ORDER OF BUSINESS

1.       COUNCIL prayer AND WELCOME

The Mayor Cr Reid Mather will read the Council Prayer and welcome members of the gallery.

2.       RECEIPT OF APOLOGIES  

3.       CONFIRMATION OF MINUTES OF PREVIOUS MEETING  

Recommendation: That Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 11 September 2013, Special Meeting held on Monday, 23 September 2013, and Special Meeting held on Friday, 27 September 2013.

4.       REQUESTS FOR LEAVE OF ABSENCE 

5.       DECLARATION of PECUNIARY AND conflictS of interest

In accordance with Sections 77A, 77B and 78 of the Local Government Act Councillors are required to disclose an "interest" in a decision if they would receive, or could be reasonably perceived as receiving a direct or indirect financial or non-financial benefit or detriment (other than as a voter, resident or ratepayer) from the decision.

Disclosure must occur immediately before the matter is considered or discussed.

6....... Procedural Items

6.1            Council Approval for use of Council Seal  4

6.2            Report of Assembly of Councillors Meetings  5

6.3            Building Permits - Monthly Update  29

6.4            Planning Applications Received - Monthly Update  32

6.5            Planning Applications Approved By Chief Executive Officer  33

6.6            Road Opening Permits - Monthly Report  35

6.7            Letters of Congratulations and Recognition of Achievement/Awards  36

6.8            Local Law Permits - Monthly Report  37

7....... General Business

7.1      Policy Reports   39

7.1.1        Human Resources Policy Review   39

7.1.2        Occupational Health and Safety Policy Review   104

7.1.3        Risk Management Policy Review   136

7.1.4        Financial Policy Reviews  154

7.1.5        Light Vehicle Fleet Management Policy  183

7.2      Management Reports   194

7.2.1        Swimming Pool Season 2013/14  194

7.2.2        Domestic Animal Plan 2013 -2017  196

7.3      Financial Reports   226

7.3.1        Finance Report as at 30 September 2013  226

8....... REPORTS FROM COUNCILLORS

8.1      Delegate Reports   263

Nil

8.2      Activity Reports   263

Nil

8.3      Report from the Mayor   263

Nil

9....... OTHER BUSINESS

9.1      Petitions   264

9.1.1        Petition - Kerbside Waste Service in Nandaly and Outlying Areas  264

9.2      Notices of Motion   270

Nil

9.3      Questions from Councillors   270

Nil

9.4      Questions from the Public   270

Nil

9.5      Any Other Procedural Matter   270

Nil

9.6      Urgent Business   270

Nil

10..... MATTERS THAT MAY EXCLUDE THE PUBLIC

Nil

11..... ANY OTHER BUSINESS

12..... MEETING CLOSE

 

NEXT MEETING

The next Ordinary Meeting of Council will be held in Wycheproof Supper Room, 367 Broadway, Wycheproof on Wednesday, 13 November 2013 at 7.00pm.

 

 

LEONIE BURROWS

ACTING CHIEF EXECUTIVE OFFICER

6.          Procedural Items

6.1       Council Approval for use of Council Seal

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: Nil

Attachments:

Nil

 

 

RECOMMENDATION   That Council approval be granted to the Chief Executive Officer to execute the items as listed below.

 

1.       Executive Summary

Council approval is required for the use of the Council Seal on the items as listed below.

 

2.       Properties Being Sold By Buloke Shire Council

PROPERTY	DATE	PURCHASER DETAILS
Nil.

 

3.       Properties Being Purchased By Buloke Shire Council

PROPERTY	DATE	VENDOR DETAILS
Nil.

 

4.       Sale Of Land Pursuant To Section 181 Of The Local Government Act 1989

Nil.

 

5.       Consultation (Internal/External)

Council as required has given public notice of its intention to conduct the sale, or carry out the transfers of the above properties as listed.

 

6.       Agreements/Leases

PROPERTY/PROJECT	DATE	EXTERNAL PERSON OR ORGANISATION AGREEMENT IS WITH
Nil.

 

6.2       Report of Assembly of Councillors Meetings

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: GO/05/04

Attachments:

1       ViewReport of Assembly of Council Meeting - 25 September 2013

 

 

 

RECOMMENDATION   That the Council note the report of Assembly of Councillor Meeting held on 25 September 2013.

 

1.       Key Points/Issues

The Local Government Act 1989 (the Act) provides that a record must be kept of any Meeting of Councillors and Staff deemed to be an Assembly of Councillors Meeting as defined in the Act.

An Assembly of Councillors Meeting is defined in the Act as a meeting of Councillors if the meeting considers matters that are likely to be the subject of a Council decision or the exercise of delegation and the meeting is:

A planned or scheduled meeting that includes at least half of the Councillors and a member of Council Staff; or

An Advisory Committee of the Council where one or more Councillors are present.

The Act also provides that the record of any Assembly of Councillors is to be reported to the next practicable Council Meeting and recorded in the Minutes.

A record of the Assembly of Councillor Meetings held on 25 September 2013 is attached.

 

 

                                                                                                                                                                                                                                           

BULOKE

SHIRE COUNCIL

 

RECORD OF ASSEMBLY OF COUNCIL MEETING

 

 Meeting held at 5.00 pm Wednesday 25 September 2013 at the                                  Wycheproof Supper Room

 

Present:

 

Councillors:

Cr Tellefson, Cr Sharp, Cr Pollard, Cr Mather,Cr Milne and Cr White.

 

Staff:

Leonie Burrows (Acting Chief Executive Officer),Gaynor Doreian (Manager Works and Construction), Bill Keane (Manager Community Services, Bill Ryan (Manager Finance), Warren Hemopo (Manager Reconstruction), Louisa Ferrier (Acting Manager Assets and Infrastructure) and Judi Bird (Senior procurement Officer)

 

Members of the Community:

 

Apologies:

Cr McLean, Warwick Heine (Chief Executive Officer), Anthony Judd (Manager Assets and Infrastructure)

 

Disclosure of Interests:

Nil

 

Cr Mather took the Chair

 

MATTERS DISCUSSED

 

 

 

1.    Presentations

 

5.00 pm     Jerri Nelson – North central Local learning Employment Network (NCLLEN) provided a presentation to Council on the Youth Partnership Governance Project. 

 

5.30 pm   Contract C6 2011/12 and C12 2011/12 Project Steering Committee Meeting.

 

Contract Superintendent, Pitt and Sherry, provided an presentation to Council of work undertaken to date with the flood recovery restoration contract - C6.  Councillors asked a number of questions; including quality of work, use of local contractors, progress over the next few months particularly during harvest and communicating progress of works to the community.

 

6.30 pm     DINNER

 

6.50 pm     Contract C6 2011/12 and C12 2011/12 Project Steering Committee Meeting continued.

 

General business: Principal's Representative Report, Contract C06 progress, Contract C12 progress, media communications and the Watchupga Road, Culgoa bridge.

 

Contract C6 2011/12 and C12 2011/12 Project Steering Committee Meeting closed at 7.40 pm

 

7.45 pm    Manager Works & Corporate Services provided Council with an overview of progress to                  date with the development of the Waste and Recyclable Collection tender.

 

 

2.  Councillor Reports

 

Nil

 

3.  CEO and Senior Management Team Reports

a.  Legal

           

            There were no new legal matters to report.    

         

                            i)   George Gould Units

                           ii)   Hamilton Street, Sea Lake

                          iii)   Alexander Street, Berriwillock

iv)        Building Control Matters:

·      Charlton – Addition to Shop

·      Charlton – Shed and associated buildings

·      Nandaly – Storage shed

·      Birchip – Non-compliant house

·      Birchip – Storage shed

·      Charlton – Re-erect a dwelling

·      Jill Jill – Re-erection of a dwelling

·      Wycheproof – Addition to dwelling

·      Birchip – Addition to shop

·      Birchip – Addition to dwelling

·      Charlton – Addition to office

·      Sea Lake – Warehouse

·      Sea Lake – Dangerous veranda

·      Berriwillock – Dangerous veranda

·      Nullawil – Illegal building

·      Donald – Addition to dwelling

·      Berriwillock – Amenities building additional to shed.

·      Birchip – Illegal shed in township

·      Donald – Dangerous facades

·      Charlton – Addition to building

·      Birchip dwelling- Illegal works without a building permit

·      Birchip shop – dangerous facade

.

 v)  Local Laws/Planning

·      Charlton – Breach of Local Law and Planning

·      Charlton - Hedge overhanging footpath. 

 

vi) FoI Requests

No current requests.

 

vii) Illegal Roadside Ripping – Report – Anthony Judd

§  Dumosa (various roads – 31kms).

 

viii) Risk

 

i)   Public Risk Incidents

1)  Sea Lake (2012) – trip

2)   Sea Lake (2012) – fall

3)   Donald (2012) – fallen branch

4)   Buckrabanyule (2012) – Cattle on road

5)   Birchip (2012) – trip  

6)   Culgoa (2012) – fallen branch  

7)   Donald (2012) – fall

8)   Donald (February) – trip

9)   Charlton (March) – dog attack

10)  Sea Lake (March) – trip

11)  Sea Lake (April) – unregistered dogs

12)  Donald (June) – dog rush. 

13)  Donald (June) – unsightly property

14)  Watchem (June) – unsightly property.

15)  Cope Cope (June) – unregistered dogs, unsightly property and illegal storage (principally rubbish)l on VicTrack land

16)  Donald (June) – dog attack/rush

17)  Watchem (July) – unregistered dogs

18)  Birchip (July) – trip  

19)  Berriwillock (August) – dog attack

20)  Wycheproof (August) – stone thrown by whipper snipper

21)  Wycheproof (August) – trip

22)  Birchip (August) – vehicle damage

23)  Birchip (August) – vandalism

24)  Charlton (August) – roadside theft

25)  Birchip (September) – vehicle damage

26)  Donald (September) – Attempted break-in

27)  Donald (September) – trip

28)  Wycheproof (September) - vandalism

.    

ii)  Risk Register

iv) Updated register available for review on Dashboard.

 

iii) Staff Incident Reports

 

1)  Nullawil – Front deck mower – Damage to the blades of a front deck mower.  No injury to staff member.  An incident report is being prepared.

           

4.   WorkSafe

 

1)   Nil      

      

5.   Insurance

 

1)   Nil

 

6.   Governance

          

iii) Council Plan 2013-2017 – Adopted in principle 25 July. On public exhibition..

 

iv) Code of Conduct for Staff – Draft Staff Code prepared and currently being reviewed.

 

v)  Ordinary Meetings of Council – Progress of Actions from Minutes

 

 

 

Audit Advisory Committee – Progress of Actions

 

 

ISSUE #	DATE REFERENCE	ACTIONS	ACTION TAKEN	RESPONSIBLE PERSON INCLUDING ANTICIPATED COMPLETION DATE
1	Nov 2011	Internal Auditors to review compliance with the new financial management compliance framework and update schedule.	Included in 2013-2105 Internal Audit Plan.   Project has been scoped. (Appendix 4 – Risk Review & Proposed Internal Audit Plan.	Manager Finance:  Completed
2	Nov 2011	Committee strongly recommends as a matter of urgency Buloke look at the quality of internal reporting.	Financial reporting upgrades still in progress.   Quality of financial reporting has been improved.   Committee has endorsed improvements to date.   New templates to be ready for July 2013 Management Report	Manager Finance: Improvements to be completed by 30 June 2013.
3	May 2012           May 2013	The Committee requested an action plan be prepared based on the VAGO fraud audit report.     Committee is seeking more information on specific actions such as staff training, and policy and procedure reviews	Action plan developed.   Progress against the Action Plan reported to each Audit Advisory Committee meeting.   Fraud awareness integrated inot revised Induction Manual.   Specific fraud prevention training instigated.   Cash handling procedures reviewed	Manager Finance: Completed         CEO: By 30 September 2013.
4	May 2012/May 2013	Audit Committee Self Assessment to be an Agenda Item for next Committee meeting.	Self assessment questionnaire distributed.   Committee members to return to Internal Auditor.   Internal Auditor to table report at next meetings.   Item to be included as an agenda item for September 2013 meeting.	Manager Finance: 30 September 2013.
5	Nov 2012/May 2013	Committee to be updated on Project based accounting system being developed by Geoffrey Ballard for tracking major flood related road projects.	System currently being developed.   Committee to be forwarded information when it is available.	Manager Finance: 31 May 2013
6	Feb 2013/May 3103	The Committee suggested that the Risk Officer look at the Fraud Risk Register. Unfavourable comments put in brackets for comparison.	Fraud Risk Register currently being reviewed.   Risk Officer meeting with LOGOV consultant in May 2013 to agree on format.   For review at September Committee meeting	Risk Officer: 31 August 2013
7	May 2013	The Committee requested a likelihood table for the Internal Audit Plan.	For review at September Committee meeting	Manager Finance and Internal Auditor: 30 September 2013.
8	May 2013	The Committee requested to see a calendarisation of the balance sheet.	For review at the September Committee Meeting	Manager Finance: 31 August 2013
9	May 2013	Risk Register - The Committee requested confirmation on the rating of high re: Legislative Requirements, RM30.	For review at the September Committee meeting	CEO: 31 August 2013

 

7.   Financial

                

a)    Management Reporting

  Further revisions to the Monthly Reporting format are being discussed with the Local      Government Victoria Monitor.

