• Kiama Glass

General Obligations

Updated: Mar 18, 2019

HOURS OF WORKS

Whether you are a part time, full time or contract employee your hours of work are as agreed at your employment date. These may be changed from time to time by agreement with Kiama Glass.

Ordinary hours of work will be 7:30am to 4:00pm Monday to Friday and 7:30am to 12pm on Saturday, plus any reasonable additional hours that are necessary to fulfil your duties or as otherwise agreed with Kiama Glass.

PUNCTUALITY

You are expected to be ready to commence work at the beginning of your work shift. If you need to change clothes, organise tools, move equipment etc. this should be done prior to the commencement of your work shift.

SHIFT SWAPPING

For part time, casual or contract team members, shift swapping will be considered on occasion but does not have to be granted. We plan our installation schedule in advance and it may not always be practical to swap your shift. For this reason, if you wish to swap or change a shift, we appreciate you discussing this with us as early as possible and ask that you accept it will not always be possible to do so.

RECORDING YOUR HOURS OF WORK

For all permanent full time, part time or casual members of the team, you are to record your hours of work each week via the XeroMe application which can be installed for free on your smart phone. Hours for each week should be submitted at the conclusion of that week. Payment for those hours will be made via EFT the following Thursday.

For any contract staff your hours worked should be clearly stated on your invoice when submitted, along with your tading name, ABN and bank account details. Invoices should be submitted at the conclusion of each week and will be paid within 7 days.

FLEXIBLE WORKING ARRANGEMENTS

Under the Fair Work Act 2009 (Cth), some employees are entitled to request flexible working arrangements. They are employees who: (a) are the parent, or have responsibility for the care of, a child of school age or younger; (b) are a carer; (c) have a disability; (d) are 55 years of age, or older; (e) are experiencing violence from a member of their family, or provide care or support for a member of their immediate family or household because the member is experiencing such violence.

All requests for flexible working arrangements must be made in writing, stating the nature of the flexibility sought and the reasons for the request. The Practice will give consideration to an employee’s request and will provide written reasons of its decision to either approve or refuse an employee’s request no later than 21 days after the request is made.

ANNUAL LEAVE

An employee is entitled to four weeks of paid annual leave. This entitlement accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.


Award-covered employees may only cash out annual leave in accordance with the relevant award or an enterprise agreement (not just a common law contract). Annual leave, including excessive annual leave, must be taken in accordance with the relevant award.


Award-free employees may be directed to take annual leave in accordance with the Fair Work Act 2009.

LONG SERVICE LEAVE

If an employee is employed under an instrument such as a modern award or an enterprise agreement, which contains terms relating to long service leave, then an employee is entitled to long service leave in accordance with those terms.


Otherwise, generally, an employee will be entitled to long service leave in accordance with long service leave legislation in NSW.

PERSONALCARER'S AND COMPASSIONATE LEAVE

An employee is entitled to 10 days of personal/carer’s leave for each year of service with their employer. The employee’s entitlement to personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.


You must notify Kiama Glass of your intention to take personal/carers leave by phoning Kelly Seuren as soon as possible.


Should an employee take personal leave on a Monday, Friday, or a day before or after a public holiday, or for 2 or more consecutive days, they will be required to provide a medical certificate.


An employee who doesn't give their employer evidence when asked may not be entitled to be paid for their sick or carer's leave.


If an employee wishes to have an extended weekend by taking a Monday, Friday, day before or after a public holiday off, these should be taken as Annual Leave and applied for via the XeroMe app. See the Annual Leave section for further information.

COMMUNITY SERVICE LEAVE

The National Employment Standards provides an entitlement for employees to be absent for periods of ‘eligible community service activity’. An eligible community service activity includes:

(a) jury service (including attendance for the purpose of jury selection);

(b) carrying out a voluntary emergency management activity; or

(c) an activity prescribed by the Regulations.

