The Contents Of This Document Are The Property Of Perth Burger Collective And Cannot Be Copied, Released Or Used For Any Purpose Unless Authorized By Directors. All Intellectual And Property Rights Remain With The Property Holders.

 

Commercial and In Confidence

 

 

This policy affirms Perth Burger Collective’s belief in responsible social and ethical behavior from all employees.

This policy clarifies the standards of behaviour that Perth Burger Collective expects from all employees.

This policy is regularly reviewed by Perth Burger Collective, and any necessary changes will be implemented by Management.

Perth Burger Collective expects co-operation from all employees in conducting themselves in a professional, ethical, and socially acceptable manner of the highest standards. Any employee in breach of this policy may be subject to disciplinary action, including termination.

Should an employee have doubts about any aspect of the Code of Conduct, they must seek clarification from Management

 

Code of Conduct

Our Code of Conduct policy applies to all employees and provides the framework of principles for conducting business, dealing with other employees, customers and suppliers. The Code of Conduct does not replace legislation and if any part of it is in conflict, then legislation takes precedence. The policy is based on the following:

·       Act and maintain a high standard of integrity and maintain a harmonious working environment at all times;

·       Be responsible and scrupulous in the proper use of Company information, funds, equipment and facilities;

·       Be considerate and respectful of the environment and others;

·       Exercise fairness, equality, courtesy, consideration and sensitivity in dealing with other employees, customers and suppliers;

·       Avoid apparent conflict of interests, promptly disclosing to a Perth Burger Collective senior manager, any interest than may constitute a conflict of interest;

·       Promote the interests of Perth Burger Collective;

·       Perform duties with skill, honesty, care, diligence and carry out all work to the highest of standards;

·       Abide by policies, procedures and lawful directions that relate to your employment with Perth Burger Collective;

·       Avoid using foul language or engaging in behaviour that offends, harasses, or unfairly discriminates clients, members of the public or staff both in the workplace and outside of the workplace including social media, i.e. Facebook;

·       Be honest, polite, courteous, professional and helpful to other employees, customers and members of the general public at all times;

·       Ensure your actions do not bring Perth Burger Collective into disrepute;

·       Refrain from canvassing for private business during work hours;

·       Only transact and approve expenditure for which you are authorised;

·       Refrain from abusing, defacing or willfully damaging company property;

·       Ensure your appearance is neat, clean and appropriate to the job and that you wear a uniform as required;

·       The use of mobile phones, including and other smart devices is expressly prohibited whilst you are on duty, unless senior management approval has been given.

·       The use of multimedia, including social media, is expressly prohibited while an employee is on duty, unless senior management approval has been given; and

·       Any employee, who in good faith, raises a complaint or discloses an alleged breach of the Code, whilst following correct reporting procedures, will not be disadvantaged, or prejudiced. All reports will be dealt with in a timely and confidential manner.

 

 

Recruitment Policy

Perth Burger Collective recognizes a robust and professional approach to recruitment and selection helps us to attract and appoint individuals with the necessary skills and attributes to fulfil our aims and support our business goals.

All appointments should be made on the principle of merit, compliance with all relevant Federal and State Legislation and adherence to this policy and related processes.

Our recruitment process must also reflect our equal opportunity and diversity policy and ethical values, ensuring there is no discrimination in gender, culture, age, or religious beliefs when new staff are being recruited.

 

Induction Policy

It is Perth Burger Collective policy to make sure all new employees feel ready to start work in a safe, healthy, and welcoming environment. Competence of our workforce is gained through the application of a proper induction process carried out by the Manager.

We believe that customers and the Perth Burger Collective Team are number 1 and this is reflected in our core values.

·       Accountability       Acknowledging and assuming responsibility for one’s actions, products, and                                decisions.

·       Balance-                   Taking a proactive stand to create and maintain a healthy work-life balance                                     for all staff.

·       Commitment-        Committing to providing a great product, great service and to be the best.

·       Diversity-                 Recognising and respecting diversity, showing dignity and respect to all.

·       Empowerment      Encouraging and applauding examples of initiative.

·       Integrity-                 Acting with honesty and honour without compromising the truth

·       Ownership-             Taking care of the company and customers as they were one’s own

·       Safety-                      Ensuring the health and safety of employees and providing an accident free                                  workplace.

·       Have fun                  Take time to play

 

New Employee Probation Policy

All??? new full-time employees at Perth Burger Collective must complete a three-month??? probationary period.

This is a time for both the employee and Perth Burger Collective to assess suitability for the position, capabilities, and competency within the role.

During the three-month period, a new employee’s performance will be monitored and at the end of the period employment will be confirmed or if Management has concerns about the suitability of the new employee, a further three months’ probation may be offered??.

 

Equal Employment Opportunity & Diversity

Western Australia has an increasingly diverse population, which is reflected in our workplace.

Perth Burger Collective believes that the wide array of perspectives that results from such diversity promotes innovation and business success.

Managing equal opportunity and diversity will allow us to be more creative, flexible, productive, and competitive in the long-term.

It is of paramount importance that Perth Burger Collective’s workplace and services are developed and delivered by people who understand and are sensitive to the gender, cultural and linguistic differences of our employees, members, suppliers and other stakeholders and who will enhance the performance of the business as both an employee and a service provider.

Equal Opportunity and Diversity is at the heart of what and who we are and as a company, which values equal opportunities and diversity we therefore need to focus on driving high performance and capability around this and not on discrimination.

Perth Burger Collective also believes in treating all people with respect and dignity. We strive to create and foster a supportive and understanding environment in which all individuals can realise their maximum potential within the company, regardless of their differences.

An equal opportunity workplace is a workplace where all employees:

·       Have equal access to jobs opportunities and careers based on their knowledge and skills;

·       Are diverse in their attributes;

·       Are treated with dignity and respect; and

·       Are free from discrimination;

It is the intent of this policy that all Perth Burger Collective employees will acknowledge, accept, and accommodate the differences of their colleagues, customers, and all other stakeholders regardless of their attributes.

Employees will be selected or promoted according to merit with major importance being placed on the expected future performance of the employee, irrespective of personal attributes.

This policy applies to the advertising of positions, recruitment and appointments, training, conditions of work, pay and every other aspect of employment. The policy also applies equally to the treatment of our members and other stakeholders.

Equal Opportunity and Diversity is not just about increasing visible differences in the workforce; it is about the strategic advantages that come from incorporating a wide variety of approaches and perspectives.

Managing diversity is about creating an environment in which everyone can achieve his or her full potential. Employees are happier and more productive if they are appreciated and included, not assimilated or tolerated.

Any person found in breach of this policy could face disciplinary action which could lead to dismissal.

 

Discrimination, Sexual Harassment and Bullying Policy

Perth Burger Collective is committed to providing a workplace free from discrimination, sexual harassment, and bullying. Behavior that constitutes discrimination, sexual harassment or bullying will not be tolerated and will lead to actions being taken, which may include dismissal.

For the purposes of this policy, the following definitions apply:

·       Direct Discrimination occurs when someone is treated unfavorably because of a personal characteristic that is protected under Western Australian law.

·       Indirect Discrimination occurs when a rule seems neutral but has a discriminatory impact on certain people. For example, a minimum height requirement of 6 foot for a particular job might be applied equally to men and women, but would indirectly discriminate on the basis of sex, as women tend to be shorter than men.