 

      b) Internal Audit Program

·  Internal Audit Reports

o  Draft Report on Budget Planning prepared 

 

c)   NDRRA Flood Repair/Restoration

 Acquittal of expenditure and grant funds received is continuing.

·   A claim for the period January 2011 to end January 2012 has been lodged.  .

·   A claim, for the period February 2012 to end May 2012 has been lodged.

·   A claim for the period June 2012 to December 2012 has been lodged.

·   A claim for the period 1 January 2013 to 30 June 2013 has been lodged

·   C06 Reporting

o  Fortnightly Status Report From C12 Contractor posted to Councillor Information Board (Big Tin Can)

o  Draft revised report structure tabled for discussion and feedback

           

8.   Staff

New Appointments 

   Nil

 

Resignations/Departures

Jennifer Mead – Direct Care Worker 

 

9.   Major Projects (Projects with a value of over $100,000, projects carried over from previous year or projects of special interest)

 

i)   Donald Storm Water Re-use System – Negotiation of end-user agreement

·       Further discussion held with GWM Water 9 August 2013, Revised draft has been agreed.

 

ii)  Charlton Recreation Reserve – Connection to AWB Dam

·       Meeting with AWB held 27^th March.

·       Draft MoU prepared and currently being reviewed.

·       Review of construction plans being undertaken to ensure there have been no new matters to be considered since the design was completed.

·       Project remains within budget

 

iii)  Traveller’s Rest, Charlton – Manager’s Residence and Information Centre

·      Further discussion with the Traveller’s Rest Committee regarding the scope and financing of the project concluded.

·      Project to be split into two tenders – provision of Services and Construction of Residence/Information Centre

·      Overall project costs remain a concern. Project may need to be re-scoped to meet Budget constraints.        

 

iv) Donald Family Services Centre

·       Detailed project plan being prepared

·       Meeting with architects scheduled for late August.

·       Project estimates remain current

 

v)  Charlton Park Community Building

·       EOI Process completed – 5 companies invited to tender

·       Project Committee meetings continuing

·       Estimated cost for preparation of drawings within Budget

·       Quantity surveyor estimates have been obtained to guide overall project budget     

 

 

vi) Berriwillock Community Centre

·      Construction timeframe has fallen 3 weeks behind schedule. Practical completion for CFA fire shed met.

·      Practical completion of Community building meeting scheduled 18^th September

·      Meeting held with Community Centre Management Committee 2^nd September

·      Project remains within Budget.

 

vii) Charlton Skate Park

·       Design brief prepared and quotations to be sought

·       Project to be designed to allocated budget.

 

viii)  Birchip Bowling Club – Artificial Green

·       Discussion continuing with Birchip Bowling Club

·       Design and construct specification in draft form.  

 

ix)      Green Lake – Water Loss

·       Green Lake Committee have advised the results of their further investigation of ground conditions. Results confirm the need for sealing of sections of the Lake. 

·       The Committee are liaising with DSE in regard to possible funding sources..

 

x)       Charlton Swimming Pool – Pool liner and pipe-works.

·       Preliminary designs reviewed and referred back for amendment

·       Project likely to be tendered winter 2014

·       Project remains within budget.  

 

xi)      Sea Lake Pool – Pool Liner and Pipe-works

·     Works to be completed end of September

·     Project remains within budget.

 

xii)     Charlton Angling Club – Installation of Boat Ramp

·     Permits have lapsed and new approvals are being sought

·     Club has been unsuccessful with an application for funding for the Cultural Heritage Study (estimated cost $14,000)

·     The Club has been advised that no exemption will be given in regard to the need to meet Cultural Heritage requirements. 

·     The project being reconsidered.

 

xiii)     Donald Airport – Power Upgrade

·     Principal works completed

·     Minor works to be completed by local electrician

·     Project within budget.

 

xiv)    Donald Scout Hall/Angling Club

·      Works on site continuing

·      Project funding being managed external to Council. No Council contribution.

·      Meeting held to organise

 

xv)     Wycheproof Pool – Change Rooms (2014/15 Project)

·      Funding application lodged

·      Sources of other funding being researched

 

              xvi)  Heavy Plant Replacement - Jetpatcher

·    Tender let

·    Jetpatcher delivered 18 September 2013 and staff inducted.

 

  xvi)  Rupanyup Road – Re-sheet

·      Re-sheet program scheduled for February 2014

 

xvii)  Charlton Flood Study – Levee Detailed Design

·      Funding application submitted

 

 

xviii)  Charlton Flood Study – St Arnaud Road Floodway

·      Funding application lodged

 

xix)  Donald Flood Study – Levee Detailed Design and First Stage Development

·      Funding application lodged

 

10. Flood Update

i)   General Update on Recovery Activities

·      Charlton Flood Plan

o  Funding application to Government for preparation of detailed designs under NDRGS submitted.

·      Donald Flood Plan

o  Funding application to Government for preparation of detailed designs and Stage One works under NDRGS submitted.

·      Community Events

o  ‘Stories from the Flood’ publication proceeding.  

·      Rural Support

o  Fire Shed schedule for 2013 has been distributed.

o  ‘Farm Gate’ visits continuing.

·      Wycheproof Community Flood Mapping Meeting – Meeting held on 24 April 2012. Feedback not yet received.

·      Culgoa Flood Study – Mallee CMA has held an initial meeting with the Culgoa community.

·      Flood Preparedness Plans

o  Plans developed for Charlton, Donald and Culgoa but still with VicSES for final release.

 

ii)  Community Recovery Committee Activities

·      Charlton - Committee meeting as required

·      Culgoa – Committee to meet as part of the Culgoa Development Group meeting.

·      Donald – Committee meeting on an as needs basis. 

·      Wycheproof – Meeting with NCCMA to undertake flood mapping held on 24 April 2012. No feedback yet received.

 

11. Council Policy and Strategy

i) Residential Land Study, Rural Living Review and Industrial Land Use Review – Ministerial authorisation to prepare an Amendment relating to Industrial Land following Council resolution at the April Ordinary Meeting received and Amendment on exhibition. Report to September or October Meeting.

 

ii)     Domestic Waste Water Management Plan

·    Project delayed until further resources available.

 

iii)  Public Health Sub-Plan of the Municipal Emergency Management Plan (MEMP) – Consultant engaged to prepare the Plan in accord with Department of Health (DoH) requirements. 

 

v)  Pre-School Cluster Arrangements

o Discussion regarding transfer of Sea Lake operating licence to Mallee Track is continuing.

o Transfer of operating licence for Charlton and Wycheproof to YMCA completed. Draft MoU has been forwarded to the YMCA for final review prior to signing.

 

vi) Municipal Flood Plan (MFP)

·  Work plan to review current Plan is still being developed.

·  Flood Safe plans for Donald, Charlton, Wycheproof and Culgoa are to be developed.

·  VicSES have provided a template for the development of a Municipal Flood Plan.

 

vii)   Management Reviews

 

a.   Road Maintenance Standards

Meetings of relevant staff are continuing. 

 

b.   Road Construction/Rehabilitation Decision Making Processes

Review has commenced using information and designs prepared as part of C06 as the base. 

 

c.   Economic Development – Review of Policies, Strategy and Approach

Draft strategy being completed

 

d.   S186 Committees of Management – Review of Governance, Risk Management and Financial Arrangements

        Progress reported to the July Ordinary Meeting

 

e.   Financial Sustainability and Affordability

·   Meetings held with Monitor in July

·   Information request received from Monitor and responded to

·   KPMG.(Forensic Audit) have completed initial data collection and advised they will be returning in August 2013. 

 

f.    Municipal Emergency Management Plan

o Meeting held with SES in July.

o Recruitment of Municipal Emergency Management Planning officer proceeding

 

g.   Maintenance of Sporting Grounds and Reserves (Anthony Judd lead Manager)

·      Progress report made to July ordinary meeting

·      Development of Management Manual continuing

·      Census of users/groups being considered.

 

h.   HACC Program - Delivered Meals

Internal review has commenced and draft report provided to the CEO for comment.

 

 

 

i.    Volunteer Support

·      Presentation made to Council 11 June 2013. 

·      Final report and support materials being prepared.  

 

j.    Road Management Plan

Report to October Ordinary Meeting.  

 

k.    Heavy Plant Maintenance

·      Quarterly meetings of Plant Group scheduled.

 

l.    Heavy Plant Replacement Program

·      Review of the future of Long Haul Cartage Trucks is continuing.

 

m.  Municipal Public Health and Wellbeing Plan  

·      Review meetings held with stakeholders in June 2013

·      Community consultation meetings held in Donald and Sea Lake

·      Draft Plan submitted for review

 

n.   Aquatic Strategy

i.     Consultant appointed

ii.     Consultation program commenced

iii.    Work program being developed – anticipated completion March 2014

 

o.   VicRoads Agency Arrangements

i.     Correspondence sent to VicRoads

ii.     Expressions of interest received from businesses/organisations in Wycheproof, Birchip, Charlton and Donald as a result of local press coverage

iii.    Meting to be arranged with VicRoads to determine process for dealing with possible transfer to other providers.

 

p.   Local Government Performance reporting Framework

i.     Version 1.2 of the Framework released by Local Government Victoria

ii.     Buloke participating as a pilot Council

iii.    Briefing of internal stakeholders held in August

iv.    Initial surveys being undertaken

 

 

12.     State Government Matters

 

·   VicRoads

 

Meeting held 12 April 2013. The following matters were discussed:

·      Calder Highway, Dumosa - Truck Stop

·  Design work for a toilet block has been completed and is likely to proceed in 2013/14 as a result of the Federal funding announcement.

·  Installation of rubbish bins to be considered in conjunction with the toilet development.

·  CFA Regional Officers have met with the Dumosa Brigade and advised the Dumosa Fire Shed will need to be relocated if the toilets proceed.

·      Nullawil Toilets and Wayside Stop

·  Remains a low priority by VicRoads

·  Highest priority is for Rest Areas on the Calder Highway corridor.

·      Intersection of Birchip/Nullawil Road and Calder Highway – Drainage Problems

·  Full survey of site has been completed and asphalt works are to be undertaken as soon as practicable in conjunction with other works in the Shire

o  Calder Highway, Sea Lake – Installation of Pedestrian Crossing

·  Works to occur before December 2012 pending VicRoads sourcing an available contractor.

o  Re-alignment Intersection Nullawil-South Road and Birchip-Nullawil Road to ‘T’ Intersection

·  No funds available due to closure of the ‘Grey Spot Funding’ program.

o  Calder Highway, Charlton – Truck Parking ‘Lizard’ Cafe

·  VicRoads will continue to monitor truck parking arrangements. No simple solution.

o  Borung Highway, Donald – Entrance to Donald Recreation Reserve

·  Council and VicRoads to work together on realignment of the entrance in accord with the Donald Reserve Master Plan..

o  Intersection Birchip-Wycheproof Road and Birchip-Dumosa Road

·  No funds available due to closure of the ‘Grey Spot Funding’ program.

o  Cumming Avenue, Birchip – Sand bag traffic island

·  Sand bags to be removed and replaced by line marking

o  Possible Grey Spot Funding Priorities (Works identified by Council)

·  Intersection of Sunraysia Highway and Racecourse Road Donald (comes into HWY on dangerous angle)(Requires Traffic Islands)

·  Intersection of Calder Highway and Patchewollock Sea Lake Road including width of the seal and alignment of the road (undulations) (comes into HWY on dangerous angle)

· Intersection of Birchip Sea Lake Road and  Marlbed Curyo Road

(comes into Birchip Sea Lake Road on dangerous angle)

·  Intersection of Sunraysia Highway and Birchip Rainbow Road (comes into Highway on dangerous angle) – VicRoads report one reported vehicle accident (2006).

·  Intersection of Sunraysia Highway and Kinnabulla West Road (Tree Trimming)

·  Intersection of Sunraysia Highway and Marlbed Road (Tree Trimming)

·  Intersection of Calder Highway and Warne Road (comes into Highway on dangerous angle)

·  Intersection of Calder Highway and Birchip Nullawil Road /Nullawil Quambatook Road (comes into Highway on dangerous angle)

·  Intersection of Calder Highway and Berriwillock North Road (comes into Highway on dangerous angle)

· Intersection of Donald Swan Hill Road and Nullawil Quambatook Road (comes into Highway on dangerous angle)

·  Intersection of Donald Swan Hill Road and Banyenong Jeffcott Road (comes into Donald Swan Hill Road on dangerous angle)

·  Intersection of Donald Swan Hill Road and Corack Wycheproof Road (comes into Donald Swan Hill Road on dangerous angle)

·  Intersection of Birchip Wycheproof Road and Dumosa Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2004).