A voluntary emergency management activity is a voluntary activity that involves dealing with an emergency or natural disaster. The employee must be a member of a recognised emergency management body.A recognised emergency management body is:

(a) a body that has a role or function under a plan prepared by Commonwealth, State or Territory government to cope with emergencies and/or disasters;

(b) a fire fighting, civil defence or rescue body; or

(c) a body that has a substantial purpose of responding to an emergency or natural disaster.

The period of leave will consist of time when the employee engages in activity, the reasonable travelling time associated with the activity and reasonable rest time immediately following the activity.

Unless the activity is jury service, the employee’s absence must be reasonable in all the circumstances.

Notice must be given to Kiama Glass as soon as reasonably practicable and the employee must advise Kiama Glass of the period, or expected period, of the absence.

If Kiama Glass requires, the worker must provide evidence that would satisfy a ‘reasonable person’ that the absence is because of the employee’s engagement in an eligible community service activity.

JURY SERVICE

If an employee receives notification of prospective jury service, they should notify their supervisor as soon as possible after receiving the notice. Unless otherwise agreed, the employee must provide their supervisor with a copy of the notice, as well as any indication the employee has received from the court about the possible length of the jury service.

The employee must discuss the matter with their supervisor before completing any court documentation and before attending court as requested in the notification. For the avoidance of doubt, this obligation applies to all employees, including casual employees. If the absence of the employee would be inconvenient to Kiama Glass, the employee may be provided with a letter to attach to the court documentation setting out the reasons why the employee’s absence would be inconvenient to Kiama Glass.

Employees (other than casual employees) who participate in jury service are required to provide Kiama Glass with proof of any payments made to them in respect of jury service. If this requirement is met, Kiama Glass will pay the difference between the employee’s ordinary pay (excluding overtime and other allowances) and the payment from the court for the first ten days of the employee’s absence on jury duty. If the employee fails to provide the requested evidence, the employee will not be entitled to payment from Kiama Glass. No payment will be made to casual employees.

UNPAID PARENTAL LEAVE

Subject to the requirements of the Fair Work Act 2009 (Cth), employees are entitled to up to 12 months unpaid parental leave with a right to request an extension of unpaid parental leave up to a total of 24 months. An employee’s request for an extension of parental leave beyond the 12 month entitlement, must be made in writing at least four weeks before the end of the employee’s available parental leave period.


Kiama Glass will give consideration to the request and will provide written reasons of its decision to either approve or refuse an employee’s request no later than 21 days after the request is made.

PAID PARENTAL LEAVE

Employees may also be entitled to up to 18 weeks of paid parental leave or partner pay under the Paid Parental Leave Act 2010 (Cth). This entitlement is in addition to any employer funded paid parental leave which may be available.

An employee should consult Kiama Glass to determine whether they are entitled to unpaid and paid parental leave or partner pay.

REIMBURSEMENT OF EXPENSES

Kiama Glass will reimburse employees for pre-approved expenses properly incurred by employees in the proper performance of their duties. Reimbursement will be subject to employees providing Kiama Glass with receipts or other evidence of payment and of the purpose of each expense, in a form reasonably required by Kiama Glass. Employees will also be required to complete the Expense Reimbursement Form which is included in the Office Forms section of this Manual.

DRESS AND CONDUCT

Employees are expected to observe a standard of dress, personal appearance and grooming fitting for employees of a professional organisation, subject to the necessary requirements of the duties of each employee’s position. Kiama Glass’ standard uniform is:

· Kiama Glass shirt

· Kiama Glass Hoodie

· Black shorts or pants

· Appropriate work boots or covered shoes

The following basic personal protection equipment will be supplied by Kiama Glass:

· Safety Glasses

· Gloves

· Sunscreen

· Hi-Vis Clothing

Any other Personal Protective Equipmen will be supplied by Kiama Glass.

Kiama Glass may, on occasion, provide alcoholic beverages which are available for consumption at the workplace or elsewhere during work-related social functions, for example at a Christmas. Employees remain at all time responsible for their decision to drink alcoholic beverages on such occasions, and undertake to act responsibly at all times during these occasions.