·       Sexual Harassment includes unwelcome conduct of a sexual nature in circumstances in which it could reasonably be expected to make a person feel offended, humiliated, or intimidated a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated, or intimidated.

·       Workplace Bullying may include behavior that is directed toward an employee, or a group of employees, that creates a risk to health and safety e.g. physical and/or verbal abuse, excluding or isolating individuals; or giving impossible tasks.

Perth Burger Collective provides equal opportunity in employment to people without discrimination based on personal characteristic protected under state and federal equal opportunity legislation.

Under State legislation they include

·       Age

·       Breastfeeding

·       Carer status

·       Disability

·       Employment activity

·       Gender identity

·       Industrial activity

·       Lawful sexual activity

·       Marital status

·       Parental status

·       Personal association with someone having any of these characteristics

·       Physical features

·       Political activity/belief

·       Pregnancy

·       Race

·       Religious activity/belief

·       Sex

·       Sexual orientation

Any employee found to have contravened this policy will be subject to disciplinary action, which may include dismissal as outlined in the complaint procedure below.

All Perth Burger Collective employees are obliged to report any behavior that constitutes sexual harassment, bullying or discrimination to their manager or a supervisor on duty. It is our policy that all employees have the right to work in an environment free from any type of illegal discrimination, including sexual harassment. Employees will not be victimized or treated unfairly for raising an issue or making a complaint

Reasonable Adjustments – Disability

Reasonable adjustments are changes allowing people with a disability to work safely and productively. Perth Burger Collective will make reasonable adjustments for an employee if there is a genuine and reasonable requirement necessary for an employee to perform their job. Perth Burger Collective will weigh up the need for change against the expense or effort involved in making it. If making the adjustment means a very high cost or great disruption to the workplace, it is not likely to be deemed a reasonable request.

In some cases, Perth Burger Collective can discriminate on the basis of disability if

·       The adjustment needed are not reasonable or feasible.

·       The person with the disability could not perform the genuine and reasonable requirements of the job even if the adjustments were made.

Sexual Harassment

Sexual harassment is defined as

·       Making unwelcome sexual advances or making requests for sexual favours a condition of employment.

·       Basing an employment decision upon acceptance or rejection by and employee of unwelcome sexual advances, requests for sexual favour's or verbal or physical contact of a sexual nature.

·       Creating and intimidating, hostile or offensive working environment or atmosphere either by:

                                      I.               Verbal actions, including calling employees by terms of endearment; using vulgar, ‘kidding’, or demeaning language

                                    II.                Physical conduct which interferes with employees work performance

We at Perth Burger Collective encourage healthy friendships among its employees however, employees, especially management and supervisory employee, must be sensitive to acts of conduct which may be considered offensive by fellow employees and must refrain from engaging in such conduct.

It is also expressly prohibited for an employee to retaliate against a fellow employee who may have brought a sexual harassment charge or who assists in investigating charges. Retaliation is a violation of this policy and may result in disciplinary action, up to and including termination.

No employee will be discriminated against or discharged because of bringing or assisting in, the investigation of a complaint of sexual harassment.

 

Conflict of Interest Policy

Conflict of interest arises whenever the personal, professional, or business interests of an employee are potentially at odds with the best interests of Perth Burger Collective. All employees are required to act in good faith towards Perth Burger Collective. Employees need to be aware of the potential for a conflict of interest to arise and should always act in the best interests of Perth Burger Collective.

As individuals, employees may have interests that from time to time, conflict, or appear to conflict, with their employment with Perth Burger Collective. Employees should aim to avoid being put in a situation where there may be a conflict between the interests of Perth Burger Collective and their own personal and professional interests, or those of relatives or friends. Where such conflict occurs (or is perceived to occur), the interests of Perth Burger Collective will be balanced against the interests of the staff member and, unless exceptional circumstances exist, resolved in favour of Perth Burger Collective.

It is impossible to define all potential areas of conflict of interest. If an employee is in doubt if a conflict exists, they should raise the matter with their manager.

Employees must:

·       Declare any potential, actual or perceived conflicts of interest that exist on becoming employed by Perth Burger Collective to management.

·       Avoid being placed in a situation where there is potential, actual or perceived conflict of interest if at all possible.

If an employee declares such an interest, Perth Burger Collective will review the potential areas of conflict with the employee and mutually agree on practical arrangements to resolve the situation. If a resolution can’t be reached, Perth Burger Collective reserves the right to terminate employment.

Employees must disclose any other employment that might cause a conflict of interest with Perth Burger Collective to their manager. Where there are external involvements that do not represent a conflict of interest, these must not affect performance or attendance whilst working at Perth Burger Collective. If such involvement does affect performance or attendance it will be considered a conflict of interest.

Engaging in other business interests during work hours will result in a strong performance improvement action.

Failure to declare a potential, actual or perceived conflict of interest or to take remedial action agreed with Perth Burger Collective, in a timely manner, may result in performance improvement proceedings including dismissal.

 

Dress Code Policy

Purpose

Perth Burger Collective’s objective in establishing a safe and comfortable environment includes setting some standards for workplace dress code. This is to enable all people to project a professional image that is in keeping with standards of Perth Burger Collective.

Front of House

Front of house employees are expected to dress professionally during work hours. All employees must wear a bandana issued by Perth Burger Collective with the exception of the manager and supervisors. Tops must be plain black (no patterns). Bottoms, either pants, or skirts or conservative length shorts must be black or black denim. Active Wear is not permitted.

Non-slip shoes are compulsory and must have enclosed toes and non-slip and rubber soles. PLEASE CHECK THAT YOUR SHOES ARE NON-SLIP. Failure to wear no- slip shoes will result in you being sent home. Staff must be well presented with long hair tied back at all times. Facial hair must be neat and presentable and must be covered by a ‘beard mask’. Moderate piercings and tattoos are acceptable, if approved of by management.

Kitchen

Chef jackets, black or white, must be worn, along with checkered or black pants. Aprons are optional. All clothing must be clean and neat at the commencement of your shift. Non-slip, enclosed shoes are a safety requirement. All kitchen employees must wear a Perth Burger Collective branded bandana or other approved headwear, showing the Perth Burger Collective branding. Hair that is long enough must be tied back. Long Beards must be covered by a ‘beard mask’.

Kitchen hands/ Kitchen Attendants

Tops must be black. Bottoms should fall below the knee. Non-slip, enclosed toe shoes are a compulsory. There is a protective, waterproof apron in the staff lockers for those who wish to wear it.

Prohibited Clothing

Employees should not wear ripped clothing of any kind, coloured clothing other than black, low cut or see through tops, or short shorts, track pants or opened toed shoes. You will be asked to return home to change.

Supply and Purchasing

Employees will be supplied with their mandatory uniform (bandana) upon commencement of work.

Maintenance

All clothing worn should be clean and neatly pressed at all times. We advise that a pre wash soaker be used to keep your bandana looking clean and bright.

 

Communication & Social Media Policy

Perth Burger Collective uses a variety of ways to communicate with our staff and our customers.

Landline Telephone (08) 9404 5496

The Perth Burger CollectivePerth Burger Collective landline is used only for incoming calls only.

Outgoing calls must be made on management mobiles:

·       Dani                           ???????????

