Workplace policies provide a framework for employers and employees to understand their rights, responsibilities, expectations and standards of behaviour at work. Policies help to create a safe, fair, and inclusive working environment where everyone is treated with respect and dignity. Critically, they provide clear guidelines for employers and employees on how to handle different situations that may arise in the workplace. By having clear and enforceable policies in place, businesses can minimise the risk of disputes, misunderstandings and legal actions from arising. This article explores key employment policies every Australian business needs.

Key Employment Policies

Every Australian business should have a workplace policy on the following issues:

• Bullying, discrimination and harassment in the workplace;
• Workplace health and safety;
•  performance management and disciplinary procedures; and
• Information technology.

It is important to note that these policies should comply with relevant laws, such as Fair Work Act 2009, Privacy Act 1988, and Health and Safety at Work Act 2015.

We explore the first three policies in detail.

Bullying, Discrimination and Harassment Policy

A workplace policy on bullying, discrimination and harassment is a set of guidelines and procedures that a business establishes to prevent and address any form of discrimination or harassment that may occur in the workplace. Discrimination refers to treating, or proposing to treat, someone unfavourably because oftheir race, gender, age, sexual orientation, or other characteristic protected by the law. Harassment refers to any unwanted or unwelcome behaviour that is intended to intimidate, offend, or humiliate another person. When implementing a bullying, discrimination and harassment policy, it should:

• clearly define what constitutes bullying, discrimination and harassment in the workplace;
• state your business’ stance, i.e. that it will not tolerate discrimination or harassment and that it is committed to providing a safe and inclusive work environment;
• provide examples of the types of behaviour that will not be tolerated;
• explain the process for reporting and investigating complaints of bullying, discrimination and harassment;
• outline the consequences for any employee found to have engaged in bullying, discriminatory or harassing behaviour; and
• provide information on available support services for employees who have experienced

It is important that all employees are aware of the policy and understand their rights and responsibilities under it. Your business should regularly review the policy and, if necessary, update it to ensure it remains compliant with the law.

Workplace Health and Safety Policy

An employer’s duty to workplace health and safety is to take all reasonably practicable steps to provide a safe and healthy working environment for their employees, contractors, and visitors. This includes the following:

• identifying, assessing hazards in the workplace;
• Implementing control measures to minimuse or eliminate risks;
• providing appropriate training and information; and
• maintaining and monitoring the effectiveness of health and safety policies and procedures.

As an employer, it is critical that you comply with relevant legislation, such as the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017 in Australia. Likewise, your workplace policy on workplace health and safety (WHS) should be consistent with the law. Typically, a workplace policy on WHS includes the following elements:

• a statement of commitment to providing a safe and healthy work environment for all employees, contractors, and visitors;
• a clear definition of responsibilities for WHS, including the roles and responsibilities of management, supervisors, and employees;
• procedures for identifying, assessing, and controlling hazards in the workplace, including procedures for reporting and investigating incidents and near-misses;
• procedures for emergency management, including fire safety, evacuation, and first aid;
• processes for ensuring the safe use, handling, storage, and disposal of hazardoussubstances and materials;
• systems for providing employees with appropriate training, information, and instruction and consultation on WHS matters;
• procedures for ensuring that equipment and machinery are maintained in safe working conditions;
• procedures for managing the health and welfare of employees, including the provision of appropriate facilities and support services; and
• approaches for monitoring and reviewing the effectiveness of the WHS policy and procedures and making improvements as necessary.

Performance Management Policy

A workplace policy on performance management and disciplinary procedures sets out the standards of behaviour and performance that are expected of employees. Likewise, it details the procedures your business may follow if an employee’s behaviour or performance falls below those standards. The policy should be clearly written, easily understood, and should be consistent with the company’s values and culture. The performance management aspect of the policy should include:

• clear expectations and targets for employees’ job performance; and
• guidelines for identifying and addressing any performance issues.

Additionally, the disciplinary aspect of the policy should include:

• a clear definition of misconduct and unacceptable behaviour;
• Guidelines for receiving, investigating, and resolving complaints of misconduct;
• an outline of the disciplinary actions that a manager or business may take for misconduct, including verbal or written warnings, suspension, demotion, or termination; and
• a process for employees to appeal disciplinary action.

When conducting a disciplinary meeting, it is essential that you provide the employee with details of the alleged misconduct and allow the employee to speak about their side of the story. Your employee is also entitled to bring a support person, and you should not unreasonably refuse a request to have a support person present. Further, if you decide to take action, ensure that your action is proportionate to the misconduct. For example, terminating an employee over a minor issue may be considered harsh or unreasonable and could result inan unfair dismissal claim.

Key Takeaways

Employment policies provide a framework for managers to make decisions in a consistent and fair manner whilst clearly outlining employee expectations and responsibilities. While your business can adopt a number of policies to create a positive and productive work environment, key employment policies include:

• a discrimination and harassment policy;
• a workplace health and safety policy; and
• a performance management and disciplinary procedures, amongst others.

Your employment policy must comply with relevant laws, such as Fair Work Act 2009 and the Work Health and Safety Act 2011. Your business should also ensure its employees are aware of the policy and understand their rights and responsibilities under it. Finally, you should regularly review the policy and update it if necessary to ensure it remains compliant with the law.

For legal assistance, visit:

https://legalvision.com.au/membership/?utm_source=Bizink&utm_medium=article