BSBLDR522: Manage People Performance

BSBLDR522
Manage People Performance
Assessment Task 1
Student Name Harpinder Singh Kler Student ID Number
Unit Start Date Unit End Date
Assessment Due Date Date Submitted

1. Explain the key provisions of the Fair Work Act 2009.
The Fair Work Act 2009 (Act) is the primary piece of legislation governing
Australia’s workplaces. It is the foundation to all standards and
regulations for employment and something that employers in all
industries and within all business sizes should be familiar with. The rules
and obligations for employees and employers which are outlined within
the Fair Work Act 2009 are known as the national workplace relations
system. The purpose of this system is to provide a balanced framework
for productive workplace relations which promotes national economic
prosperity and social inclusion for all Australians. Which essentially
means that it is in place for the good of all and does not come with any
subjective or biased perspectives.
2. Explain the key provisions of each of the following Acts:

 The Racial Discrimination Act 1975
 Sex Discrimination Act 1984
 Disability Discrimination Act 1992
The Racial Discrimination Act 1975: The Racial Discrimination Act 1975
(Cath), (RDA) is a statute passed by the Australian Parliament during the
Prime Minister ship of Gough Whitlam. The RDA makes racial
discrimination in certain contexts unlawful in Australia, and overrides
States and Territory legislation to the extent of any inconsistency.
Sex Discrimination Act 1984: The Sex Discrimination Act 1984 is an Act
of the Parliament of Australia which prohibits discrimination on the
basis of sex, marital or relationship status, actual or potential
pregnancy, sexual orientation, gender identity, intersex status or
breastfeeding in a range of areas of public life. These areas include
work, accommodation, education, the provision of goods, facilities and
services, the activities of clubs and the administration of
Commonwealth laws and programs. The Australian Human Rights
Commission investigates alleged breaches of the Act.
Disability Discrimination Act 1992: The Disability Discrimination Act
1992 makes it unlawful for an employer to discriminate against a person
on the grounds of disability (including a disease).
3. Explain the purpose of the National Employment Standards and the 10

minimum entitlements. The National Employment Standards (NES) are 10
minimum legislative requirements to which all employees are entitled.
When your workplace makes an Enterprise Agreement, these agreements

can provide superior entitlements, but cannot provide for anything less
than provided for by the NES.
THE NES 10 MINIMUM ENTITLEMENTS
HOURS OF WORK: 38 hours per work plus reasonable additional hours. An

employee can refuse unreasonable additional hours.
FLEXIBLE WORK FOR PARENTS: An employee who has caring

responsibilities for a child under school age or a child under 18 with a
disability may request a change to workplace arrangements to
accommodate caring responsibilities. This request can only be refused on
reasonable business grounds.
PARENTAL LEAVE: An employee is entitled to 12 months unpaid parental

leave and to seek a second period of 12 months unpaid leave. The request
can only be refused on reasonable business grounds. The decision to
refuse the request is not reviewable under the NES although Agreements
can provide for a right to review this decision.
ANNUAL LEAVE: Employees are entitled to 4 weeks annual leave and shift
workers 5 weeks. Agreements can allow employees to cash out annual
leave by agreement, so long as the employee's remaining accrued annual
leave entitlement is 4 weeks. Agreement-free employees can cash out
annual leave by agreement on the same conditions.
PERSONAL, CARERS, COMPASSIONATE LEAVE: 10 days personal/careers

leave. An employee is also entitled to an additional 2 days unpaid career’s
leave per occasion and 2 days paid compassionate leave per occasion.
Agreements can allow employees to cash out personal leave by agreement,
so long as the employee's remaining personal leave entitlement is 15 days.
COMMUNITY SERVICE LEAVE: This applies for jury service and voluntary
emergency management activities, such as CFA. Leave is unpaid, except for
the first 10 days of jury service where the employee is not casual.
LONG SERVICE LEAVE: Employees are entitled to long service leave in
accordance with pre-existing entitlements.
PUBLIC HOLIDAYS: An employee is entitled to be absent from his/her

employment on a day that is a public holiday where the employee is
based. An employee may refuse a request to work on a public holiday if
the request to work is unreasonable, or the refusals to work is reasonable.
TERMINATION OF EMPLOYMENT AND REDUNDANCY: An employer must

give a minimum notice period for termination of employment and
redundancy. The period is dependent on the years of service. Where an
employee's employment is terminated for redundancy reasons, the
employee is entitled to redundancy pay. The amount of redundancy pay is
dependent on the years of service.
INFORMATION STATEMENT: Employers must give all employees on

commencement of their employment a statement advising the
employee of their entitlements and rights under the Act Statement
to be published by Fair Work Australia.
4. Explain the use of modern awards in workplaces.