·       Taylor                        0421 460 388

·       Beth                           0414 277 080

If you need to make a call out, please ask to use one of the mobiles listed above.

Internal Internet Policy

Perth Burger Collective’s internet service provides our EFTPOS and our CCTV, as well as limited customer use. It is NOT for staff use under any circumstances. Any staff found using the Perth Burger CollectivePerth Burger Collecitve Internet service may find their employment terminated. If a customer requests the password for access onto the net, ask a supervisor for the password. This password is changed weekly.

Facebook Policy/Social Media Policy

Perth Burger Collective has a closed group on Facebook. We find that our Facebook group is the easiest, most direct way to contact as many staff as possible, as quickly as possible. We also post rosters on our Facebook site. As a member of our staff you will be required to keep updated with all postings. You can choose to:

·       Use your personal Facebook account

·       Create an account specifically for our Facebook group

·       Check in via the Perth Burger Collective mobile.

If you need assistance with any of these options, ask a supervisor. Whatever method you choose, the most important thing is that by the commencement of your shift, you are current with the latest posting.

When you have seen a post, you MUST please click the ‘like button’ or leave a comment to acknowledge you have read the post. Failure to do so can lead us to assume that you have not read the post.

Our Facebook group is for all staff to post. It is used to put comments, requests, leave messages, pass on compliments, and advise of something missed, advise lost property, required shopping items or booking requests. Negative comments about specific staff should be left to discuss with management confidentially.

Additionally, you are prohibited from sharing any confidential or protected information that belongs to or is about Perth Burger Collective. You are strongly encouraged not to share disparaging information that places Perth Burger Collective or its or co-workers in an unfavorable light. Perth Burger Collective’s reputation and brand should be protected by all employees and personal information or discussion about the lives and actions of your co-workers should never be shared online.

In social media, participation from work devices or during working hours,  social media content that discriminates against any protected classification including age, race, color, religion, sex, national origin, disability, or genetic information is prohibited. It is our company  policy to also recognize  sexual preference and weight as qualifying for discrimination protection. Any employee, who participates in social media,  who violates this policy   will be dealt with in accordance with the Perth Burger Collective Disciplinary Policy, which could lead to dismissal. Failure to follow the above could have legal implications.

Personal Communication Policy

Perth Burger Collective understands that the relationship of our employees to an online world that you spend time in 24/7 can lead to the blurring of work  time and off work time. We strongly encourage you to limit the use of social media to work-related content and outreach during attendance in the workplace i.e. lunch and mid shift break.

Unless otherwise authorised, employees may only use personal mobile phones for an emergency. The use of a personal mobile phone while at work may present a hazard or distraction to the user, to co-employees and/or our clients. This policy is meant to ensure that phone use while at work is both safe and does not disrupt business operations If there is a particular reason for you to have access to your mobile during service during a shift, please request permission from the supervisor.

Text messages are an inappropriate means of passing on all information. Non-attendance or sick leave should be reported by telephone to your supervisor. Telephone calls are the expected standard communication in all situations.

 

Training and Development Policy

Perth Burger Collective will give employees adequate training to do their jobs safely and competently. Our business believes training is a two-way process. We encourage employees to participate and to highlight any gaps in their own skills or knowledge that they believe they have.

Training includes internal on the job training, written instructions such as standard operating procedures, coaching, external training and courses.

Perth Burger Collective also provides various training opportunities, and we encourage our employees to invest in their own professional development.

 

Visa and Work Permits Policy

It is the responsibility of Perth Burger Collective to employ legal workers. Legal workers are Australian citizens, permanent residents and non-citizens with Australian visas that allow them to work.

Since 2007 it has been a criminal offence under the Migration Act to employ or refer a person who is not allowed to work in Australia.

New penalties effectinve from 1 June 2013 apply where a person or business employs, refers or contracts an illegal worker. The government’s focus is to effectively respond to the few businesses that willfully take part in illegal work – not to penalize businesses, which act in good faith.

The Migration Act 1958 and Migration Regulations 1994 prescribe certain actions, which are steps businesses can take to confirm that non-citizens are allowed to work. In addition to this, the government only expects businesses to take reasonable steps, at reasonable times, to confirm that a non-citizen is allowed to work

Perth Burger Collective requires evidence from all employees holding an unrestricted right to work in Australia.

This evidence will be in the form of an Australian citizenship, a valid working visa or permanent residence.

Perth Burger Collective will use the Visa Entitlement Verification Online (VEVO) service to check that a non-citizen holds a valid visa that allows them to work.

No proof of Visa

Occasionally a person may not be able to readily produce documents that indicate their Australian citizenship or permanent residence and their unrestricted entitlement to work in Australia. If this is the case and the business has no reason to believe the person is not an Australian citizen or permanent resident, ascertaining the following information about a worker would generally be accepted by the department as being reasonable and sufficient.

If the worker:

·       Has been an employee for five or more years

·       Provides information they were born here and lived in Australia until they were at least 10 years old

·       Provides information that their primary or secondary education was in Australia

·       The employer has personal knowledge that the person has lived in Australia long term (10 years or more).

 

Leave Policy

Perth Burger Collective recognizes the value of an effective break from the working environment. Time away from the workplace to recharge and relax is encouraged and we are committed to ensuring that annual leave is taken by our employees to provide this. All permanent and full-time employees are entitled to leave in accordance with the Fast Food Industry Award 2010 (MA000003). Where the entitlements in this document may conflict the award entitlement, the award will take precedence.

In instances where an employee cannot anticipate their absence in advance, their Manager/Supervisor must be informed, in writing, as soon as reasonably possible and appropriate steps taken to cover your absence.

Annual Leave

Annual leave can be taken at such time as may be agreed between the employee and Perth Burger Collective, and, is subject to the operations of the Perth Burger Collective. Accrued annual leave may be taken prior to completing the first year of service with approval.

Full time permanent employees are entitled to 20 days paid annual leave for each completed year of service. It is calculated on a pro-rata basis at the rate of 0.07692 hours per ordinary hour of service to a maximum of four (4) weeks per annum, in accordance with the Restaurant Industry Award 2010, and accrues progressively during each year of service according to individual’s ordinary hours of work.

Part time permanent employees accrue annual leave on a pro rata basis, according to the number of ordinary hours worked.

Casual employees are not entitled to paid annual leave, instead their annual leave entitlement is included as a loading in their hourly rate.

Annual leave accumulates year to year and any unused annual leave will carry forward to the following year. It continues to accrue when an employee takes a period of paid annual leave or paid personal/carers leave it does not however accrue on unpaid leave.

If an employee does not have enough annual leave to cover the full length of their holiday, they will need to go on a period of unpaid leave which must be agreed by the Directors, prior to any leave being taken.

Employees will be expected to take accrued annual leave for any business close down periods.

If insufficient leave is accrued, Perth Burger Collective may direct an employee to take unpaid leave. If this arises, the employee will receive at least four weeks' notice.

An employee will be paid annual leave at their base rate of pay for their ordinary hours of work during the period of leave, plus 17.5% leave loading.

In some cases, if you do not have sufficient accrued leave, leave in advance may be approved.  This is conditional upon the employee agreeing to Perth Burger Collective deducting any advance in the event of termination, from their final pay, or to the employee accepting leave without pay.

