimination
  • Holding workshops for employees addressing their obligations and responsibilities
  • Assisting employers in responding to claims.

Workplace Investigations

Workplace investigations play a crucial role in managing workplace conflict and risk: whether resulting from employee performance or conduct issues, allegations of discrimination, harassment or bullying.
Where a workplace investigation is required, an external investigator provides a business and its managers with the opportunity to have the investigation conducted professionally without a suggestion of bias.


The Australian Health Industry Group regularly conducts workplace investigations for its clients and our extensive experience means that we understand the need for rigour, natural justice, and sensitivity when conducting a workplace investigation. We also understand that the outcome needs to be practical and workable for the organisation, preserving the values of the organisation.


The Australian Health Industry Group consultants can help protect your business by:

  • Conducting training for managers and team leaders in conducting investigations
  • Conducting independent investigations into allegations of inappropriate workplace behaviours
  • Assisting employers in responding to claims or complaints
  • Providing ongoing support to ensure that issues of concern are managed and your risk reduced

Redundancy and Restructuring

Many employers find redundancy one of the most difficult business decisions to implement.


The need to plan for and implement redundancies effectively. An employer should be aware that to be regarded as a "genuine redundancy" and to therefore be protected from an unfair dismissal claim being lodged against the employer for a termination arising from a restructure, the Fair Work Act 2009 imposes significant obligations on employers to consult with employees and/or unions prior to implementing redundancies, and to consider redeployment as an alternative to redundancy.


Many genuine redundancies have unfortunately been deemed unfair or discriminatory by courts and tribunals because companies have failed to consult or failed to otherwise apply the terms of their awards, enterprise agreements, workplace policies or employment contracts when the decision is made.


The Australian Health Industry Group consultants are experts in:

  • Guiding you through the restructure and redundancy process to ensure you are protected from potential disputes
  • Assisting you in determining a fair and compliant severance payment
  • Defending employee claims that a redundancy is not genuine, or was a result of discrimination
  • Collaborating with your business to develop the best structure to meet your objectives
  • Managing change process including communicating and implementing changes with your workforce

Termination of Employment

At some point in time the employment relationship between an employee and an employer will come to an end. In some circumstances it will be the employee who makes that decision through resignation, in other circumstances, the decision will be made by the employer. Where an employer reaches the decision to dismiss an employee such decision needs to be well managed, well documented, fair and reasonable.


If you are faced with this difficult decision, the Australian Health Industry Group consultants can provide guidance in this decision making process, ensuring you know your obligations and are well advised to limit the legal exposure that a termination decision can create.


Under current Australian legislation, terminating an employee requires considerable planning and preparation on the part of the employer. The law and tribunals expect employers to terminate employment fairly: that is, to have a good reason for the termination, and to give the employee procedural fairness in the termination process.


The Australian Health Industry Group is experienced and skilled in representing employers, and employees, in proceedings before the industrial tribunals and the discrimination authorities. We can provide expert advice that will minimise the risk to your business of an unfair dismissal or adverse action claim and represent your interests if the need arises.


We can:

  • Provide quick, effective and easy to understand advice, as an employment issue arises
  • Highlight risk areas for you, and suggest ways of dealing with particular circumstances
  • Advise the most appropriate ways to manage poor performance, misconduct or redundancies
  • Provide up to date information on employee entitlements and payments required upon termination
  • Represent your business in conciliation conferences and advise how best to present your case
  • Effectively represent your business in the courts and tribunals.