·  Intersection of Birchip Wycheproof Road and Nullawil Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2012).

·  Intersection of Sunraysia Highway and Devon Park Road (comes into Highway on dangerous angle)

·  Intersection of Sunraysia Highway and Swan Water North Road (comes into Highway on dangerous angle)

·  Intersection of Boort Charlton Road and Borung Charlton Road (comes into Boort Charlton Road on dangerous angle)

·  Intersection of Boort Charlton Road and Jeruk River Road (comes into Boort Charlton Road on dangerous angle)

o  Culgoa-Watchupga Road Bridge

·    VicRoads is to carry out independent inspection to confirm that the damage was a result of flood damage

·    Onsite inspection of the intersection of the temporary bypass has been undertaken to address sight line and safety matters, including speed restrictions

o  Town Entrance Signs

·  Clarification sought on use of graphics on Town Entrance signs. VicRoads to provide advice.

o  Charlton and Donald Flood Plans

·  VicRoads confirmed they had received copies of the Plans and were currently reviewing the recommendations.

 

12. Federal Government Matters

 

iii) Review of Status of Aerodromes – Discussion paper distributed. No follow-up action yet taken. Advice received from CASA of a change in requirements for small airports. Information still being reviewed.

 

13. Community Matters

 

a)   Recreational Lakes

 

Wooroonook Lake

o  Emergency management plan and operational plans for caravan and camping facilities are still being prepared.

o  Staff have undertaken a further risk review in relation to signage and safety at the Lake in conjunction with Transport Safety Victoria. A number of recommendations have been made that are currently being assessed.

 

Green Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Correspondence sent to Minister for Ports advising that Council wishes to resign as waterway manager and transfer this responsibility to DSE. Response received advising that current arrangements should remain in place until DoT can determine the administrative procedures. Transport Safety Victoria have advised they are currently investigating the need for Council to continue to be the nominated waterway manager

o Committee continuing with geotechnical assessment of measures required to prevent water loss. .     

 

Tchum Lake

o Lake Committee is continuing to seek funding for preparation of a Master Plan to facilitate the development of on-site accommodation.

o Committee has instigated discussion with staff regarding the location and construction of on-site accommodation (cabins) 

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Review of Building Approvals for the ‘shelter’ has identified compliance problems. Action is being taken to address the identified problems. Inspection has identified that the Committee have made changes to the building which may require a Building permit.  Discussion to be held with the Committee.      

 

Watchem Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Lake Committee seeking funding for removal of trees along the walking path from the town to the Lake and for upgrade of the walking track.

o Lake Committee seeking funding assistance to upgrade access road around the lake.  Council resolved in December for staff to assist with seeking alternative quotations.     

 

Folletti Caravan Park Lake

o  Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o  Proposal for construction of new Scout Hall/Angling Club is proceeding. Scouts/Angling Club has sought quotes for construction of the building. Council will need to meet as the Committee of Management for the reserve to consider the project. Draft landscape plan received.

   

14. Vandalism

Birchip (August) – Graffiti in public toilets - The graffiti was in a cubical in the men’s toilet it was offensive in regards to two Birchip residents. The graffiti was removed. Victoria Police were advised of the incident.

    

 

 

 

15.  Other

 

a.   Culgoa-Watchupga Road Bridge – Update

 

b.   Annual Report – Discussion regarding progress of 2012/13 Annual report.  Councillors to receive a copy for adoption on Friday 27^th September 2013.

 

c.   Keep Australia Beautiful Awards -  The Victorian Awards are to be held in the Wycheproof Supper Room on 12  October 2013.  The following councillors and senior managers to attend:  Cr Mather, Cr White, Cr Milne, Cr Tellefson, Cr Pollard Gaynor Doreian and Judi Bird.

 

d.   Elstons Road, Dumosa – Correspondence received regarding Infringement Notice for damage to roadside native vegetation.

 

 

 

 

Meeting Closed at 8.55 pm

 

6.3       Building Permits - Monthly Update

Author’s Title:           Compliance Administration Officer

Department:              Office of the CEO                                            File No: DB/14/02

Attachments:

Nil

 

 

 

RECOMMENDATION   That the Council note information contained in the report on Building Permits approved by staff from 1st September 2013 to 30th September 2013.

 

1.       Executive Summary

This report provides information on Building Permits approved by staff from 1^st September 2013 to 30^th September 2013.

2.       List of Building Permits Approved by Council Surveyor

Permit No.	Address	Project Description	Value	Date Approved
20130124	10 Gregson Street, SEA LAKE	Extension: Carport & Verandah	$11,800	3/9/2013
20130126	457 Gil Gil Road, GIL GIL	New Building: Shed	$9,950	5/9/2013
20130127	130-136 Best Street, SEA LAKE	Alteration: Hotel Smoke Alarms	$2,000	6/9/2013
20130128	360 Ross Road, JERUK	New Building: Machinery Shed	$88,000	6/9/2013
20130129	63 Cumming Avenue, BIRCHIP	Alteration: Change of use Building to Dwelling and add Verandah	$2,400	6/9/2013
20130130	Watchupga East Road, WILLANGIE	Other: Assembly Building (Temporary Structure, Birchip Cropping Group)	$6,900	12/9/2013
20130131	18 Waugh Street, CHARLTON	Alteration: Restump Part of Dwelling	$9,700	17/9/2013
20130132	2471 Birchip-Wycheproof Road, NARRAPORT	New Building: Machinery Shed/Farm Shed	$33,000	17/9/2013
20130133	240 Best Street, SEA LAKE	New Building: Shed	$29,202	17/9/2013
20130134	Unit 25/20 Camp Street, DONALD	New Building: Dwelling	$190,000	20/9/2013
20130137	42 Watson Street, CHARLTON	New Building: Shed	$10,215	25/9/2013
20130138	2763 Calder Highway, Wycheproof	New Building; Farm Shed	$55,000	25/9/2013

 

3.       List of Building Permits Approved by Private Surveyors

Permit No.	Address	Project Description	Value	Date Approved
20130125	Golf Links Road, CHARLTON	Other: Swimming Pool & Pool Safety Barrier	$35,000	29/8/2013
20130099/2 Stage 2	4 Learmonth Street, CHARLTON	New Building: Charlton Hospital	$11,898707 (stage 2)	30/8/2013
20130135	11 Meyer Street, DONALD	New Building: Shed	$11,900	10/9/2013
20130136	1 Glowrey Street, BIRCHIP	Alteration: Alteration to Communication Tower	$15,000	13/9/2013

 

6.4       Planning Applications Received - Monthly Update

Author’s Title:           Planning Officer

Department:              Office of the CEO                                            File No: LP/09/01

Attachments:

Nil

 

 

 

RECOMMENDATION   That the Council note information contained in the report on planning applications under consideration by staff and the status of each of these applications.

 

1.       Executive Summary

This report advises provides information on planning applications under consideration by staff and the status of each of these applications.

2.       List of Planning Applications

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
510/13	Country Fire Authority	15 Best Street, Sea Lake	28/6/13	Emergency Services Facility	On hold, waiting for further information
515/13	Country Fire Authority	Hall Lane, Coonooer Bridge	6/8/13	Emergency Services Facility	Awaiting signing
517/13	Price Merrett Consulting	406 Broadway, Wycheproof	2/8/13	Three lot subdivision	Awaiting signing
520/13	GWMWater	Donald – St Arnaud Road (Sunraysia Highway)	6/9/13	Native Vegetation Removal	Referral
521/13	GWMWater	Charlton – Wycheproof Road (Calder Highway)	6/9/13	Native Vegetation Removal	Referral
522/13	Price Merrett Consulting	4907 St Arnaud – Wycheproof Road, Teddywaddy West	11/9/13	Two Lot Subdivision (Dwelling excision)	Referral

 

 

6.5       Planning Applications Approved By Chief Executive Officer

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: LP/10/01

Attachments:

Nil

 

 

RECOMMENDATION   That the Council note information contained in the report on planning permits that have been administered by the Planning Officer and approved by the Chief Executive Officer under Council’s delegated authority.

 

1.       Executive Summary

This report advises Council of the planning permits that have been administered by the Planning Officer and approved by the Chief Executive Officer under Council’s delegated authority.

2.  List of Planning Permits

Date	Permit No.	Applicant	Address and Project
20.9.13	517/13	Price Merrett Consulting on behalf of D Morrison P O Box 1172 Swan Hill Vic 3585	Lot 1 TP 373207F, Lot 1 TP 668982R and Lot TP 644705E  Pty No.  370 431 804   Known as 406 Broadway, Wycheproof   Three Lot Subdivision
28.8.13	518/13	S Goldsmith 457 Gil Gil Road Donald Vic  3480	Lot 1 PS 126165, Parish of Banyenong Pty No 180 413 503 Known as 457 Gil Gil Road, Donald   Development and Use of an Outbuilding
17.9.13	515/13	Peter Hansen on behalf of the CFA P O Box 701 Mt Waverley  Vic  3419	Hall Lane, Coonooer Bridge 3477 Pty No:  382 009 302   Development and Use of an Emergency Services Facility

3.       Certificates of Compliance

Date	Cert No.	Applicant	Address and Project
Nil.

4.       Consultation (Internal/External)

Consultation  with  the  respective  community  persons  and  relevant  authorities  has  been undertaken as required by the Planning and Environment Act.

6.6       Road Opening Permits - Monthly Report

Author’s Title:           Assets Engineer

Department:              Office of the CEO                                            File No: RO/14/1

Attachments:

Nil

 

 

 

RECOMMENDATION   That the Council note information contained in the report on Road Opening Permits.

 

1.       Executive Summary

To provide Council information on Road Opening Permits approved or not approved by Council from 1 September 2013 to 30 September 2013.

2.       List of Road Opening Permits Approved or Not Approved by Council

Road	Requesting Authority	Approved or Not Approved	Date
7 Donald Rd, Charlton, VIC 3531	Ms Lesley Cox,7 Donald Rd, Charlton, VIC 3531	Approved	26/9/2013

 

 

6.7       Letters of Congratulations and Recognition of Achievement/Awards

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: CR/13/01

Attachments:

Nil

 

 

 

RECOMMENDATION That the Council acknowledge and congratulate the persons and/or groups mentioned in the report for their achievements.

 

1.       Executive Summary

This report acknowledges and congratulates community persons and/or groups for their success in being recognised for a significant achievement or for being a recipient of an honourable award.

The report also informs Council of any letters of congratulations or any particular recognition of achievement that Council has received or been awarded in the past month.

 

2.       Recognition of Achievement Items

Provider	Recipient	Date	Purpose for Recognition
Nil.

 

 

 

6.8       Local Law Permits - Monthly Report

Author’s Title:           Compliance Officer - MFPO

Department:              Office of the CEO                                            File No: LA/16/02

Attachments:

Nil

 

 

 

RECOMMENDATION   That the Council note information contained in the report on Local Laws Permits approved by staff.

 

1.       Executive Summary

To provide information on Local Laws Permits approved by staff from 1 September 2013 to 30 September 2013.