A modern award will outline all the terms and conditions of employment for
most employers and employees. If the business is covered by a registered
agreement, it is usually the case that the conditions of a modern award are
no longer relevant. However, if the base rates of pay in an agreement are
lower than those in the relevant modern award, the base rates of pay in the
modern award will apply. Modern awards apply to all employees covered by
the national workplace relations system. These are industry or occupation-
based, and apply to employers and employees who perform work covered
by the award.
5. Identify at least two examples of modern awards using the Fair Work
Ombudsman website. Write down the name of the award and the
minimum wages under the award and minimum working hours.
a) Market Assistance Industry Award 2010
 Minimum weekly wage is 814.50 $
 The ordinary hours of work will be no more than an average of 38 hours
per week to be worked over 152 hours within a work cycle not exceeding
28 days and not exceeding 10 hours in any one day.
b) Legal Services Award 2010

 Minimum weekly wage is 802.50 $
 Work:
(a) The ordinary hours of work for day workers are to

be an average of 38 per week but not exceeding
152 hours in 28 days.
(b) The ordinary hours of work may be worked on any

day or all of the days of the week, Monday to
Friday.
(c) The ordinary hours of work are to be worked

continuously, except for meal breaks, at the
discretion of the employer between 7.00 am to
6.30 pm, Monday to Friday. The spread of hours
may be altered by up to one hour at either end of
the spread, by agreement between the employer
and the majority of employees concerned.
(d) Any work performed outside the spread of hours is

to be paid for at overtime rates. However, any
work performed by an employee prior to the
spread of hours which is continuous with ordinary
hours for the purpose, for example, of getting the
workplace in a state of readiness for other
employees to start work is to be regarded as part
of the 38 ordinary hours of work.
6. Outline the purpose of an enterprise agreement and with which entity

must the agreement be registered.
Enterprise agreements are agreements made at an enterprise level
between employers and employees and their union, about terms and
conditions of employment.
They can also be made by more than one employer, with a group of
employees. Although Awards cover minimum pay and conditions for an
industry, enterprise agreements can cover specific arrangements for a
particular enterprise. An agreement must be approved by and
registered with Fair Work Ombudsman.
7. Outline minimum terms and conditions that must be included in an enterprise

agreement.
An enterprise agreement is an agreement about permitted matters which are:
 terms about the relationship between each employer

and the employees covered by the agreement
 Terms about the relationship between each employer and
any employee organisations (e.g., a trade union) who will
be covered by the agreement
 deductions from wages for any purpose authorised by an employee
covered by the agreement
 how the agreement will operate.
8. Explain the process of performance management and the purpose

of using performance management systems in the workplace.
Performance Management is the term used to describe the process set by

an organization to ensure all employees are aware of the level of
performance expected of them in that role, as well as any individual
objectives they will need to achieve to achieve overall organizational
objectives. The sole purpose of a performance management system is to
assess and ensure that the employee is carrying out their duties which they
are employed to do in an effective and satisfactory manner, which is
contributing to the overall business objectives.
9. Explain two types of performance management systems that can be used at work.
Manager Performance Appraisal

In this type, managers go through the appraisal process. It is the role of the
manager that is very crucial handling both the team and the client. Manager
has to satisfy the clientele without disrupting the (team’s) employee morale.
Most often manager appraisal process involves feedback from the respective
team members and sometimes from the client as well.
Employee Self-Assessment:
The employee assesses himself/herself and it is finally compared with the

manager’s completed assessment results. It is followed by discussions and if
there are differences, manager speaks to the employee about it.
10. In what form must an employer provide an employee with notice of termination.
Written.
11. Under the Fair Work Act, what amount of notice must be given to
employees who have worked for a company for less than one year.
1 week.
12. List two types of employees to whom notice of termination would not need
to be provided.
 are fired because of serious misconduct (e.g., engaging in theft, fraud or
assault)
 have a training arrangement and are employed for a set period
of time or for the length of the training arrangement (other
than an apprentice)
13. Under what circumstances is an employee entitled to redundancy pay.