If a public holiday falls whilst an employee is on annual leave, no deduction will be made from the employee’s accrued annual leave balance in relation to that public holiday.

Upon termination of employment, payment for any unused leave accrued will be paid out.

 

Excessive Leave Accruals

An employee has an excessive leave accrual if the employee has accrued more than eight (8) weeks paid annual leave.

Before Perth Burger Collective can direct that leave be taken a meeting will be held with the employee to try to agree upon steps that will be taken to reduce or eliminate the employee’s excessive leave accrual. If agreement is not reached Perth Burger Collective may give a written direction to the employee to take a period or periods of paid annual leave. The direction must state that it is a direction given under the relevant award and will not

·       Result in the employee’s remaining accrued entitlement to paid annual leave at any time

Being less than six (6) weeks (taking into account all other paid annual leave that has been agreed, that the employee has been directed to take or that the employee has given

notice to take)

·       Require the employee to take any period of leave of less than one (1) week;

·       Require the employee to take any period of leave commencing less than eight (8) weeks after the day the direction is given to the employee;

·       Require the employee to take any period of leave commencing more than 12 months after the day the direction is given to the employee; or

·       Be inconsistent with any leave arrangement agreed between the employer and employee cashing out of annual leave

Perth Burger Collective and an employee may agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave provided that the following requirements are met:

·       Each cashing out of a particular amount of accrued paid annual leave must be by a separate agreement between the employer and the employee which must:

·       Be in writing and retained as an employee record;

·       State the amount of accrued leave to be cashed out and the payment to be made to the employee;

·       State the date on which the payment is to be made;

·       Be signed by the employer and employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

·       The employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave at the time that it is cashed out.

Paid annual leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid annual leave being less than four weeks and employees may not cash out more than two (2) weeks accrued annual leave in any 12 month period.

Note 1: Under  section 344 of the Fair Work Act an employer must not exert undue influence or undue pressure on an employee to make, or not make an agreement under clause  35.8.

 

·        

Personal/Carer’s Leave

Sick and carer's leave, (also known as personal leave) lets an employee take time off to help them recover from personal illness, caring responsibilities and family emergencies. All full and part time employees can take paid sick leave when they can’t work because of personal illness or injury. This can include stress and pregnancy related illnesses.

If an employee experiences extended illness due to pregnancy, unpaid 'special maternity leave' can be accessed for the period a treating doctor certifies is necessary. Special maternity leave is included in the 52 weeks available unpaid parental leave period (see section on parental/maternity leave). Casual employees are not entitled to paid sick or carer’s leave.

An employee may be required to take time off to care for an immediate family or household member who is sick or injured or help in an unexpected family emergency. This is known as carer’s leave but comes out of the employee’s personal leave balance.

Full time employees are entitled to ten (10) days paid personal leave per year. Part time employees are entitled to ten (10) days each year pro rata (depending on their hours of work).

This is cumulative and starts to build up from an employee’s first day of work and is based on the number of hours worked. Any unused personal leave will carry forward to the following year. Personal leave continues to accumulate when an employee is on paid leave such as paid annual leave or paid sick leave. It does not accumulate on periods of unpaid leave.

Immediate family members or household members include

·       A household member is any person who lives with the employee

·       Spouse

·       De facto partner

·       Child

·       Parent

·       Grandparent

·       Grandchild

·       Sibling

·       Child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner

In the event that your entitlement to personal/carers leave has been exhausted, you will be entitled to two (2) days unpaid personal/carers leave for each occasion a member of your immediate family or member of your household needs care or support. You may be required to provide satisfactory evidence in order for unpaid personal/carers leave to be approved

Casual employees Unpaid Personal/Carer’s Leave

A casual employee will be entitled to two (2) days unpaid personal/carer’s leave for each occasion a member of your immediate family or a member of your household requires care or support. You may be required to provide satisfactory evidence in order for unpaid personal/carer’s leave to be approved.

 

 

Annual Leave requested to be taken in advance

·       Perth Burger Collective and an employee may agree to the employee taking a period of paid annual leave in advance of the employee accruing an entitlement to such leave provided that the agreement meets the following requirements; it is in writing and signed by the employee and employer and if the employee is under 18 years of age, by the employee’s parent or guardian;

·       It states the amount of leave to be taken in advance and the date on which the leave is to commence;

·       It is retained as an employee record; and

·       If the employee’s employment is terminated before they have accrued all of the entitlement to paid annual leave which they have taken then the employer may deduct an amount equal to the difference between the employee’s accrued annual leave entitlement and the leave taken in advance, from any monies due to the employee on termination.

Compassionate Leave

Full time and part time permanent employees are entitled to 2 days paid compassionate leave (also known as bereavement leave). Casual workers are entitled to 2 days unpaid compassionate leave.

Compassionate leave can be taken when a member of an employee's immediate family or household:

·       dies or

·       suffers a life-threatening illness or injury.

The employee will be entitled to two (2) days paid compassionate leave per occasion for the purpose of spending time with a member of your immediate family or a member of your household who:

·       Contracts or develops a personal illness that poses a serious threat to his or her life; or

·       Sustains a personal injury that poses a serious threat to his or her life; or after the death of a member of your immediate family or member of your household.

Immediate family is an employee's:

·       A household member is any person who lives with the employee

·       Spouse

·       De facto partner

·       Child

·       Parent

·       Grandparent

·       Grandchild

·       Sibling,

·       Child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner.

Employees will be able to take compassionate leave for other relatives (e.g. cousins, aunts and uncles), if they are a member of the employee’s household.

An employee does not accumulate compassionate leave. It can be taken any time an employee needs it, under the above guidelines.

Full and part time employees are paid at their base rate for the ordinary hours they would have worked during the leave. This does not include separate entitlements such as incentive based payments, bonuses, loading, monetary allowances, overtime or penalty rates

If an employee is already on another type of leave (e.g. annual leave) and needs to take compassionate leave, the employee can use compassionate leave instead of the other leave.

Please note: Compassionate leave is not cashed out on termination

Unpaid Maternity/Parental Leave

Employees are entitled to up to 52 consecutive weeks of unpaid parental leave when a child is born or adopted. Parental leave is accessible if an employee has responsibility for the care of the child and has completed at least 12 months continuous service with Perth Burger Collective prior:

·       to the date or expected date of birth if the employee is pregnant.

·       to the date of adoption

·       to the leave commencing

Leave entitlements include

·       Maternity leave

·       Paternity and partner leave

·       Adoption leave

·       Special maternity leave

·       A safe job and no safe job leave

·       A right to return to old job

This leave can be taken when:

·       An employee gives birth

·       An employee’s spouse or de facto partner gives birth.

·       An employee adopts a child under 16 years of age, who is not the child or step child of the employee or their partner and has not lived continuously with the employee for six (6) months or longer

·       The employee has or will have responsibility for the care of the child.

Generally, only the parent with responsibility for the care and welfare of the child is entitled to take unpaid parental leave. However, up to three weeks unpaid parental leave may be taken at the same time by both members of an

employee couple, with the period of concurrent leave starting on the day of the birth (unless the manager agrees to other arrangements).

Employees who are taking parental leave to care for an adopted child are also entitled to two (2) days unpaid pre-adoption leave to attend relevant interview or examinations. Because Perth Burger Collective recognises

that the timing of placement for an adopted child may be uncertain, employees should keep their manager informed of any changes to the likely placement date and commencement of leave.