 

 

2.       List of Local Laws Permits Approved by Compliance Team Leader

Permit No.	Address		Permit	Expiry Date	Date Approved
LL10/DK40/13	Shirewide	Fundraising		31/3/14	4/9/13
LL10/SF32/13	Charlton	Street Furniture		30/6/14	4/9/13
LL10/DK41/13	Wycheproof	Fundraising		24/12/13	13/9/13
LL10/DK42/13	Wycheproof	Fundraising		12/10/13	13/9/13
LL10/DK43/13	Charlton	Fundraising		12/10/13	18/9/13
LL10/DK44/13	Charlton	Fundraising		1/11/13	16/9/13
LL10/DK45/13	Charlton	Fundraising		5/10/14	18/9/13
LL10/DK46/13	Charlton	Fundraising		21/9/13	19/9/13
LL10/DK47/13	Birchip	Fundraising		16/10/13	19/9/13
LL10/DK48/13	Shirewide	Survey		11/10/13	19/9/13
LL10/DK49/13	Birchip	Fundraising		8/10/13	19/9/13

  

 7.         General Business

7.1       Policy Reports

7.1.1    Human Resources Policy Review

Author’s Title:           Human Resources Officer

Department:              Office of the CEO                                            File No: CM/14/14

Attachments:

1       ViewBullying Equal Opportunity Discrimination Sexual Harassment policy 2       ViewConditions of Employment policy 3       ViewDeclared Emergency policy 4       ViewDiversity Management policy 5       ViewEmployee Assistance Program policy 6       ViewGrievance policy 7       ViewLeave policy 8       ViewPerformance Management policy 9       ViewRecognition of Service policy 10     ViewRecruitment and Selection policy 11     ViewResignation and Exit policy 12     ViewReturn to Work policy 13     ViewTraining and Development policy 14     ViewWork Experience policy 15     ViewWorking from Home policy

Relevance to Council Plan 2013 - 2017

Objective:                            An organisation that values and supports the development of its people and is a employer of choice

Strategy:                              Continuing to improve the organisation and its people to provide our  community, businesses and visitors with the best possible services

Priority:                                Continue to provide flexible working arrangements and promote Council’s family-friendly policies   

 

 

RECOMMENDATION That the Council: 1.       Adopt the following Human Resources policies: Bullying, Equal Opportunity, Discrimination, Sexual Harassment policy; Conditions of Employment policy; Declared Emergency policy; Diversity Management policy; Employee Assistance Program policy; Grievance policy; Leave policy; Performance Management policy; Recognition of Service policy; Recruitment and Selection policy; Resignation and Exit policy; Return to Work policy; Training and Development policy; Work Experience policy; Working from  Home policy. 2.       Request the Human Resources Officer to provide all staff with access to the Human Resources policy suite using Council’s consultative mechanisms 3.       Note the removal of the following policies from the Human Resources policy suite: ·    Human Resources Policy No. 157 – Bullying policy ·    Human Resources Policy No. HR9 – Code Red policy ·    Human Resources Policy No. HR1.2 – Equal Opportunity policy ·    Human Resources Policy No. 153 – Harassment policy ·    Human Resources Policy No. HR2503 – Telephone Usage policy

 

1.       Executive Summary

Human Resource policies were adopted by Council from 2009 to 2011 as part of a general review of Human Resources, and Occupational Health and Safety policies.

 

Review of the existing Human Resources policies over the past twelve months has identified the need to amend the policies to ensure they are up-to-date and reflect current legislative and organisational requirements.

 

The review has particularly focused on the need for Council’s Human Resources policy suite to reflect amendments to federal and state legislation, Council’s Enterprise Agreement, and guidance notes issued by the Victorian WorkSafe Authority including, but not restricted to: the Fair Work Act 2009, Equal Opportunity Act 2010, and the WorkSafe publication “Workplace Bullying – Prevention and Response”.

 

Following a desktop audit it is proposed that the following four policies previously adopted by Council be removed from the policy suite and replaced with the revised policies as attached:

 

·    Human Resources Policy No. 157 – Bullying policy

·    Human Resources Policy No. HR9 – Code Red policy

·    Human Resources Policy No. HR1.2 – Equal Opportunity policy

·    Human Resources Policy No. 153 – Harassment policy

·    Human Resources Policy No. HR2503 – Telephone Usage policy

 

A summary of each of the revised Human Resources policies is set out in the discussion summary below.

2.       Discussion

Changes to the Human Resources policy suite from 2009 to 2011 were well received by managers, supervisors and staff within the organisation. 

 

The principle objective of the 2009 – 2011 policy review was to clarify the responsibilities of Council employees, managers and supervisors, to reinforce Council’s overall objective to be an ‘employer of choice’, and, to address a number of legislative and regulatory requirements under which Council operates.  This objective remains the same for the most recent Human Resources policy review process.

 

Slight amendments have been made to the following Human Resources policies to define changes in responsibilities or to reflect minor changes in work practices to the workplace culture of the Buloke Shire Council:

 

·    Diversity Management policy

·    Conditions of Employment policy

·    Employee Assistance Program policy

·    Recruitment and Selection policy

·    Resignation and Exit policy

·    Training and Development policy

 

Significant changes were made to the following Human Resources policies which are essential to comply with Federal and State legislation and address a number of staff-related matters and work practices unique to Buloke’s workplace culture hitherto not documented or addressed in existing policy documents:

 

·    Bullying, Equal Opportunity, Discrimination, Sexual Harassment policy

·    Declared Emergency policy

·    Grievance policy

·    Leave policy

·    Performance Management policy

·    Recognition of Service policy

·    Return to Work policy

·    Work Experience policy

·    Working from Home policy

 

A summary of the key components and any changes within these policies is set out below.

 

a)   Bullying, Equal Opportunity, Discrimination, Sexual Harassment policy

 

This policy is essential to comply with Federal Employment laws. 

 

The proposed policy seeks to provide information on the prevention and response to workplace bullying, harassment and discrimination with a primary focus on the early intervention of these issues. 

 

It includes the new WorkSafe definition for Bullying, which does away with the stipulation that bullying can be directed to both an individual and a group of individuals and does not distinguish between the period ‘direct’ and ‘indirect’ behaviours. 

 

The policy contains reference to Bullying, Harassment and Discrimination matters within the one document to prevent an overlap of issues and the potential for multiple complaints being made for the same issues.

 

Key components of the policy are as follows:

 

·    Identification of clear standards of behaviours that all employees are expected to comply with;

·    What occurs if there is a breach of policy;

·    How and where to report issues;

·    Where to get more information; and

·    Communication of the policy to all employees through training and induction.

 

b)   Conditions of Employment policy

 

The purpose of the proposed policy is to ensure Council effectively manage employment conditions to comply with federal and state legislation and associated regulations.  The aim of the policy is to ensure that conditions of employment are administered in a consistent and impartial manner, in order that integrity of information is maintained.

 

The policy guidelines outline the responsibilities of employees, supervisors, managers and human resources in relation to personnel administration, including but not limited to payment of wages, superannuation, higher duties, changes to employee details and Garnishee Orders.

 

c)   Declared Emergency policy

 

The proposed Declared Emergency policy is intended to replace the Code Red policy.

 

The proposed policy seeks to address some key matters identified during the 2011 floods, including the need for an employee to provide advice to his or her manager and/or supervisor regarding the employee’s whereabouts during an emergency; the appointment of a staff member to account for staff on Council worksites, and; advice by an employee to his or her manager and/or supervisor if the employee is engaged as an active member of an emergency service organisation.

 

d)   Diversity Management policy

 

The Diversity Management policy outlines Council’s commitment to establishing a positive workplace culture where everyone is treated with respect and individual differences are accommodated and celebrated. 

 

The policy recognises that utilising different employment practices and patterns for different groups of staff will contribute to organisational success; facilitate positive cultural change and contribution to the realisation of Council’s strategic objectives as contained within the Council Plan.

 

e)   Employee Assistance Program policy

 

The proposed policy sets out clear guidelines for work-based, early intervention strategies to ensure appropriate, timely and confidential referral services for staff and their immediate families.

 

An effective Employee Assistant Program will assist in increasing productivity, improve absenteeism and turnover costs, decrease work-related injuries or illness and enhance the relationship between managers and employees.

 

f)    Grievance policy

 

The proposed policy seeks to clarify the differences between a grievance complaint, and, a bullying and harassment complaint.  This is essential to ensure that there is not a misapplication in processes.

 

The policy recognises that the grievance process is not designed to replace normal channels of communication between supervisors and staff and should only be used when all other avenues of resolution, such as direct communication, have been exhausted and the grievance remains unresolved.

 

Key components of the policy include:

 

·    the need to ensure that grievances do not become entrenched

·    the need to resolve the disputes without delay in a manner that is fair, transparent and utilises the fundamental principles of natural and restorative justice

 

Matters excluded from this policy include any matters arising from the employment of an employee other than an action, in action or decision about:

 

·    a performance management process;

·    disciplinary action;

·    a lawful and reasonable direction of Council;

·    a dispute under Clause 12 of the Agreement;

·    a complaint that an employee has lodged with any external body or tribunal or court

·    a complaint under Council’s Bullying, Equal Opportunity, Discrimination, Sexual Harassment policy; and

·    a matter under Council’s Protected Disclosure policy.

 

The policy statement outlines the principles of effective grievance resolution, which should not be contrary to any legislation, Award, Agreement or Council policy.

 

g)   Leave policy

 

The purpose of the Leave policy is to set a consistent approach to managing leave entitlements to ensure Council’s leave liability is kept at a minimum level and that employees utilise their leave as a tool for achieving work-life balance and personal wellbeing. 

 

As part of its commitment to the local community, the Buloke Shire Council may grant leave to employees who are called upon to provide a form of community service, including emergency services, jury service, defence force or being called as a witness.

 

The Leave policy addresses changes to the Local Government (Long Services Leave) Regulations 2012, which provide for a minimum set of terms and conditions relating to Long Service Leave for staff employed by Local Government Authorities.

 

Employees are required to exhaust existing annual leave and rostered day off (RDO) entitlements prior to accessing long service leave.

 

h)   Performance Management policy

 

Performance management is an important function of human resource management practice within the organisation, as there are strong links between performance management and managing underperformance.

 

An employee’s failure to meet required standards of performance should be managed differently to a failure to meet required standards of behaviour or conduct.

 

While there are no express provisions in federal and state legislation that require Council to implement or adopt a fair performance management process, it is increasingly apparent from the application of unfair dismissal laws and general protections claims that employers are expected to act fairly prior to disciplining an employee for underperformance.

 

The purpose of the proposed policy is therefore to ensure that performance management and managing underperformance are procedurally fair.

 

The fundamental principles of performance management are as follows:

 

·    Employees should be informed of, and understand, the standards that are expected of them;

·    Supervisors should have regular, informal, performance-related discussions with their direct reports, throughout the year, at which feedback is provided;

·    Processes relating to an employee's failure to meet expected standards of performance should accord with policy and the principles of procedural fairness;

·    Employees should be given an opportunity to provide an explanation or response and have that response considered before a decision is made; and

·    the degree of seriousness, repetition and impact of the unsatisfactory work performance will determine the appropriate course of action.

 

i)    Recognition of Service policy

 

The proposed policy includes a provision for staff with over 25 years of continuous service with the Buloke Shire Council to receive a cheque to the value of $400.00 and a letter under seal following their resignation or retirement.

 

j)    Recruitment and Selection policy

 

Recruitment and selection of Council staff will be based on merit, in fair and open competition without patronage, favouritism or discrimination.

 

All employees, including casual and agency employees, are entitled to access employment, promotion, training, secondments and the benefits of employment on the basis of merit.  Employees will be assessed on the basis of their skills, qualifications, abilities, prior work performance and aptitude.

 

The proposed policy applies to all terms and conditions of the recruitment and selection process including, but not restricted to job analysis, selection processes, pre-employment checks, inductions and rates of pay or benefits.

 

 

 

k)   Resignation and Exit policy

 

The purpose of the Resignation and Exit policy is to ensure that employees leaving the organisation are treated fairly and equitably throughout the resignation and exit process. 

 

l)    Return to Work policy

 

Buloke Shire Council is beholden by the Accident Compensation Act 1985 and is committed to the timely reporting of incidents and early intervention at the workplace in order to enable an employee to remain at work, if appropriate.

 

Council will ensure that all necessary assistance and support is available for the employee to remain at work, or return to work as soon as possible. This will be achieved through appropriate occupational rehabilitation, risk management and the provision, so far as practicable, of safe and suitable employment.

 

Council will offer a return to work plan for all employees on extended leave. Extended leave is defined as an absence greater than three (3) months and may also include parental leave or periods of extended study leave.

 

m)  Training and Development policy

 

Council recognises that employee development is integral to the achievement of Council’s strategic objectives and future growth. Training and development aims at developing safe, highly skilled, knowledgeable and committed employees that will result in benefits to Council, its community and individual staff members.

 

Council is committed to developing the capacity of its employees and improving individual job satisfaction and career prospects. Council supports the provision of a broad range of employee development opportunities that will assist in promoting a positive organisational culture and work environment.

 

n)   Work Experience policy

 

Buloke Shire Council acknowledges the importance of providing opportunities for work experience students to gain a greater understanding of their area of interest.  This policy aims to strengthen Council’s link to the local community by providing a diverse range of work experience to Secondary, TAFE and University students.

 

The proposed policy defines the pay rates applicable for secondary and tertiary work experience students.

 

o)   Working from Home policy

 

Council recognises that promoting flexible working arrangements has mutual benefits in that Council stands to gain by attracting and retaining skilled employees, thereby maximising productivity.

 

Council anticipates that benefits of working from home arrangements may include higher productivity due to:

 

·    fewer interruptions;

·    less absenteeism; and

·    increased motivation and job satisfaction.

 

Employees wishing to work from home must apply to the Chief Executive Officer, or his or her delegate. Council will endeavour to accommodate Employees' requests for Working from Home Arrangements.

