LeadershipHQ Magazine June 2015 2nd Edition

Common areas about which leaders should be familiar include: • Employee entitlements in the National Employment Standards enshrined in the Fair Work Act 2009 (Act); • Access to and the requirements of unfair dismissal laws; • The requirements of the general protections provisions in the Act; • The Fair Work Commission’s “anti-bullying” jurisdiction; • The circumstances in which a workers’ compensation claim can be made under the Workers’ Compensation and Rehabilitation Act (Qld) 2003; • Protections available to injured workers under the Workers’ Compensation and Rehabilitation Act (Qld) 2003; • The prohibitions on “Sham Contracting” in the Act; • The meaning of direct and indirect discrimination under anti-discrimination legislation, both State and Federal; • Anti-discrimination legislation, to the extent it relates to sexual harassment and victimisation; • The grievance and EAP procedures available to employees; • The post-employment obligations of employees in their employment contracts; • Obligations of employees under the employee handbook or policies and procedures; and • The requirements of awards (or industrial instruments) that apply to the business. Obtaining a working knowledge of these areas of law need not be a time consuming process. The firm’s HR lawyer should be able to easily and quickly train leaders on the requirements of these laws and what processes need to be in place within the organisation to comply with them. HR managers should also be part of the highest echelons of the business, so that firm-wide HR issues can be identified early on and leaders can develop a healthy rapport with the HR function. 13 | © LeadershipHQ 2015 Businesses who inculcate their leaders in this area of the law are not only more likely to comply with the law but are more likely to develop a culture within the organisation which promotes compliance with the law. That culture starts at the top and leaders have a responsibility to ensure that they are familiar with IR laws.

LeadershipHQ Magazine June 2015 2nd Edition | Page 13