In addition to unpaid parental leave, employees may be eligible for the Commonwealth Government’s paid parental leave scheme. The Commonwealth’s paid parental leave scheme is in addition to and does not affect an employee’s entitlement to unpaid parental leave.

 

During parental leave

Even though the employee is on leave, they will continue to be protected against discrimination as an employee.

Perth Burger Collective respects that some employees do not want any contact while on leave, and others do. The manager should discuss with the employee what sort of communication the employee would like while on leave and record this agreement.

While an employee is on unpaid parental leave, Perth Burger Collective will ensure that the employee is considered and kept informed of significant changes that may occur in the business.

Where a decision will have a significant effect on the status, pay or location of the pre-parental leave position, Perth Burger Collective will take all reasonable steps to inform the employee and discuss the effect of the decision. During any restructures, employees on parental leave will be treated no less favourably than other employees and will be kept informed of the process.

If an employee has applied for less than 52 weeks unpaid parental leave, they can extend the period of leave once to take the total leave up to a maximum of 52 weeks. The employee must give at least four (4) weeks’ notice prior to the end date of the original leave period. A period of unpaid parental leave may be reduced by agreement between Perth Burger Collective and the employee.

An employee can resign while on parental leave but they must give the required notice of resignation as set out in Restaurant Industry Award 2010.

Employees should not undertake any activity during leave which is inconsistent with the employment contract, including other employment and they should remain responsible for the care of the child.

The employee’s position may be filled on a temporary basis while they are on leave. Perth Burger Collective will notify the replacement employee that their employment in this role is temporary and that the pregnant employee has the right to return to the position.

Time off for antenatal appointments, adoption interviews or examinations

Personal leave may be available for attendance at medical appointments. Appointment times and the availability of leave should be discussed with the manager.

An employee may take up to two days unpaid pre- adoption leave. Employees must provide notice of the leave including expected leave period as soon as practicable (which may be after the leave has started).

If an employee requires more than two days pre-adoption leave, they should discuss their requirements with their manager.

Casual Employee’s

For casual employees to be eligible for unpaid parental leave they need to have

·       Been working for Perth Burger Collective on a regular and systematic basis for at least 12 months

·       A reasonable expectation of continuing work with Perth Burger Collective.

Employees who have taken parental leave don’t have to work for another 12 months before they can take another period of parental leave

 

Paid parental leave

In addition to unpaid parental leave, employees may be eligible for the Commonwealth Government’s paid parental leave scheme. The Commonwealth’s paid parental leave scheme is in addition to and does not affect an employee’s entitlement to unpaid parental leave.

Long Service Leave

Long service leave is an additional paid leave entitlement for employees who have worked in a business for a long period of time. Full time, part time and casual employees are entitled to long service leave.

·       Employees are entitled to take 8.667 weeks of paid leave after ten (10) years of continuous service. For every five (5) years of continuous service after the initial ten (10) years, employees are entitled to another 4.334 weeks of paid leave. LSL is paid out at the employee’s ordinary rate of pay.

·       Employees are entitled to a proportionate entitlement on termination after seven (7) years of continuous service.

·       If you resign, are  dismissed (except for serious misconduct) or made redundant, you are entitled to be paid  out long service leave if you  have worked continuously with the business (even if there have been different owners) for at least 7 years. If you have between 7 and 10 years’ service the long service leave payment owed to you is worked out on a pro-rata basis for the entire period of employment, including years, months and days. If you leave after working 10 or more years, your payment is worked out on completed years of service only.

·       Long service leave is calculated on time worked with a business (even if there have been different owners), including all annual leave and public holidays, sick leave of up to 15 days per year, and leave for defence force duties. Any time spent on long service leave also counts towards the next entitlement.

·       Any period of leave without pay, such as unpaid parental leave does not count as service when calculating long service leave but does not break the service.

Casual Employee’s

Casual employees are also entitled to long service leave if they have worked continuously for Perth Burger Collective for the required amount of time. Your employer will need to average out the hours you have worked per week for the entire duration of your employment to calculate your entitlement.

Notice Period to take long service leave

·       Once you have been entitled to long service leave for more than 12 months you are required to give your employer two weeks’ notice before you take long service leave.

·       If you have not been entitled to your long service leave for more than 12 months you need to enter into an agreement with your employer regarding a suitable time for you to take long service leave.

Payment for Long Service Leave

·       Employee’s will be paid their ordinary rate of pay when on long service leave, excluding any shift or overtime payments, penalty rates or allowances.

·       A part-time or casual employee will be entitled to their ordinary rate of pay for the average number of hours worked over the period of employment.

·       Pay can be given in advance for long service leave however this must be requested in writing.

·       Long service leave can be cashed out. A written agreement can be entered into to trade some or all of your long service leave for another benefit (to the value of your long service leave)

·       Long service leave can be taken in one block, as several blocks of leave or 1 week at a time.

·       If a public holiday that you would normally get falls during a period of long service leave, the period of long service leave is increased by one day.

·       An employee can request to take long service leave early and if agreed a written agreement will be entered into. If you enter into this agreement, the employee will not be entitled to any additional long service leave until they have accrued back the amount you were given in advance. However, if the employ leaves before they have accrued back their long service leave, Perth Burger Collective is entitled to deduct the outstanding leave from the employee’s final pay.

Community Service Leave

An employee, including casual employees’, who engages in an eligible community service activity are entitled to be absent from his or her employment if the period consists of one or more of the following:

·       Time when the employee engages in the activity;

·       Reasonable travelling time associated with the activity;

·       Reasonable rest time immediately following the activity; and/or

·       Unless the activity is jury service – the employee’s absence is reasonable in all the circumstances.

·       Jury service (including attendance for the purpose of jury selection)

·       Carrying out a voluntary emergency management activity within the meaning of the Fair Work Act 2009 or its regulations.

With the exception of jury duty, community service leave is unpaid. There is no limit to the amount of community service leave an employee can take.

Eligible community service activity includes:

·       Jury service (including attendance for the purpose of jury selection); and

·       Carrying out a voluntary emergency management activity within the meaning of the Fair Work Act 2009 or its Regulations.

 

Public Holidays and Time in Lieu

Under the Fast Food Industry Award 2010 (MA000003), all salaried full-time staff are entitled to a day in lieu for public holidays’, as follows, to ensure that everyone who is entitled, gets a 3 day break.

Entitlements are shown in the following table:

PUBLIC HOLIDAY’S AND DAY’S IN LIEU FOR FULL TIME STAFF
If the public holiday falls on a staff member’s usual working day but the staff member has the day off	Usual paid day (No extra day in lieu given as they have already had a paid day off)
If the public holiday falls on the staff member’s usual day off	Entitled to a day in lieu
If day is worked, regardless of whether it is the staff member’s usual working day.	Entitled to a day in lieu

 

When staff members are owed time; such as an extra day for working extra hours, or time in lieu for working on a public holiday, or for working on a public holiday which falls on their day off during the week; they have to complete a Leave form.