 

The Council workplace is the primary place of work, however, and Working from Home Arrangements will only be approved in certain circumstances and consideration will be given to:

 

·    whether some or all of the duties of the position are suitable to be performed offsite;

·    whether conducting some or all of the duties of the position offsite would unreasonably disrupt the flow of work and communication;

·    the extent to which supervision and/or input is required from other staff only available on Council worksites;

·    the proportion of activities which require face to face contact with other staff and the public and the potential impact (if any) on service delivery;

·    the ability of the employee to access relevant resources, secure/confidential information or equipment to undertake the duties of the position when working offsite;

·    the impact of the Working from Home Arrangement on other employees;

·    the availability of security measures in place for equipment and documentation that an employee requires to perform the duties offsite;

·    the reasons for the employee's request for Working from Home Arrangements;

·    the employee’s ability to demonstrate that he/she has a suitable and safe Home Office

·    the requirements of the Fair Work Act 2009, equal opportunity legislation and occupational health and safety legislation; and

·    any other relevant matters.

 

Redundant policies

 

It is proposed that the following policies are removed from the Human Resources policy suite following adopting of the Bullying, Equal Opportunity, Discrimination, Sexual Harassment policy:

 

·    Human Resources Policy No. 157 – Bullying policy

·    Human Resources Policy No. HR1.2 – Equal Opportunity policy

·    Human Resources Policy No. 153 – Harassment policy

 

The key components of the above policies have been incorporated into the Bullying, Equal Opportunity, Discrimination, Sexual Harassment policy.

 

It is also recommended that Human Resources Policy No. HR2503 – Telephone Usage policy and Human Resources Policy No. HR9 – Code Red policy are removed from the Human Resources policy suite.  Key components of the Telephone Usage policy are incorporated into Council’s Code of Conduct for Councillors and Staff, and, existing Information Communication and Technology policies.  The primary objectives of the Code Red policy have been incorporated into the Declared Emergency policy.

3.       Financial Implications

Annual operating costs associated with the Human Resources policy suite, including costs incurred for recruitment activities, training and development and work experience activities, are already contained within Council’s budget provisions. 

 

Council’s 2012/13 WorkSafe premium was $353,244.  It is anticipated that the 2013/14 WorkSafe premium will decrease by up to 36% (or $125,000) based on information provided by Council’s WorkSafe Authorised Insurer.  Costs associated with WorkSafe premiums are contained within Council’s budget provisions.

4.       Community Consultation

Nil

5.       Internal Consultation

Consultation with the Staff Consultative Committee, Extended Management team and Senior Management team has been an integral part of the review process.

 

The review process also included consultation with Council’s Solicitors (Maddocks), Council’s Human Resources and Industrial Relations Advisors (Victorian Chambers of Commerce and Industry (VECCI)), Council’s WorkSafe Authorised Insurer and Consultants.

 

Where appropriate, discussion was also held with Human Resources professionals from other Local Government Authorities, Water Authorities and the private sector.

6.       Legislative / Policy Implications

The Human Resources policies address a number of legislative requirements, regulatory requirements and industrial instruments.  Reference to specific legislation, regulations or industrial instruments are made within each of the policy documents.

7.       Environmental Sustainability

Nil

8.       Conflict of Interest Considerations

Nil

9.       Conclusion

Policies are a means for clarifying expected standards of behaviour, and, providing information and guidance in relation to Council’s core values and legislative responsibilities.  They provide a framework within which Council’s objectives, processes and commitment to best value practices are articulated.

 

The consistent interpretation and application of the proposed Human Resources policies mitigate against workplace issues escalating into entrenched behaviours. 

 

It is recommended that Council adopt the Human Resources policies listed in this report and remove the following policies from the Human Resources policy suite:

 

·    Human Resources Policy No. 157 – Bullying policy

·    Human Resources Policy No. HR9 – Code Red policy

·    Human Resources Policy No. HR1.2 – Equal Opportunity policy

·    Human Resources Policy No. 153 – Harassment policy

·    Human Resources Policy No. HR2503 – Telephone Usage policy

 

 

 

	Policy Title	Bullying/Equal Opportunity/Discrimination/Sexual Harassment Policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	1	Revision Date	9 October 2016

Purpose

The purpose of this policy is to:

·    assist Council to meet its obligations and responsibilities under occupational health and safety, anti-discrimination and equal opportunity legislation;

·    provide information and clear guidelines to Supervisors, Workers and all other relevant persons on expected standards of behaviour and responsibilities; and

·    provide mechanisms for dealing with allegations of Discrimination, Vilification, Sexual Harassment, Bullying and Victimisation.

 

This document represents the current policy of Council until it is revised or rescinded.

Scope

This policy applies in any situation where there is a connection with work including, but not limited to, work performed away from the office, work functions, conferences, office parties and business trips, even if these occur outside of work hours and/or away from Council's premises.

This policy applies to all Workers.

Definitions

In this policy – 

“Agreement” means the Buloke Shire Council Enterprise Agreement No. 5 2011, or any successor industrial instrument.

“Complainant” refers to the Worker making the allegation of Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation.

"Council" means Buloke Shire Council.

"Respondent" refers to the Worker alleged to have engaged in Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation and who is responsible for responding to the complaint.

"Supervisor" means a person who manages or supervises the duties of a Worker.

"Worker" means a Council employee, contractor, volunteer, Councillor or work experience student.

The terms Discrimination, Attribute, Vilification, Sexual Harassment, Bullying and Victimisation are defined below.

Policy Statement

Council recognises its responsibilities and obligations under occupational health and safety, anti-discrimination, equal opportunity legislation and the Agreement.  Council aims to provide so far as is reasonably practicable a safe working environment where all Workers are treated with dignity, courtesy and respect.

Council considers that Discrimination, Vilification, Sexual Harassment, Bullying and Victimisation by or towards Workers is unlawful and an unacceptable form of behaviour that will not be tolerated under any circumstances. 

The policy excludes disputes arising under Clause 12 of the Agreement or a grievance lodged under Council’s Grievance Policy.

All Workers are expected to familiarise themselves with, and adhere to, this policy as amended from time to time.

Preamble

This policy is designed to ensure that all Workers understand their rights and responsibilities and through this understanding, behave in ways that demonstrate mutual respect.

Workers must:

·    not Discriminate against a job applicant, another Worker or any other person in connection with work;

·    not subject a job applicant, another Worker or any other person in the workplace to Vilification in connection with work;

·    not Sexually Harass a job applicant, another Worker or any other person in connection with work;

·    not Bully a job applicant, another Worker or any other person in connection with work;

·    not Victimise a person who has made a complaint about Discrimination, Vilification, Sexual Harassment or Bully or Victimise a person involved in the investigation of a complaint brought under this policy;

·    not assist or encourage another person to Discriminate against, Vilify, Sexually Harass, Bully or Victimise another;

·    not make a complaint of Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation in bad faith or for an ulterior motive;

·    offer support to anyone who feels they are being Discriminated against, Vilified, Sexually Harassed, Bullied or Victimised;

·    maintain privacy and confidentiality (to the extent permitted by law) during investigations into allegations brought under this policy;

·    immediately report Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation to their Supervisor; and

·    comply with this policy.

In addition to the above, Supervisors must:

·    take reasonable steps to ensure that, as far as practicable, job applicants, Workers and any other people in the workplace are not exposed to Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation;

·    personally demonstrate appropriate behaviour;

·    promote and enforce this policy;

·    treat all complaints brought under this policy seriously;

·    not disclose information provided by a Complainant without their consent (unless required by law);

·    take reasonable steps to ensure where a person lodges, or is a witness to, a complaint brought under this policy, that the person is not victimised; and

·    ensure, as far as practicable, that all Workers for whom they are directly responsible attend and actively participate in training, education and awareness activities.

Supervisors who knowingly tolerate Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation in the workplace may be guilty of misconduct and dealt with in accordance with Council's Code of Conduct. 

In addition to the above, Human Resources must on a regular basis, organise and develop relevant training, education and awareness strategies for the prevention of Discrimination, Vilification, Sexual Harassment and Bullying for all Workers.

If there is no complaint, but management is aware that any form of Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation is possibly occurring, management must address the issue promptly in consultation with Human Resources.

What is Discrimination?

Discrimination may be direct or indirect.

Direct Discrimination means treating, or proposing to treat, another person with an attribute (listed below) unfavourably because of that attribute.

For example, direct discrimination would include not allowing a person to participate in work-related training because they are pregnant.

It is irrelevant whether or not the person is aware that his or her conduct is discriminatory. It is also irrelevant whether the attribute was the reason for the discrimination or one of a number of reasons for the discrimination.

Indirect Discrimination means requiring, or proposing to require, a person with an attribute (listed below) to comply with a requirement, condition or practice that has, or is likely to have the effect of disadvantaging people with that attribute and that is not reasonable.

Whether a requirement or condition is reasonable depends on all the relevant circumstances of the case, including:

·    the nature and extent of the disadvantage resulting from the imposition of the requirement or condition;

·    whether the disadvantage is proportionate to the result sought by the person imposing the requirement or condition;

·    the costs of alternative requirements or conditions;

·    whether reasonable adjustments or accommodation could be made to the requirement or condition to reduce the disadvantage caused; and

·    the financial circumstances of the person imposing, or proposing to impose, the requirement or condition.

In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the Discrimination.

Attributes

Discrimination on the basis of the following attributes is not permitted:

·    age;

·    breastfeeding;

·    employment activity;

·    family responsibilities;

·    gender identity;

·    impairment/disability;

·    industrial activity;

·    intersex status;

·    irrelevant criminal record;

·    lawful sexual activity;

·    marital or relationship status;

·    parental status or status as a carer;

·    physical features;

·    political belief or activity;

·    pregnancy;

·    race;

·    religious belief, activity, appearance or dress;

·    sex;

·    sexual orientation; and

·    personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.

What is Vilification?

Vilification means engaging in conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of another person or class of persons because of the person's race, religion, gender identity or sexuality or because the person is infected with HIV or AIDS or is thought to be infected with HIV or AIDS.

Vilification may occur due to conduct on a single occasion or conduct on numerous occasions.

What is Sexual Harassment?

Sexual Harassment is any unwelcome sexual advance, or unwelcome request for sexual favours from a person, or any other unwelcome conduct of a sexual nature which, having regard to all of the circumstances, a reasonable person would have anticipated as being offending, humiliating or intimidating.

Sexual Harassment:

·    is not friendship, mutual attraction or consensual behaviour;

·    can occur at work or outside the workplace e.g. social functions;

·    may be one incident or a series of incidents.

Examples of Sexual Harassment include:

·    unnecessary familiarity such as deliberately touching, fondling, patting or pinching;

·    making any gesture, action or comment of a sexual nature in a person's presence;

·    displaying sexually offensive material, pictures or objects including posters and material on the internet;

·    persistent questions about a person's private life, or comments about their appearance or dress.

Sexual Harassment occurs if a reasonable person would anticipate that the person harassed would be offended, humiliated or intimidated by an action. Behaviour or conduct can be found to be unlawful whether harassment was intended or unintended.

What is Bullying?

Bullying is persistent and repeated negative behaviour directed at a Worker that creates a risk to health and safety. In particular, it may involve behaviour that a reasonable person, having regard for the circumstances, would see as unreasonable because it is victimising, humiliating, intimidating or threatening. Bullying does not have to be deliberate for conduct to constitute Bullying behaviour.

Examples of Bullying behaviour may include:

·    yelling, screaming, abusive language;

·    continually criticising or belittling someone;

·    isolating or ignoring a Worker;

·    psychological intimidation;

·    undermining work performance by deliberately withholding vital information and resources;

·    practical jokes.

It should be noted that organisational processes and practices, such as:

·    performance management processes;

·    disciplinary action;

·    allocation of work for valid business reasons;

·    organisational change;

·    downsizing,

are not incidents of Bullying.

This policy is not intended to cover situations where a Worker has a grievance about a legitimate and reasonable organisational processes and practices, such as one or more of the practices listed above. This policy is also not intended to diminish Council's managerial prerogative to direct and control how work is done in Council other than in terms of ensuring, so far as is practicable, the health and safety of Workers.

What is Victimisation?

Victimisation means subjecting, or threatening to subject, a person to any detriment because that person has made a complaint about the behaviours described in this policy or was involved in an investigation of a complaint brought under this policy.

Guidelines

Workers who believe that they are being Discriminated against, Vilified, Sexually Harassed, Bullied or Victimised may, if they feel comfortable and safe doing so, inform the person who is behaving inappropriately that their behaviour is offensive, unacceptable, against Council's policy and that they want it to stop immediately.

If the person is not comfortable speaking with the person directly, or the person's behaviour does not change, the Worker should raise concerns with his or her relevant Supervisor or Human Resources about the behaviour.

A Worker may also raise concerns with his or her relevant Supervisor if they are concerned that another Worker has been subjected to Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation.