 An employee is entitled to redundancy pay (subject to the
exceptions set out below) from the employer if the employee
is terminated:
 at the employer’s initiative because they no longer require the
job to be done by the employee or anyone (except where this is
due to the ordinary and customary turnover of labour)
 because of the insolvency or bankruptcy of the employer.
14. Explain at least three circumstances that can constitute unfair dismissal.
 seeking office as, or acting as, a representative of employees
 being absent from work during maternity leave or other parental leave
 temporary absence from work to engage in a voluntary emergency
management activity
15. Which circumstances must apply for the Fair Work Commission to
determine that an employee has been unfairly dismissed?
The Fair Work Commission may consider an employee has been unfairly due to
following reasons:
 discrimination
 a reason that is harsh, unjust or unreasonable
 another protected right.
16. Outline five ways of that staff can develop skills at work
 Identify Priorities
 Coaching & Mentoring
 Cross-Departmental Training
 Conflict Resolution
 Mentoring from supervisor
17. As a manager, list three types of information that you could provide
to staff to help them to develop their knowledge base.
 Internal documents such as newsletters or reports

 Growth Plans
 90-Day Learning Goals
18. List the information that can generally be found in a risk
management plan. Include at least four (4) different types of
information.
Budgeting. Discuss your budget for risk management for the project. Since you may
not know enough to request budget for risk management you can also describe the
process that you will use to determine a risk management budget estimate.
Timing. Defines when the initial risk assessment will be performed, as well as how
often the risk management process will be conducted throughout the project life
cycle. Results should be developed early enough to affect decisions.
Scoring and interpretation. You should define risk scoring and interpretation methods
appropriate for the type of the qualitative and quantitative risk analysis being
performed. Methods and scoring must be determined in advance to ensure
consistency.
Thresholds. The threshold level is how you determine which risks are important
enough to act upon. The project manager, client, and sponsor may have a different
risk threshold. The acceptable threshold forms the target against which the project
team will analyse risks.
19. List four (4) examples of organisational of human support services.
 Fair work commission

 Fair work ombudsman
 Reportcyber
 headspace

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BSBLDR522

Manage People Performance

Student Name Harpinder Singh Kler Student ID Number

Unit Start Date Unit End Date

Assessment Due Date Date Submitted

2. Explain the key provisions of each of the following Acts:

3. Explain the purpose of the National Employment Standards and the 10

When your workplace makes an Enterprise Agreement, these agreements

THE NES 10 MINIMUM ENTITLEMENTS

HOURS OF WORK: 38 hours per work plus reasonable additional hours. An

FLEXIBLE WORK FOR PARENTS: An employee who has caring

PARENTAL LEAVE: An employee is entitled to 12 months unpaid parental

PERSONAL, CARERS, COMPASSIONATE LEAVE: 10 days personal/careers

PUBLIC HOLIDAYS: An employee is entitled to be absent from his/her

TERMINATION OF EMPLOYMENT AND REDUNDANCY: An employer must

INFORMATION STATEMENT: Employers must give all employees on

4. Explain the use of modern awards in workplaces.

b) Legal Services Award 2010

(a) The ordinary hours of work for day workers are to

(b) The ordinary hours of work may be worked on any

(c) The ordinary hours of work are to be worked

(d) Any work performed outside the spread of hours is

6. Outline the purpose of an enterprise agreement and with which entity

7. Outline minimum terms and conditions that must be included in an enterprise

An enterprise agreement is an agreement about permitted matters which are:

 terms about the relationship between each employer

8. Explain the process of performance management and the purpose

Performance Management is the term used to describe the process set by

Manager Performance Appraisal

The employee assesses himself/herself and it is finally compared with the

13. Under what circumstances is an employee entitled to redundancy pay.

 Internal documents such as newsletters or reports

 Fair work commission

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