According to the Fast Food industry Award 2010 (MA000003), owed time in lieu must be taken either

·       During the week of the public holiday, or

·       Within 28 days of the public holiday

 

 

Pregnancy while at work Policy

 

Advising of pregnancy

Perth Burger Collective encourages employees to inform their manager of their pregnancy as soon as possible. However, we respect that an employee may not wish to advise us of her pregnancy earlier than the minimum notice period. We also respect an employee’s wishes regarding when it is appropriate to tell colleagues about the pregnancy.

 

See the Parental leave policy about requirements for taking unpaid parental leave, including notice periods.

 

Harassment while pregnant

Perth Burger Collective is committed to ensuring the safety of pregnant employees and considers harassment, bullying and discrimination to be unacceptable behavior.

(See the Equal Employment Opportunity policy for our general policy and procedure on harassment, bullying and discrimination.)

 

Safety at work

Perth Burger Collective understands pregnancy to be a healthy and normal process and recognizes that women have different experiences. When an employee notifies her manager that she is pregnant, the manager will ask the employee to let them know if they experience any changes to their work capacity during the pregnancy. The employee and her manager will then discuss what is needed to keep the employee safe at work and adjustments will be made accordingly where possible.

 

Working until the birth

A pregnant employee may work until the expected date of birth of her child. If she wishes to continue working in the last six weeks of her pregnancy she may be requested to provide a medical certificate within seven days confirming she is fit to work.

 

If the medical certificate indicates the employee is not fit for work, she may be required to start parental leave or take a period of unpaid leave as soon as practicable. (See the Parental leave policy.)

 

Return to work

If the employee has agreed to contact during leave, then towards the end of the leave period, the manager should confirm the employee’s intention to return on the agreed date.

 

An employee must provide four weeks’ notice if they want to extend their leave beyond the return date that was initially advised.

 

The employee on parental leave has the right to return to the job they held prior to going on leave, including any promotion. If that position no longer exists, the employee will be given whichever other available position is nearest in status and remuneration to the position they held prior to going on leave.

Occupational Health and Safety Policy

Over the course of your probation period, it is expected that you read and familiarise yourself with this and all of Perth Burger Collective’s policies. This should be completed prior to your being signed off from your probation period.

Perth Burger Collective is committed to Occupational Health & Safety and to provide a safe working environment to all employees, contractors, visitors and members of the public. You have a legal obligation under the Occupational Safety and Health Act 1984 to take reasonable care of your own safety and health at work and to avoid adversely affecting the safety and health of other employees through any act or omission. Any hazards, equipment failures, accidents, injuries and near misses must be reported to your supervisor immediately.

To do this Perth Burger Collective will

·       Develop and maintain safe systems of work, and a safe working environment;

·       Consult with employees and health and safety reps on safety;

·       Provide protective clothing and equipment, and enforce its use;

·       Provide information and training for employees;

·       Assess all risks before work starts on new areas of operation, for example, buying new equipment and setting up new work methods, and regularly review these risks;

·       Remove unacceptable risks to safety; and

·       Provide employees and contractors with adequate facilities (such as clean toilets, cool and clean drinking water, and hygienic eating areas).

Ultimately, everyone at the workplace is responsible for ensuring health and safety at that workplace.

All persons responsible for the work activities of other employees are accountable for:

·       Identifying practices and conditions that could injure employees, members of the public or the environment;

·       Controlling such situations or removing the risk to safety. If unable to control such practices and conditions, report these to their manager;

·       Making sure workers use personal protective equipment (PPE), training workers to use PPE correctly; and

·       Making sure PPE is maintained and working properly.

Perth Burger Collective demands positive, proactive attitudes and performances with respect to protecting health, safety and the environment by all employees, irrespective of their position.

Manual Handling Policy

It is Perth Burger Collective’s policy to provide all employees with a safe and healthy workplace by identifying, assessing and controlling manual handling risks. While management is responsible for the health, safety and welfare of all staff, employees’ also have a duty to report potential and actual manual handling hazards.

Under the Occupational Safety and Health Act 1984 (the Act), It is Perth Burger Collective's responsibility to

·       Identify each hazard to which a person is likely to be exposed

·       Assess the risk of injury or harm to a person resulting from each hazard

·       Consider the means by which that risk may be reduced; and

·       reduce the risk

Manual tasks are part of almost everything we do, and they play a role in everyone’s job. Manual tasks cover any activity that involves lifting, pushing, pulling, carrying, or moving, holding or restraining, chopping. It can also include sustained and awkward postures and repetitive movements, and in Perth Burger Collective, there are lots of things that we do during the working day that involve these manual tasks. Injuries can be caused by more than just lifting.   

Employees have a responsibility under the Act to take reasonable care to ensure his or her own safety and health at work and to avoid adversely affecting the safety or health of their colleagues.

Employees are encouraged to report any musculoskeletal signs or symptoms to management as soon as they start to suffer so a risk assessment can be conducted. These would include discomfort, pain, numbness, tingling or weakness. Employees also have a duty to report all hazards or risks they become aware of during the course of their working day to management. By reporting symptoms, hazards and risks early on the risk to the employee/employees can be assessed and managed before an accident or injury occurs or a physical condition becomes aggravated.

Injury Management Policy

Perth Burger Collective is committed to preventing injury or illness by providing a safe and healthy work environment. In the event of a work-related injury or illness, the company will actively support and facilitate the employee’s recovery.

Our Commitment:

Our primary goal is to restore the employee to their pre-injury status in a safe and timely manner. In order to achieve this goal, a coordinated injury management program will be provided. Our aim will be to return the employee to their pre-injury duties and to minimise the social and economic effect of the work-related injury or illness.

Perth Burger Collective is committed to:

• Ensuring injured or ill employees are treated in a fair and equitable manner where their rights, welfare, and privacy are preserved and respected;
• Ensuring an early intervention approach is undertaken to minimise the effects of injury or illness;
• The process and merits of occupational rehabilitation and work attendance, and therefore ensuring that an early return to work is the normal practice and expectation;
• The engagement of skilled and credentialed medical and rehabilitation service providers;
• Consulting with employees, and where applicable employee representatives, to ensure the injury management program works effectively and efficiently;
• Ensuring participation in a rehabilitation program will not, of itself, prejudice an injured or ill employee; and
• Where and when appropriate, supporting the redeployment of injured or ill employees to alternative employment.

 

Smoking Policy

Perth Burger Collective has a non-smoking policy. Smoking is not permitted on Perth Burger Collective property at any time. Smokers who need to take breaks should do so in their allotted breaks. These breaks must not be taken at any of the entrances to Perth Burger Collective. We kindly ask that you walk across the street, away from view of our customers (also please do not stand at the entrance to the businesses next door). You are required to remove your bandana if you are smoking.

Excessive smoking breaks will be regarded as absenteeism and performance improvement action may be taken.

HANDS MUST BE WASHED AFTER SMOKING

 

Alcohol and Drugs Policy

Perth Burger Collective is concerned by factors affecting an employee’s ability to do their work safely and effectively to a satisfactory standard. The business recognises alcohol or other drug abuse can impair short-term or long-term work performance and is an occupational health and safety risk.

Possession or intake of illicit drugs on Perth Burger Collective’s property is strictly prohibited.

Attendance at work in an intoxicated or drug-affected state is also strictly prohibited.

It is a condition of employment that you comply with the fitness for work standard. This includes the requirement to participate in alcohol and other drug testing if required. If you have any concerns regarding your fitness for work or the fitness for work of another person you must notify your supervisor immediately. Perth Burger Collective may require you to undergo such medical tests that it deems appropriate, and it is a condition of employment that you agree to undertake such tests as directed by the employer.