The Complainant may discuss with their Supervisor or Human Resources, whether they think the matter can be resolved by informal mediation/conciliation conducted by, or with the assistance of, Human Resources.

Council may investigate a complaint impartially, confidentially and in a timely manner. The investigation should be undertaken in conjunction with Human Resources and senior managers are responsible for initiating an investigation to a complaint, generally within three (3) business days.

During the investigation, the following may occur:

·    the Complainant may be interviewed to obtain details of the complaint;

·    the Respondent may be interviewed regarding the complaint; and

·    all relevant witnesses may be interviewed and all relevant documents may be reviewed.

Council may then form a view as to whether the conduct alleged in the complaint occurred and will inform the Complainant and Respondent of its findings.

The Complainant and Respondent will both have the opportunity to put their views regarding the complaint, and to respond to any issues raised during the investigation.

All parties may have a support person during the complaints process but are not obliged to do so. All parties may also receive assistance and support under Council’s Employee Assistance Program Policy and Procedures but are no obliged to do this.

Possible Outcomes

If a complaint brought under this policy is found not to be proven, no further action will be taken against the Respondent to the complaint. However, Human Resources may monitor the situation and remind all staff of Council's expectations in relation to appropriate workplace behaviour.

If the complaint is found proven, Council may take disciplinary action against the Respondent (depending on the severity of the behaviour), as outlined in 'Breach of this Policy' below.

Record Keeping

Council is responsible for retaining all documentation arising from a complaint made under this policy in line with the Local Government Records Management Disposal Schedule.

Council may record the findings of an investigation on personnel files. Advice given or agreements reached as to future handling of the matter may also be documented.

Breach of this Policy

Council may take disciplinary action against a Worker who is found to breach this policy:

Disciplinary action may include:

·    counselling;

·    verbal or written warning;

·    transfer; or

·    termination of employment, either with or without notice.

Other matters

Complaints should not be frivolous, vexatious or malicious. If the complaint is not considered to be genuine, the relevant Supervisor may (after consulting with Human Resources) choose not to proceed further with the matter and notify the parties accordingly. Disciplinary action in accordance with the relevant policy may apply where a Worker has made an allegation of Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation that is demonstrably frivolous, vexatious or malicious.

Workers have the right to withdraw the complaint in writing at any time. Council may, however, continue to investigate the complaint in order to comply with obligations under occupational health and safety or anti-discrimination law.

Anonymous complaints cannot be acted on by Council in ordinary circumstances.

Supervisors must provide all documentation relating to allegations of Discrimination, Vilification, Sexual Harassment, Bullying or Victimisation to Human Resources, once completed.

References

This policy was developed in accordance with the following legislation:

·    Australian Human Rights Commission Act 1986

·    Charter of Human Rights and Responsibilities Act 2006

·    Crimes Act 1958

·    Disability Discrimination Act 1992

·    Equal Opportunity Act 2010

·    Fair Work Act 2009

·    Occupational Health and Safety Act 2004

·    Racial and Religious Tolerance Act 2001

·    Racial Discrimination Act 1975

·    Sex Discrimination Act 1984

This policy was developed in accordance with the following documents:

·    Buloke Shire Council Enterprise Agreement No. 5 2011

·    Buloke Shire Council Code of Conduct

·    Buloke Shire Council Performance Management Policy

·    Buloke Shire Council Occupational Health and Safety Policy

·    Buloke Shire Council Employee Assistance Program Policy

 

 

	Policy Title	Conditions of Employment policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	2	Revision Date	9 October 2016

Purpose

The purpose of the Conditions of Employment policy is to provide clarity and understanding for Buloke Shire Council employees with regard to general conditions of employment and personnel administration.  Standard guidelines are defined which must be followed to ensure legislative requirements are met.

Scope

This policy applies to all Buloke Shire Council employees but does not include those that work on a volunteer or unpaid basis. 

Definitions

In this policy –

“Employee” means a person employed under a contract of employment or contract of training.

“Agreement” refers to the Buloke Shire Council Enterprise Agreement No.5 2011.

“Award” refers to the Victorian Local Authorities Award 2001.

“Salary Sacrifice” means an arrangement by which an employee agrees to forego part of their future salary or wages in return for Council providing benefits of a similar value.

“Salary Sacrifice Arrangement” means a contractual agreement to alter an employee’s salary package by exchanging part of their future salary or wages for another benefit.

 “Higher Duties” means an employee undertakes additional and higher level duties on a temporary basis.

“Documentary Proof” means the original of a statutory declaration, marriage certificate, birth certificate or passport.

“Records” means personnel records.

“Personal Details” means name, address, phone numbers, emergency contacts, medical conditions and bank details.

“Relevant Manager” refers to the Senior Manager of the department in which the employee works.

“Child Support” refers to the court ordered fund to assist separated parents to take responsibility for the financial support of children. 

Policy Statement

Council is committed to effectively managing employment conditions in compliance with Federal and State laws and regulations.  Conditions of employment will be administered in a consistent and impartial manner to ensure that Council integrity is maintained.

Guidelines

1.    PAYMENT OF WAGES

1.1.     Employees will be paid on a fortnightly basis.

1.2.     Approved timesheets must be submitted by noon on the Monday following the pay period end.

1.3.     The provisions of Clause 23 under the Agreement shall apply to all employees.

1.4.     Each employee is responsible to ensure they monitor their wages as they are displayed on their pay advices.

2.    SUPERANNUATION

2.1.     The provisions of Clause 26 of the Award and 45 of the Agreement shall apply to all employees.

2.2.     Human Resources are solely responsible for retaining all documentation concerned with employee’s superannuation choice, in line with the Local Government Records Management Disposal Schedule.

3.    SALARY SACRIFICE / PAYROLL DEDUCTIONS

3.1.     The provisions of Clause 28 and 23A of the Agreement shall apply to all employees.

3.2.     Salary sacrifice arrangements must be requested in writing by the employee.

3.3.     The Chief Executive Officer, after consultation with the relevant Manager, is solely responsible for authorising all salary sacrifice arrangements.

3.4.     Deductions must be authorised in writing by the employee.  Employees are encouraged to seek independent financial advice before authorising deductions from their wage.

3.5.     Amounts deducted will be clearly displayed on pay advices.

3.6.     Human Resources are solely responsible for retaining all documentation concerned with salary sacrifice arrangements and deductions, in line with the Local Government Records Management Disposal Schedule.

4.    PAY IN ADVANCE

4.1.     Applications for pay in advance should be made to the Chief Executive Officer in writing. 

4.2.     The Chief Executive Officer, after consultation with the relevant Manager, is solely responsible for authorising all pay advances.

5.    HIGHER DUTIES

5.1.     The provisions of Clause 24 of the Award and Clause 26 of the Agreement shall apply to all employees.

5.2.     Employees (other than physical/community services employees as defined under the Award) who are required to take on additional and higher level duties will receive payment for higher duties for a period of one (1) or more days.

5.3.     Where an employee is required to take on additional and higher level duties any overtime will be paid at the higher duty rate for that period.  Leave and public holidays will be paid at the employee’s substantive rate of pay, unless otherwise agreed and approved by the Chief Executive Officer.

 

 

6.    CHANGE OF EMPLOYEE DETAILS

6.1.     Each employee is responsible to ensure all employee details retained by Human Resources are current and up-to-date.

6.2.     Each employee is responsible to ensure Human Resources are notified of change of employee details, including but not limited to any changes to conditions on his or her driver licence.

6.3.     Employees requesting to change their name on Council records must supply documentary proof to the Chief Executive Officer.

6.4.     The Human Resources Officer is solely responsible for retaining all documentation concerned with changes to employee details, in line with the Local Government Records Management Disposal Schedule.

7.    ACCESS TO PERSONNEL FILES

7.1.  Each manager, supervisor and employee is responsible to ensure requests for access to personnel files are made 48 hours in advance.

7.2.  Each manager and supervisor will only be permitted access to the personnel files of their direct reports.  Personnel files shall not be removed from Council’s corporate office.

7.3.  Employees seeking to access their personnel files must request to do so in writing and will be required to view their personnel file in the presence of the Human Resources Officer or the relevant manager. 

7.4.  The Human Resources Officer and relevant manager are responsible to ensure employees do not place or remove any documentation on their personnel file.  Managers and supervisors must not remove documentation from any personnel file.

7.5.  Employees may request copies of documentation on their personnel file. All requests must be submitted in writing to the Chief Executive Officer. Such requests will not be unreasonably denied.

7.6.  The provisions within the Freedom of Information Act 1982 and/or the Accident Compensation Act 1985 shall apply to all third parties requesting access to personnel files.

8.    CHILD SUPPORT

8.1.  The provisions of the Child Support (Registration and Collection) Act 1988 shall apply to all employees.

9.    GARNISHEE ORDERS

9.1.  The provisions of federal and state legislation in relation to garnishee orders shall apply to all employees as required.

10.  REIMBURSEMENT OF PROFESSIONAL MEMBERSHIP

10.1.  The reimbursement for professional membership is at the discretion of the Chief Executive Officer.

11.  TRAVEL FOR WORK

11.1.  The relevant Manager is responsible for approving work related expenses associated with work related travel.  The Manager and Supervisor may require proof of work related activity prior to approving an application for work related expenses.

11.2.  The provisions of Clause 23 of the Award shall apply to all employees. 

 

References

Legislation

This Policy was developed in accord with the following legislation:

§ Victorian Local Authorities Award 2001

§ Fair Work Australia Act 2009

§ Fair Work Australia Regulations 2009

§ Superannuation Guarantee (Administration) Act 1992

§ Freedom of Information Act 1982

§ Accident Compensation Act 1985

§ Information Privacy Act 2000

§ Child Support (Registration and Collection) Act 1988

§ Victorian Charter of Human Rights and Responsibilities 2007

Documents

This Policy is implemented in conjunction with the following documents:

§ Buloke Shire Council Enterprise Agreement No.5 2011

 

 

	Policy Title	Declared Emergency policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	1	Revision Date	9 October 2016

Purpose

The purpose of the Declared Emergency Policy is to set consistency across the Council when a Declared Emergency has been confirmed by a government authority.  Standard guidelines are defined to ensure legislative requirements are met.

Scope

This policy applies to all employees of Council. 

Definitions

In this policy –

      “Declared Emergency” means an emergency that has been declared by a government authority,       and may include Code Red days and flood events.

“Code Red” means catastrophic fire danger to a region.

      “Personal Protection plan” is a personal plan that outlines property preparation, a plan of action and response and recovery for individuals and their properties in the event of a declared    emergency.

Policy Statement

The Buloke Shire Council is beholden by the Occupational Health and Safety Act 2004 and recognises its legal and moral obligation to its employee’s personal safety and welfare. Council acknowledges employees will give minimal notice of absence to implement their personal protection plans.

Council is committed to acting in a fair and equitable manner for all employees of Council.

Guidelines

1.    Each employee must indicate if they will be unavailable to work due to family responsibilities or for the implementation of a personal protection plan as soon as reasonably practicable.

2.    Employees who are able to come to work but choose to stay at home to implement a personal protection plan are required to submit details of their reason to their Manager to demonstrate the need to remain home on declared emergency days.

3.    Each employee can be redeployed on declared emergency days to cater for high levels of service demand due to inclement weather or in areas where staff are absent due to declared emergency obligations.

4.    Each employee must ensure that he/she provides advice to his/her immediate supervisor about his/her whereabouts during an emergency.

5.    During a declared emergency, the Chief Executive Officer or other duly authorised person may appoint an employee or group of employees to account for staff on Council worksites on a daily basis or as otherwise determined.  Each employee and supervisor is responsible to ensure that all information is provided as requested regarding employee activities and that all staff are accounted for.

6.    Employees with carer responsibilities during declared emergency days will be entitled to personal carers leave entitlements as per the agreement. All other employees who are unable to get to work will be entitled to compassionate leave, rostered days off (RDOs), annual leave or leave without pay.  The category of leave approved will depend upon individual circumstances.

7.    Where an employee is a member of a recognised emergency management body and is engaged in an eligible emergency management activity during a declared emergency, the provisions of Council’s Leave policy will apply.  Employees who are an active member of an emergency management body must inform their supervisor of their absence as soon as practicable to ensure that all staff are accounted for.

8.    Each employee dealing with the implementation of a personal protection plan will be entitled to receive three days compassionate leave and the must utilise rostered days off (RDOs), annual leave or leave without pay for the remainder of any absence. The category of leave approved will depend upon individual circumstances in accordance with Council’s Leave policy.