Employees represent Kiama Glass, both during and outside working hours. Employees should not at any time engage in conduct which could damage or discredit Kiama Glass’ reputation, including during work-related social functions. The conduct of an employee during a work-related social function or after hours may result in Kiama Glass taking disciplinary action against an employee where the conduct of the employee reflects badly on the business or reputation of Kiama Glass.

PAYROLL PROCESSING

Pay-roll processing is conducted by an authorised representative of Kiama Glass.

Payroll for all permanent full time, part time or casual team members is processed each Thursday. At this time you will be paid for the hours worked in the previous week. You will receive a payslip each week which is available on the XeroMe app.Payment of Contractors invoices will be within 7 days of the invoice date. Please let us know if you require a remittance advice each week.

If you have any payroll or payment queries, please direct these to Lena Tasevska on accounts@kiamaglass.com.au or in person.

CHANGE OF ADDRESS

Each employee’s current address is required to be kept on file. In addition, it may be necessary for Kiama Glass to contact an employee or their next of kin, for example, in the event of an unexplained absence or emergency. For this reason all employees are required to keep Kiama Glass updated in relation to changes to their address or personal telephone number, as well as the contact details of their next of kin.

MOTOR VEHICLES

Kiama Glass may make available to employees, contractors and work experience staff (Persons) company motor vehicles for use on work-related business (Company Vehicles).

Company Vehicles remain at all times the property of Kiama Glass.

All Persons driving a Company Vehicle must: * be in possession of a current, valid driver’s licence, and must not drive a Company Vehicle if not licensed or authorised to drive it; * observe all relevant traffic regulations; * drive in a manner which is safe and responsible in respect of themselves, any passengers and the general public; * not drive or permit the driving of a Company Vehicle by a person under the influence of alcohol or drugs. This means having a zero breath and blood alcohol level (notwithstanding that there are legal limits for breath and blood alcohol), and not being under the influence of prescription or recreational drugs; * show courtesy and consideration to all other road users; * not authorise or allow any other person to drive a Company Vehicle without the written authorisation of Kiama Glass; * not drive or permit the driving of a Company Vehicle in a careless, reckless or dangerous manner; * be at least 18 years of age; * comply with the provisions of all statutes, rules and regulations in respect of the use or driving of a Company Vehicle. Persons are responsible for the consequences of any breaches of those statutes, rules and regulations during the period employees have the use of a Company Vehicle, including any speeding fines, penalties or claims.

In the event a Person’s driver’s licence is suspended or cancelled, a Person must not drive a Company Vehicle under any circumstances.

It is the responsibility of any Person driving a Company Vehicle to ensure before use that: * tyre pressures are correct; * water, oil, battery and fuel levels are correct; and * all items in the vehicle are secure.

If any Person using a Company Vehicle detects or suspects any problem or defect in relation to a Company Vehicle, the problem or defect must be reported immediately to Kelly Seuren. If requested, the Person must complete any requested documentation in respect of the suspected problem or defect. If any Company Vehicle appears unroadworthy, it should not be used.

The Person driving a Company Vehicle at the time that the fuel tanks becomes less than a quarter full is required to refill the fuel tank with the appropriate fuel. Kiama Glass will reimburse for this expense on provision of the appropriate receipt.

Whenever a Person leaves a Company Vehicle unattended, the Person must ensure that the vehicle has been properly locked and secured and, if possible, protected from the weather.

If Persons are involved in an accident or incident and a Company Vehicle requires towing, the police must be advised immediately. Similarly, if Persons are injured in an accident or incident, the police must be called immediately.

Persons must report any accident/incident to Kelly Seuren as soon as practicable. An accident/incident report form must also be completed and forwarded to Kelly Seuren at the earliest possible opportunity.