Perth Burger Collective does not tolerate attending work under the influence of alcohol or drugs. This may result in performance improvement action or dismissal.

Workers Compensation Policy

Workers’ compensation insurance protects Perth Burger Collective from financial claims if an employee sustains a work-related injury or disease. It provides injured workers with weekly payments to cover loss of earning capacity and payment of reasonable medical and vocational rehabilitation expenses, where necessary, to help them remain in or return to gainful employment.

All Perth Burger Collective employees may be eligible for workers compensation benefits should they sustain an injury during the course of their work.

Specific provisions in relation to claims that involve a journey are contained within the Workers’ Compensation and Injury Management Act 1981. Workers will normally not be treated as having suffered personal injury by accident arising out of or in the course of their employment if they suffer an injury during a journey between their place of residence and place of employment or vice versa.

Western Australian Workers’ Compensation and Injury Management Act 1981 (Section 79) gives an arbitrator discretion to refuse to award compensation which would otherwise be payable where it is proved that the worker has, at the time of seeking or entering employment in respect of which he or she claims compensation for an injury, willfully and falsely represented himself or herself as not having previously suffered from the injury.

 

Discipline Policy

At Perth Burger Collective we are committed to providing a happy, harmonious workplace that our employees enjoy and look forward to coming to work in.

As a business, we are also committed to helping our staff achieve the standards of performance and behaviour that are the basis of all excellent customer service industries.

Our main objective at Perth Burger Collective, is to deliver the high level of customer service satisfaction that our customers have come to expect from our establishment, whilst promoting a healthy, happy workplace where no individual feels threatened or intimidated.

We recognize the value of our staff and along with praise for excellent individual commitment and performance, we will also not tolerate misconduct at any level. We will deal fairly, supportively and with consistency, with any inadequate or undesirable behaviour that affects other members of staff, our customers, or the business as a whole. Remember the old saying, “For every action there is a reaction”

Perth Burger Collective has the right to expect employees’ to: -

·       Carry our rostered duties to the best of their abilities

·       Abide by the terms and conditions set out in their contracts.

·       Have an Perth Burger Collective attitude at all times

We encourage our staff to endeavour to make sure that all ‘reactions’ they receive as individuals are positive ones, whether this be from customers, colleagues, managers or Directors, and take responsibility for any negative ones.

Whilst we have such a strong ‘feel good culture’, it is important to find the right balance between getting the most from our staff and ensuring that they are happy working at Perth Burger Collective. Each individual is different and respond to direction and criticism differently. With this in mind, there is a necessity for disciplinary action will be deemed on a case by case basis, and the severity of the initiating actions.

It would be expected that day to day behavioural issues and conduct of our staff will normally be resolved by Management with individuals concerned via normal means of communication.

If normal means of communication fail, or the matter is deemed to be of a more serious nature, and further action is necessary, Directors’ will then become involved.

We rely on Managers’ to treat each case on its own merits and evaluate all the facts prior to any disciplinary action being taken, so that we are suitable informed to deal with this process.

Examples of when our discipline policy might need to be activated may include but are not limited to, a Manager issuing a file note on an incident that has occurred, if severe enough, or a customer, Manager or another staff member bringing to our attention any dangerous or unacceptable behaviour of an individual/individuals. No member of staff should be dismissed or threatened with dismissal by their Manager or Supervisor.  

The process we follow is important to help all of our staff achieve the standards that we require of their position.

In addition to wanting our staff to achieve their full potential, the introduction of the Fair Work Act in 2009 has improved workplace rights for employees’ and significant penalties for an employer is a possibility if they unlawfully dismiss a member of staff. Management must abide by the law when managing staff and procedures have been set up for procedural fairness.

 

Misconduct is when employee has breached their responsibilities under their employment contract. Examples of when misconduct may arise and disciplinary procedures may be initiated are: -

·       When an individual has deliberately breached a company policy or procedure.

·       Is not performing in a satisfactory level for their position.

·       Is conducting themselves in an unsatisfactory manner

·       Ignores reasonable and lawful instructions from the management

·       Fails to comply with any state or federal legislation.

Serious misconduct may include, but is not limited to any willful or deliberate behaviour by an employee that breaches their contract of employment or conduct that causes imminent and serious risk to: -

·       The safety or health of themselves, another member of staff or a member of the public.

·       The reputation, viability or profitability of the business.

·       Any theft, fraud or assault that an employee, in the course of employment at Perth Burger Collective, may engage in.

·       Being intoxicated at work either through liquor or non-prescription drugs, rendering them so impaired that they are unfit to be entrusted with their duties.

·       Refusing to carry out a lawful and reasonable instruction that is consistent with their contract.

Performance Management and Improvement

The purpose of performance management is to improve employee performance. It is an ongoing process and should include formal and informal review procedures. We encourage a two way process, that is, employees are also encouraged to give management feedback on performance.

All employees will undergo a formal performance review with the Manager at least once every twelve months. This is designed to facilitate constructive discussions between management and employees.'

Where warranted, Perth Burger Collective will use improvement processes to improve performance. Should such improvement processes be unsuccessful in improving an employee’s performance, Perth Burger Collective may decide to end an employee’s employment. Depending on the circumstances, performance improvement action may include verbal or written warnings, counselling or retraining.

Perth Burger Collective requires a minimum standard of conduct and performance which will be made clear to employees in management appraisals. If an employee does not meet this standard, Perth Burger Collective will take appropriate corrective action, such as training. Formal performance improvement procedures will generally only start when other corrective action fails.

If an employee deliberately breaches business policy or procedure, or engages in misconduct, Perth Burger Collective may start improvement procedures, or, in cases of serious misconduct or breach of policy, may dismiss an employee.

Each employee must understand their responsibilities, be counselled and given the opportunity to reach standards expected of them. Perth Burger Collective will give an employee the opportunity to defend themselves before management takes further action.

 

Abandonment of Employment Policy

An employee may be taken to have abandoned their employment if he or she simply 'walks off the job’ or fails to return to work after a period of authorised leave. In such circumstances, the employer will be reasonably entitled to conclude that the employee no longer intends to return to their position with Perth Burger Collective.

This will apply if either of the following has transpired:

·      The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer is evidence that the employee has abandoned their employment.

·       If within a period of 14 days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of their employer that they were absent for reasonable cause, the employee is deemed to have abandoned their employment.

In summary, it is important to note that an intention to abandon employment will not be found or inferred lightly.

The two key factors are:
(a) that the employee has made no attempt whatsoever to contact his or her employer; and
(b) the period of unauthorised and / or unexplained absence is sufficient.

 

Termination of employment Policy

Notice of termination by an employee

(a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given	Column 2 Period of notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

Note: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under paragraph (b),then no deduction can be made under paragraph (d).

(f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.

Notice of termination by an employer

An employer must not terminate an employee’s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given).

The notice may be given to an employee by:

(a)  delivering it personally; or

(b)  leaving it at the employee’s last known address; or

(c)  sending it by pre‑paid post to the employee’s last known address.

Amount of notice or payment in lieu of notice is the same as the table above, that of an employee giving notice to the employer.