References

Legislation

This policy has been developed in accord with the following legislation:

§ Fair Work Act 2009

§ Fair Work Regulations 2009

§ Victorian Local Authorities Award 2001

§ Local Government Childhood Education Agreement 2009

§ Nurses (ANF – Victorian Local Government) Award 2002

§ Occupational Health and Safety Act 2004

§ Occupational Health and Safety Regulations 2007

Documents

This policy has been developed in accord with the following documents:

§ Buloke Shire Council Enterprise Bargaining Agreement

§ Buloke Shire Council Leave policy

§ Buloke Shire Council Occupational Health and Safety policy

§ Buloke Shire Council Emergency Evacuation procedures

 

 

 

	Policy Title	Diversity Management policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	2	Revision Date	9 October 2016

Purpose

The purpose of the Diversity Management policy is to ensure that Council manages the similarities and differences between people in the organisation, so that Council can achieve its goals and objectives.

Scope

This policy applies to all Buloke Shire Council employees.

Definitions

For the purposes of policy –

“Diversity” is the difference between people on the basis on their race, ethnicity, gender, sexual orientation/gender identity, lifestyle, education, physical/intellectual ability, age, family responsibility, socioeconomic status and any other ideologies.

“Diversity management” involves managing the needs of all individuals in the workplace and acknowledging that different people will need different employment practices to maximise their productivity.

Policy Statement

Council is committed to establishing a positive workplace culture where everyone is treated with respect and individual differences are accommodated and celebrated.  Council believes that this will increase the organisation’s capability to respond to diversity within the community.

Council recognises that utilising different employment practices and patterns for different groups will contribute to organisational success, facilitate organisational change and contribute to the realisation of Council’s strategic plan.

Benefits of diversity management include:

·    Increased efficiency and productivity.

·    Increased job satisfaction and decreased absenteeism and turnover.

·    Increased ability to attract and recruit new employees.

·    Building better relationships and morale among employees.

·    Respect of differences of fellow employees.

·    Improved quality and encouragement of creativity.

Guidelines

1.    Council will ensure that recruitment practices are competency based and designed to assess applicants’ ability to perform, together with factors such as responsibility, potential, commitment, general life experience and judgement.

2.    Council will establish a workplace culture that values communication, consultation, cooperation and input from employees on matters that affect their workplace.

3.    Council will ensure that employees have appropriate opportunities to contribute their views on issues affecting their workplace.

4.    Council will ensure that a fair, flexible and safe workplace is provided for all employees.

5.    Council will provide managers and supervisors with leadership development to ensure diversity management is reflected in their approach to management of employees.

6.    Council will ensure that all employees are offered effective training and development programs, including induction and training in new technologies to improve and maintain their skills and ability to work in an environment that reflects the diversity of the Buloke community.

7.    Each employee is responsible to ensure they support and respect workplace diversity, ethical practices, workplace safety and that they help prevent unlawful discrimination and harassment in the workplace.

8.    Human Resources are responsible for communicating Council’s diversity management policy.

References

Legislation

This policy was developed in accord with the following legislation:

§ Fair Work Act 2009

§ Fair Work Regulations 2009

§ Occupational Health and Safety Act 2004

§ Occupational Health and Safety Regulations 2007

§ The Victorian Charter of Human Rights and Responsibilities 2007

Documents

This policy was developed in accord with the following documents:

§ Buloke Shire Council Enterprise Agreement No.5 - 2011

§ Buloke Shire Council Code of Conduct

§ Buloke Shire Council Equal Opportunity policy

§ Buloke Shire Council Performance Management policy

§ Buloke Shire Council Bullying Prevention policy

§ Buloke Shire Council Harassment policy

§ Buloke Shire Council Training and Development policy

§ Buloke Shire Council Recruitment and Selection policy

§ Buloke Shire Council Occupational Health and Safety policy

 

 

	Policy Title	Employee Assistance Program policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	3	Revision Date	9 October 2016

Purpose

The purpose of the Employee Assistance Program (EAP) policy is to set clear guidelines for work-based, early intervention strategies and ensure appropriate, timely, professional and confidential counselling and referral services for employees (and their families) in order to assist them to identify and resolve professional, personal, health or work related issues before they become significant problems.

Scope

This policy applies to all Buloke Shire Council employees and their immediate families.

This policy covers problems related to interpersonal relationships, mental health issues, organisational change, substance abuse, workplace conflict, health concerns or financial problems.

This policy also covers the provision of counselling or debriefing of employees who have been involved in a critical incident either at Council or while undertaking Council related activities.

This policy also covers health promotion initiatives, for example raising awareness about mental health issues in the workplace or providing quit smoking programs.

Definitions

For the purposes of policy –

“EAP” refers to Employee Assistance Program.

“Critical incidents” are traumatic incidents that usually occur suddenly and unexpectedly and involve extreme stress, fear or injury. Critical incidents include events that involve:

§ Severe verbal aggression

§ Physical assault

§ Robbery

§ Death or serious injury

§ Suicide or threat of suicide

§ Natural disasters

 “EAP provider” refers to an organisation or counsellor who is appropriately trained, qualified and experienced in the provision of counselling services.

“Specialist counselling” refers to a referral to a specialist agency, such as a solicitor, accountant, medical practitioner or specialist.

“Suggested referral” occurs where it becomes necessary for supervisors to assist staff by offering the option of counselling to those whose work performance has declined.

“Council referral” occurs where work performance has declined below an acceptable level and disciplinary action would normally result. The organisational referral is offered as a constructive alternative to discipline.

Policy Statement

Council’s EAP is based on a commitment to achieve and maintain a safe, healthy, equitable and productive workplace. It represents a flexible response to concerns of employees that may threaten their health, safety, wellbeing or performance.

Council anticipates that the benefits of an EAP will include resolution of issues before they become workplace issues, improvement of work performance and a reduction in the psychological effects of issues and problems.

Council believes that an effective EAP will ensure increased productivity, improvements in absenteeism and turnover costs, decrease in accidents and injuries, the retention of experienced and skilled employees, enhanced relations between managers and employees, and increased employee morale.

Guidelines

1.      Program

1.1.  Council will provide timely access to an EAP for all employees and their immediate families.

1.2.  Decisions regarding Council’s preferred EAP provider are at the discretion of the Chief Executive Officer.

1.3.  Council’s EAP services will be appropriate to the needs of people with disabilities; people with injuries which may affect their ability to access services; and people of non-English speaking backgrounds.

1.4.  Human Resources are responsible for informing employees of Council’s EAP program during induction.

1.5.  The Human Resources Officer is responsible for the ongoing monitoring, review and evaluation of Council’s EAP and providers to ensure organisational effectiveness.

2.    Referral

2.1.  Use of Council’s EAP is voluntary and confidential. Strict confidentiality is to be maintained, and job security and promotional opportunities are not to be jeopardised by participation.

2.2.  Each employee is responsible for accepting responsibility for satisfactory performance and for seeking early resolution of any problems that disrupt their own productivity or well being.

2.3.  Where long term or specialist counselling is required, this must be addressed at the employees own cost.

2.4.  If self referral occurs, employees should advise their supervisor in order that they are aware of the absence from the workplace. Visits that occur during work hours will be in accordance with the provisions of Council’s Leave Policy.

2.5.    Injured employees may choose to utilise Council’s EAP for extra personal support, in addition to the services provided as part of their injury management plan.

2.6.    Written authority of the employee is to be obtained before any details of counselling, apart from non-identifiable statistics, is provided to any other party.

3.    Suggested Referral

3.1.  Each manager and supervisor is responsible for recognising when an employee’s performance or conduct is affected by personal problems and suggesting assistance at an early stage. Employees retain the right to accept or decline offers of assistance.

3.2.  Each manager and supervisor is responsible for maintaining confidentiality when dealing with information that employees have provided regarding referrals to Council’s EAP.

3.3.  Council’s EAP should not be used to abrogate the responsibility of managers and supervisors to provide a workplace that is physically and psychologically safe.

3.4.  Each manager and supervisor is responsible for being aware that Council’s EAP is not a substitute for confronting management issues such as unsatisfactory performance.

4.    Council Referral

4.1.  Council referral will be in accordance with the provisions of Council’s Performance Management policy.

5.    Critical Incidents

5.1.  The relevant senior manager, in consultation with the Chief Executive Officer, should assess the need for support and counselling for those directly and indirectly involved in the critical incident, and arrange for debriefing for those employees.

5.2.  The supervisor, in consultation with the relevant senior manager, should monitor employees for signs of delayed stress and should maintain contact with all injured and affected parties to provide support.

References

Legislation

This policy was developed in accordance with the following legislation:

§ Fair Work Act 2009

§ Fair Work Regulations 2009

§ Occupational Health and Safety Act 2004

§ Occupational Health and Safety Regulations 2007

Documents

This policy was developed in accordance with the following documents:

§ Buloke Shire Council Enterprise Agreement No. 5 2011

§ Buloke Shire Council Code of Conduct

§ Buloke Shire Council Equal Opportunity policy

§ Buloke Shire Council Performance Management policy

§ Buloke Shire Council Occupational Health and Safety policy

§ Buloke Shire Council Leave policy

§ Buloke Shire Council Return to Work policy

 

 

	Policy Title	Grievance Policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	5	Revision Date	9 October 2016

Purpose

This policy sets out the process to be followed when a Grievance is lodged by an Employee. This is to ensure that Grievances are resolved in a timely, fair and transparent manner.

 

This document represents the current policy of Council until it is revised or rescinded. 

Scope

This policy applies to Employees.

Definitions

For the purpose of this policy –

“Agreement” means the Buloke Shire Council Enterprise Agreement No. 5 2011 or any successor industrial instrument.

“Complainant” refers to the Employee lodging the Grievance.

"Council" means Buloke Shire Council, acting through Council's CEO or his/her delegate.

"Employee" means an employee of Council.

“Grievance” means an issue raised by an Employee who feels aggrieved by either an action, inaction or decision, which the Employee perceives to be unfair or unreasonable. 

"Supervisor" means a person who manages or supervises the duties of an Employee.

“Procedural Fairness” requires a fair and proper procedure to be followed when making a decision. The rules of procedural fairness require: 

·    an absence of bias, evidence to support a decision and an inquiry into matters in dispute;

·    that sufficient information be provided to any person who may be adversely affected by a decision to enable that person to respond in a manner appropriate to the circumstances.

“Respondent” refers to the person alleged to have caused the Grievance and who is responsible for responding to the Grievance. 

"Support Person" is a person (other than a practising solicitor or barrister) nominated by an Employee to provide support on their behalf. The support person may be a family member, friend or union representative. The role of the support person is to support the Employee. The support person is not to advocate on behalf of the Employee and may be requested to leave a meeting should they hinder or disrupt the meeting.

“Victimise” means subjecting, or threatening to subject, a person to any detriment because that person has lodged a Grievance in accordance with this policy or was involved in an investigation of a Grievance lodged under this policy.

Policy Statement

Council is committed to resolving Grievances impartially, promptly, fairly, consistently and confidentially through early intervention with the aim of maintaining a productive and harmonious working environment.

From time to time, Employees may lodge Grievances with Council. An Employee may only lodge a Grievance in relation to an issue that directly affects them.

Grievances dealt with under this policy should be addressed:

·    in a prompt and timely manner;

·    where possible, by informal and local resolution with an emphasis on resolving Grievances through discussions between the Complainant and Respondent;

·    in accordance with the rules of Procedural Fairness; and

·    confidentially, to the extent permitted by law.

Grievances may be about any matter arising from the employment of an Employee other than an action, inaction or decision about:

·    a performance management process;

·    disciplinary action;

·    a lawful and reasonable direction of Council;

·    a dispute under clause 12 of the Agreement;

·    a complaint that an Employee has lodged with any external body or with a tribunal or court;

·    a complaint under Council’s Bullying / Equal Opportunity / Discrimination / Sexual Harassment Policy; or

·    a matter under Council's Protected Disclosure Policy.

Guidelines

The processes below are not designed to replace normal channels of communication between Supervisors and Employees and should only be used when all other avenues of resolution, such as direct communication, have been exhausted and the Grievance remains unresolved.

In ordinary circumstances, Employees are encouraged to first raise a concern directly with their Supervisors or Human Resources and discuss options for informally resolving the issue.

Lodging a Grievance

If the concern remains unresolved, an Employee may lodge a Grievance in writing with his or her immediate Supervisor. Where a Grievance is in relation to that Supervisor, the Employee should submit the Grievance in writing to the next level of management. 

Anonymous Grievances will not be acted on in ordinary circumstances.

Action on receipt of a Grievance

A Supervisor must generally respond to a Grievance lodged by an Employee within three (3) business days and advise whether the Grievance is:

·    declined if the Supervisor forms the reasonable view that the Grievance has been lodged in bad faith or with an ulterior motive;

·    about an issue that is not covered by this policy;

·    to be addressed via informal dispute resolution; or

·    to be addressed via formal investigation.

Informal dispute resolution

At the Supervisor's discretion, the Complainant and Respondent may be invited to participate in informal dispute resolution to resolve a Grievance. 