Kiama Glass takes no responsibility whatsoever for any fines, infringements or penalties incurred by Persons driving Company Vehicles. The payment of fines and penalties incurred by Persons will be the responsibility of the Persons driving the Company Vehicle at the time the fine or penalty is incurred

COMPANY VEHICLE INSURANCE AND LIABILITY

If insurance cover is provided for loss or damage to a Company Vehicle then Kiama Glass’ insurer may bring, defend or settle any legal proceedings in its sole discretion. Kiama Glass’ insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in the driver’s name.

In the event that a Person is involved in and is deemed to have caused an accident by Kiama Glass’s insurer, Kiama Glass will bear the cost of the insurance excess unless the accident results from the Reckless or Illegal Actions of a Person. ‘Reckless or Illegal Actions’ that may invalidate the insurance policy include: * driving a vehicle when the driver has a blood alcohol content in excess of the legal limit; * driving a vehicle while not licensed or authorised to drive it;

* driving a vehicle in an unsafe condition;

* using the vehicle in a trial, race, test or contest; or * driving a vehicle in breach of traffic laws or regulations.

If a Person is using a Company Vehicle for work-related purposes and due to Reckless or Illegal Actions of the Person Kiama Glass is exposed to liability, directly or indirectly due to the use of the motor vehicle, the Person agrees to indemnify Kiama Glass for any liability for which Kiama Glass is not covered by insurance.

Persons must ensure that if they are involved in a motor vehicle accident in a Company Vehicle, or if a Company Vehicle is stolen or otherwise damaged, that they do not breach or invalidate any insurance cover and, in addition, must: * report the accident or theft immediately to Kiama Glass so that the insurer (and in the case of theft, the police) can be notified; * not admit liability for any accident, or make any attempt to settle or compromise any claims; * not make any statements to Kiama Glass or its insurer which are not truthful and frank; * provide any assistance to Kiama Glass or its insurer as requested to enable Kiama Glass and its insurer to defend or bring any claim in relation to the accident or theft; and * deliver to Kiama Glass immediately upon receipt every summons, complaint or paper in relation to an accident or theft.

Company Vehicles are not to be used for personal use without Kiama Glass’ prior consent. If a Person is using a Company Vehicle for personal use (whether the motor vehicle is part of their remuneration package entitlements or not), the Person agrees to indemnify Kiama Glass for any liability incurred directly or indirectly due to the Person’s personal use of the motor vehicle which Kiama Glass is not otherwise covered for by insurance.

BRING YOUR OWN DEVICE

Our Bring Yoru Own Device policy outlines our guidelines for using devices such as mobile phones or tablet computers at work.


We recognize that mobile phones have become an integral part of everyday life and can be a useful work tool. However, mobile phones may also cause problems when used imprudently or excessively. These problems could include:

* Get distracted from work

* Disturb colleagues by not being focused and present when required to work

* Cause security issues from inappropriate use of company-issued equipment or misuse of our company’s internet connection

* Cause accidents when they illegally use their phones inside company vehicles or near areas where using phones is prohibited

Kiama Glass expects employees to use their devices approrpriately during working hours.

We advise our employees to:

* Use personal devices for business purposes such as calculations, messages, calls or photographing work as necessary

* Limit surfing the internet, personal texts and calls to break times unless it’s an emergency

* Turn off or silence devices when asked.

We won’t allow employees to:

* Play games on their device during working hours

* Use their devices for any reason while driving a company vehicle

* Use their device’s camera or microphone to record confidential information

* Use their phones in areas where mobile phone use is explicitly prohibited

* Download or upload inappropriate, illegal or obscene material on a company device using a corporate internet connection.

Disciplinary Consequences

Our company retains the right to monitor employees for excessive or inappropriate use of their devices. If an employee’s phone usage causes a decline in productivity or interferes with our operations, we’ll ban that employee from using their device.

Employees may face severe disciplinary action up to and including termination, in cases when they:

* Cause a security breach

* Violate our confidentiality policy

* Cause an accident by recklessly using their device.

PERSONAL TELEPHONE CALLS

Employees are encouraged to limit personal telephone calls during work hours. Making or receiving personal calls during work breaks is acceptable.