The employer must not terminate the employee’s employment unless:

(a) the time between giving the notice and the day of the termination is at least the period (the minimum period of notice) worked out under subsection (3); or

b) the employer has paid to the employee (or to another person on the employee’s behalf) payment in lieu of notice of at least the amount the employer would have been liable to pay to the employee (or to another person on the employee’s behalf) at the full rate of pay for the hours the employee would have worked had the employment continued until the end of the minimum period of notice.

Work out the minimum period of notice as follows:

 (a) first, work out the period using the table above:

(b) then increase the period by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given.

 

Redundancy Policy

An employee is entitled to be paid redundancy pay by the employer if the employee’s

employment is terminated:

(a)    at the employer’s initiative because the employer no longer requires the job done by

the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

b) because of the insolvency or bankruptcy of the employer.

Note: Sections 121, 122 and 123 of the NES describe situations in which the employee does not have this entitlement.

 

Amount of redundancy pay

The amount of the redundancy pay equals the total amount payable to the employee for the

redundancy pay period worked out using the following table at the employee’s base rate of pay

for his or her ordinary hours of work:

 

Redundancy pay period
	Employee’s period of continuous service with the employer on termination	Redundancy pay period
1	At least 1 year but less than 2 years	4 weeks
2	At least 2 years but less than 3 years	6 weeks
3	At least 3 years but less than 4 years	7 weeks
4	At least 4 years but less than 5 years	8 weeks
5	At least 5 years but less than 6 years	10 weeks
6	At least 6 years but less than 7 years	11 weeks
7	At least 7 years but less than 8 years	13 weeks
8	At least 8 years but less than 9 years	14 weeks
9	At least 9 years but less than 10 years	16 weeks
10	At least 10 years	12 weeks

Variation of redundancy pay for other employment or incapacity to pay

This section applies if:

                                 (a) an employee is entitled to be paid an amount of redundancy pay by the employer because of the above table; and

 (b) the employer:

 (i) obtains other acceptable employment for the employee; or

 (ii) cannot pay the amount.

On application by the employer, the FWC may determine that the amount of redundancy pay is

reduced to a specified amount (which may be nil) that the FWC considers appropriate.

 

The amount of redundancy pay to which the employee is entitled under section 119 is the reduced amount specified in the determination.

 

Exclusions from obligation to pay redundancy pay

Redundancy pay does not apply to the termination of an employee’s employment if, immediately

before the time of the termination, or at the time when the person was given notice of the

termination as described in ‘Requirements form notice of termination above’

(a)    the employee’s period of continuous service with the employer is less than 12 months;

or

 (b) the employer is a small business employer.

A modern award may include a term specifying other situations in which redundancy pay does not apply to the termination of an employee’s employment. If a modern award that is in operation includes such a term (the award term), an enterprise agreement may:

 (a) incorporate the award term by reference (and as in force from time to time) into the enterprise agreement; and

 (b) provide that the incorporated term covers some or all of the employees who are also covered by the award term.

 

Transfer of employment situations that affect the obligation to pay redundancy pay

Transfer of employment situation in which employer may decide not to recognise employee’s service with first employer

 (1) Subsection 22(5) below does not apply (for the purpose of this Subdivision) to a transfer of employment between non‑associated entities in relation to an employee if the second employer decides not to recognise the employee’s service with the first employer (for the purpose of this Subdivision).

Employee is not entitled to redundancy pay if service with first employer counts as service with second employer

(2) If subsection 22(5) below applies (for the purpose of this Subdivision) to a transfer of employment in relation to an employee, the employee is not entitled to redundancy pay under section 119 in relation to the termination of his or her employment with the first employer.

Note:  Subsection 22(5) provides that, generally, if there is a transfer of employment, service with the first employer counts as service with the second employer.

Employee not entitled to redundancy pay if refuses employment in certain circumstances

An employee is not entitled to redundancy pay under in relation to the termination of his or her employment with an employer (the first employer) if:

 (a) the employee rejects an offer of employment made by another employer (the second employer) that:

 (i) is on terms and conditions substantially similar to, and, considered on an overall basis, no less favourable than, the employee’s terms and conditions of employment with the first employer immediately before the termination; and

 (ii) recognises the employee’s service with the first employer, for the purpose of this Subdivision; and

b) had the employee accepted the offer, there would have been a transfer of employment in relation to the employee.

If the FWC is satisfied that subsection (3) operates unfairly to the employee, the FWC may order the first employer to pay the employee a specified amount of redundancy pay (not exceeding the amount that would be payable but for subsection (3)) that the FWC considers appropriate. The first employer must pay the employee that amount of redundancy pay.

 

Transfer to lower paid duties on redundancy (Clause 17.1 Restaurant Industry Award)

(a) Clause 17.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to, under the ‘Requirement for notice of termination or payment in lieu’ section of the NES, as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in paragraph (c).

(c) If the employer acts as mentioned in paragraph (b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 17 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under paragraph (a),the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of paragraph (b).

(d) An employee who fails to produce proof when required under paragraph (b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clauses 16.2 and 16.3.

 

Intellectual Property and Security Policy

All intellectual property developed by employees during their employment with Perth Burger Collective including recipes, operational documentation, discoveries or inventions made in the performance of their duties related in any way to the business Perth Burger Collective will remain the property of Perth Burger Collective.

Employees may be given access to confidential information, data, business property, keys to premises or any other business-related property/information in the performance of their duties. This must be protected and used only in the interests of Perth Burger Collective.

Employees must not:

·       disclose or use any part of any confidential information outside of the performance of their duties and in the interests of Perth Burger Collective or

·       authorise or be involved in the improper use or disclosure of confidential information;

during or after their employment without the Employer's written consent, other than as required by law.

‘Confidential information’ includes any information in any form relating to Perth Burger Collective and related bodies, clients or businesses, which is not in the public domain.

Employees must act in good faith towards Perth Burger Collective and must prevent (or if impractical, report) the unauthorised disclosure of any confidential information. Failure to comply with this policy may result in performance improvement proceedings including dismissal, and Perth Burger Collective may also pursue monetary damages or other remedies.

 

Food Safety and Quality Policy

Perth Burger Collective is committed to providing superior quality food that is safe, and meets the expectations of our clients and customers. Our standard will be delivered and maintained by our employees and suppliers.

Perth Burger Collective will

·       Conduct our food preparation in accordance with the 'Food Safe Program' and respective legislative requirements.

·       Ensure our food preparation is conducted in sanitary facilities that do not expose food products to contamination

·       Be pro-active in assessing potential food safety risks and implementation of risk control measures.

·       Encourage a partnership with our clients for Food Safety.

·       Train employees to competently prepare food in accordance with company procedures and standards, report and investigate incidents, then improve systems and practices and prevent recurrence.

·       Use an independent audit program to ensure compliance with the Food Safe standards.

·       Report and investigate incidents, then improve systems and practices and prevent recurrence

·       Provide information to all employees, suppliers, clients and customers that inform them of food safety and quality issues.

 

Environmental Best Practice Policy

 

Perth Burger Collective will comply with all local, state and federal laws and regulations on:

• disposing of hazardous waste (including EPA’s list of prescribed industrial waste), trade waste (i.e. waste added to the sewer) and waste water
• safe handling, storage and transport of hazardous waste and dangerous goods
• noise
• land use
• air pollution and carbon emissions