Kiama Glass discourages the receipt of personal telephone calls at work other than in cases of genuine emergency. Employees are to discourage their friends or family from contacting them at work, other than during breaks or in cases of emergency.

LATENESS FOR WORK

Any absence or late arrival due to illness, injury or any other reason, and the expected duration of leave must be personally reported to your supervisor as soon as practicable (and prior to your normal starting time wherever possible) by a telephone call. If you are unable to do this personally, you are requested to ask someone to telephone on your behalf.

Subsequent to this, you must keep Kiama Glass informed of your progress.

Wherever possible you should make dental, medical, business or other appointments outside your normal working hours.

It is essential that you are ready to commence work at your normal commencement time as other employees and Kiama Glass depend upon you and your contribution. If you need to change into your uniform, sort tools or move equipment from your personal vehicle to a company vehicle this should all be done prior to your commencement time.

PROPERTY OF KIAMA GLASS

It is the responsibility of employees to ensure that any Kiama Glass property in their custody or possession is kept secure and maintained.

Kiama Glass property must not under any circumstances be abused, damaged or destroyed by employees, and employees must not permit others to abuse, damage or destroy Kiama Glass property.

Any employee found abusing, damaging or destroying Kiama Glass property, or permitting someone else to do so, may be subject to disciplinary procedures, up to and including termination of employment.

It is the responsibility of each employee to ensure that any Kiama Glass property in their possession is used only according to product specifications or instructions. Employees agree to indemnify Kiama Glass for any loss or damage occurring to Kiama Glass property in employees’ possession if the loss or damage occurs otherwise than in accordance with product specifications or instructions.

SECURITY

Entry to Kiama Glass’s premises will be by way of keys and alarm remote controls.


If provided with keys and alarm remote controls, it is the responsibility of the employee to ensure that this these are kept in safe custody. All keys and alarm remote controls must be returned on demand and no copies shall be made.


If building access equipment is lost or misplaced, you must notify Kelly Seuren immediately.

CAR PARKING

Due to the limited availability of car parking spaces, it is not possible to allocate a car parking space to employees.

ANNUAL REVIEW

Kiama Glass will endeavour to formally review each employee’s conduct, capacity and performance annually. However, Kiama Glass encourages employees to raise any query or concern regarding their employment soon after the query or concern arises, and not await an annual review.

Kiama Glass will also endeavour to formally review employees’ terms and conditions of employment at least annually. Any increases in remuneration or benefits will be at Kiama Glass’s discretion.

There is an Employee Appraisal Sheet included in the Office Forms section of this Manual.

TERMINATION OF EMPLOYMENT

Except in cases involving summary termination for serious misconduct, if Kiama Glass dismisses an employee (other than casuals), Kiama Glass will provide the employee with notice of termination (or payment in lieu) in accordance with the employee’s letter of appointment.

DISCIPLINARY PROCESSES

It will be sometimes necessary for employees to be counselled/warned or disciplined with regard to their conduct, capacity or performance.

Counselling and disciplinary processes need not be formal or in writing.

A failure to improve in accordance with counselling or disciplinary processes may result in a warning or dismissal.

Counselling and disciplinary processes may be combined with other meetings such as an employee’s annual review.

REDUNDANCY

Employees covered by an award whose roles are redundant may be entitled to a redundancy payment in accordance with that award.

REFERENCES

Written references are provided by Kiama Glass on request.

SMOKE FREE ENVIRONMENT

For health and safety reasons, Kiama Glass operates a smoke-free work environment. Employees are prohibited from smoking in or about Kiama Glass’ premises.

Smoking is also prohibited in any of Kiama Glass’ Company Vehicles and in or around any of Kiama Glass’ client’s premises.

WORK FOR EMPLOYEES AND FAMILY

Kiama Glass may perform work for employees and their families. Depending on the type and the complexity of work required in each particular case, Kiama Glass may be willing to reduce the costs for employees and members of their immediate family.


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© 2019 Kiama Glass Pty Ltd | ABN: 52 135 872 650 | Licence: 308555C