Informal dispute resolution may include informal mediation/ conciliation conducted by, or with the assistance of, Human Resources.

If the Complainant and Respondent reach an agreed outcome by informal dispute resolution, Council will regard the matter to be concluded.

Formal investigation

If the Grievance is not resolved by informal dispute resolution, or the Supervisor considers that informal dispute resolution is not appropriate in the circumstances, Council may investigate a Grievance impartially, confidentially and in a timely manner. The investigation should be conducted in conjunction with Human Resources.

During the investigation, the following may occur:

·    the Complainant may be interviewed to obtain detail about the Grievance;

·    the Respondent may be interviewed regarding the Grievance; and

·    all relevant witnesses may be interviewed and all relevant documents may be reviewed.

Council may then form a view regarding the Grievance and will inform the Complainant and Respondent of the findings and may make recommendations based on the findings.

The Complainant and Respondent will both have the opportunity to put their views regarding the Grievance, and to respond to any issues raised during the investigation.

Withdrawal of a Grievance

A Complainant may withdraw a Grievance in writing at any time. Council may however continue to investigate the Grievance in order to comply with obligations under law.

Responsibilities

Employees

·    Employees must:

·    treat each other with dignity, courtesy and respect;

·    adhere to the requirements under this policy;

·    not lodge a Grievance that is in bad faith or with an ulterior motive;

·    not Victimise any person because they are involved in a Grievance whether as a party, a witness, or otherwise;

·    not assist or encourage another person to Victimise any person because they are involved in a Grievance (whether as a party, a witness in a formal investigation, or otherwise);

·    maintain privacy and confidentiality (to the extent permitted by law) during a Grievance process in which they are involved as a party, a witness or otherwise; and

·    comply with this policy.

Supervisors

·    In addition to the above, Supervisors must:

·    promote this policy;

·    treat all Grievances brought under this policy seriously;

·    respond to Grievances in accordance with this policy;

·    take reasonable steps to ensure that an Employee who lodges a Grievance, or is a witness in a formal investigation brought under this policy, is not Victimised;

·    follow up and monitor the Complainant and Respondent after a Grievance has been resolved;

·    ensure that the recommendations of a formal investigation are implemented.

Support

·    A Complainant or Respondent may:

·    access a Support Person during the Grievance process but are not obliged to do so;

·    receive assistance and support under Council’s Employee Assistance Program Policy and Procedures but are not obliged to do so.

Records

Supervisors must provide all documents relating to a Grievance to Human Resources, once completed.

Council is responsible for retaining all documentation arising from a complaint made under this policy in line with the Local Government Records Management Disposal Schedule.

References

This Policy was developed in accordance with the following legislation:

·    Fair Work Act 2009

·    Occupational Health and Safety Act 2004

Documents

This Policy was developed in accordance with the following documents:

·    Buloke Shire Council Enterprise Agreement No. 5 2011

·    Buloke Shire Council Code of Conduct

·    Buloke Shire Council Performance Management Policy

·    Buloke Shire Council Occupational Health and Safety Policy

·    Buloke Shire Council Employee Assistance Program Policy

 

 

	Policy Title	Leave policy
	Responsible Directorate	Human Resources
	Policy No		Date Approved	9 October 2013
	Revision No	3	Revision Approved	9 October 2016

Purpose

The purpose of the Leave policy is to set a consistent approach to managing leave entitlements to ensure Council’s leave liability is kept at a minimum level and that employees utilise their leave as a tool for achieving work-life balance and personal wellbeing.  Standard guidelines are defined to ensure legislative requirements are met.

Scope

This policy applies to all Buloke Shire Council employees, but does not include those who work on a volunteer or unpaid basis. 

Definitions

In this policy –

      “Agreement” refers to the Buloke Shire Council Enterprise Agreement No. 5 2011.

      “Award” refers to the Victorian Local Authorities Award 2001.

      “CEO” refers to the Chief Executive Officer.

“Community Services Leave” refers to emergency services leave, defence force leave, jury service leave and leave required for employees called as a witness.

“Eligible Casual Employee” refers to a casual employee who has been employed on a regular and systematic basis for several periods or at least 12 months.

“Emergency Services” refers to emergency services provided within the community and outside of Buloke Shire Council.  Services include, but are not limited to: Country Fire Authority (CFA); State Emergency Services (SES), or; Community Emergency Response Teams (CERT).

“Extended Leave” refers to an absence greater than three (3) months and may also include parental leave, periods of extended study leave or sick leave. 

“Medical Certificate” refers to a certificate signed by a duly qualified and registered medical practitioner. 

      “Nurses Award” refers to the Nurses (ANF- Victorian Local Government) Award 2002.

 “Parental Leave” refers to prenatal, maternity, paternity and adoption leave.

“RDO” refers to rostered day off. 

Policy Statement

Council has an obligation to appropriately manage leave balances to ensure employees take sufficient leave throughout the year, and to limit the financial liability attributed to the accumulation of leave.

Council also recognises all employees require regular paid breaks each year to maximise productivity and wellbeing. 

As part of its commitment to the local community, the Buloke Shire Council may grant leave to employees who are called upon to provide a form of community service, including emergency services, jury service, defence force or being called as a witness.

Guidelines

1.    ANNUAL LEAVE

1.1.     The provisions of Clause 17 of the Agreement and Clause 41 of the Award shall apply to all employees other than casual employees or part time employees who are in receipt of 20% loading in lieu of leave.

1.2.     Part time and term appointment employees are entitled to pro-rata annual leave.

1.3.     Each employee is responsible to ensure their application for annual leave is received by their supervisor at least one (1) month in advance where practicable.

1.4.     An employee who has accrued in excess of four (4) RDO’s will be required to take these before utilising their annual leave entitlement.

1.5.    Employees with annual leave accrued who exit the organisation prior to the first pay period on or after the 1 December will be entitled to receive pro-rata annual leave loading, where no leave loading has previously been paid. 

1.6.     Each employee is responsible to ensure they monitor their annual leave balances as they are displayed on their pay advices.

1.7.     Each manager and supervisor is responsible to ensure annual leave is taken at times that will not significantly affect the operating efficiency of the work group.

1.8.     Each manager and supervisor is responsible to ensure their employees are reminded of their requirement to take sufficient annual leave. Immediate steps should be taken to reduce employee’s annual leave if in excess of eight (8) weeks.  Managers and supervisors may direct an employee to clear some of their annual leave entitlement at a time that is convenient to Council.

1.9.  Leave will not be granted at half pay without prior written approval.

1.10.  Accumulation of annual leave for employees an active Worker’s Injury Claims will be treated in accordance with Clause 41 of the Award.

1.11.  Employees should normally bring any leave-related complaints to the attention of the Department Manager pursuant to the Buloke Shire Council Grievance policy. 

2.    LEAVE WITHOUT PAY

2.1.     The provisions of Clause 16.7 of the Agreement shall apply to all employees.

2.2.     Discretion rests with the CEO, after consultation with the Manager and Supervisor, regarding approval of applications for leave without pay. Such leave requires two (2) months notice in writing unless exceptional circumstances apply

2.3.    Employees should use all paid leave prior to taking leave without pay, unless exceptional circumstances apply.

2.4.    Employees in receipt of 20% loading in lieu of leave must apply for leave without pay for all leave types including annual leave and sick leave.

 

 

 

3.    SICK LEAVE

3.1.     The provisions of Clause 18 of the Agreement and Clause 39 of the Award shall apply to all employees other than casual employees or part time employees who are in receipt of 20% loading in lieu of leave.

3.2.     Each employee is responsible to ensure they monitor their sick leave balances as they are displayed on their pay advices.

3.3.     Employees must provide a medical certificate for sick related absences in excess of three (3) days and/or absences before or after an RDO, public holiday or annual leave.

3.4.     Employees applying for sick leave for pre arranged ‘medical or dental type’ appointments must provide a certificate for their absence.  

3.5.  Where an employee does not have sufficient paid sick leave to cover the duration of a sick related absence, the employee will be considered to be on sick leave without pay.  The employee may apply to utilise other leave, such as annual leave, to obtain payment for his or her sick related absence.

3.6.    Where there are concerns regarding the pattern of sick leave related absences, the employee shall be informed in writing of their supervisor’s concern and requested to provide a medical certificate for each sick related absence. This requirement will be reviewed within six months following the request and a decision whether the employee will need to continue to comply with this requirement will be based on the attendance record during this period and any other relevant information. 

3.7.    Leave will not be granted at half pay without prior written approval.

3.8.    Employees with active Worker’s Injury Claims are not entitled to accumulate sick leave.

4.    ROSTERED DAYS OFF  (RDO)

4.1.  The provisions of Clause 36.2 of the Agreement shall apply to all indoor employees other than casual employees or part time employees who are in receipt of 20% loading in lieu of leave.

4.2.  The provisions of Clause 36.4 of the Agreement shall apply to all outdoor employees other than casual employees or part time employees who are in receipt of 20% loading in lieu of leave.

4.3.  RDO’s will normally be taken in accordance with the RDO schedule unless prior approval has been granted by the manager or supervisor.

4.4.  Each employee is responsible to ensure they monitor their RDO leave balances as they are displayed on their pay advices.

4.5.  Each employee is responsible to ensure their application for a RDO outside of the RDO schedule is received by their supervisor at least two (2) weeks in advance.

4.6.  Employees may not take more than two (2) RDO’s concurrently without approval from the relevant senior manager.

4.7.  Each manager and supervisor is responsible to ensure RDO’s are taken at times that will not significantly affect the operating efficiency of the work group.

4.8.  Each manager and supervisor is responsible to ensure their employees are reminded of their requirement to take sufficient RDO’s. Immediate steps should be taken to reduce employee’s RDO’s if in excess of four (4) days.  Managers and Supervisors may direct an employee to clear some of their RDO entitlements at a time that is convenient to Council.

4.9.  Employees should normally bring any leave-related complaints to the attention of the Department Manager pursuant to the Buloke Shire Council Grievance policy. 

4.10.  Leave will not be granted at half pay without prior written approval.

4.11.  Employees with active Worker’s Injury Claims are not entitled to accrue RDOs

5.    LONG SERVICE LEAVE

5.1.    Long service leave will be granted in conjunction with the Local Government (Long Service Leave) Regulations 2002 and Local Government (Long Service Leave) Regulations 2012. In the event of any inconsistency between the regulations, the greater prevails to the extent of the inconsistency.

5.2.    The Human Resource Officer is responsible to ensure delegations under the Long Service Regulations are actioned.

5.3.    Long service leave may be accessed after seven (7) years of continuous service on a pro-rata basis in accordance with the provisions of the Local Government (Long Service Leave) Regulations 2012.

5.4.     Each employee is responsible to ensure they monitor their long service leave balances as they are displayed on their pay advices.

5.5.     Each manager and supervisor is responsible to ensure long service leave is taken at times that will not significantly affect the operating efficiency of the work group.

5.6.     Applications must be received two (2) months prior to the proposed commencement of long service leave.  In circumstances where an employee is applying for long service leave on compassionate grounds, the employee should submit an application immediately they become aware of the need to take leave.

5.7.    All current annual leave must be exhausted prior to accessing long service leave, unless exceptional circumstances apply.

5.8.    All applications for long service leave must be submitted in writing to the CEO for approval.

5.9.    Discretion rests with the relevant senior manager regarding approval of applications for long service leave.

5.10.  Leave will not be granted at half pay without prior written approval.

6.    PERSONAL CARER’S LEAVE

6.1.     The provisions of Clause 16.5 of the Agreement and Clause 37 of the Award shall apply to all employees other than casual employees or part time employees who are in receipt of 20% casual loading.

6.2.     Carer’s leave will only be granted upon receipt of a medical certificate or statutory declaration. 

6.3.     Leave will not be granted at half pay without prior written approval.

7.    ANNUAL CLOSE DOWN

7.1.     The provisions of Clause 41.8 of the Award shall apply to all employees.

7.2.    Annual leave and RDO’s are to be used during annual close down, alternatively employees may request leave without pay.

8.    BEREAVEMENT / COMPASSIONATE LEAVE

8.1.  The provisions of Clause 16.8 of the Agreement and Clause 37 of the Award shall apply to all employees other than casual employees or part time employees who are in receipt of 20% casual loading.

8.2.    Nurses will be granted bereavement and compassionate leave in accordance with Clause 22 of the Nurses Award.

8.3.  Discretion rests with the CEO regarding approval of applications for compassionate leave.

8.4.  Leave will not be granted at half pay without prior written approval.

9.    PARENTAL LEAVE

9.1.     The provisions of Clause 16.3 of the Agreement and Clause 36 of the Award shall apply to all employees.

9.2.    Leave will only be granted after twelve (12) months continuous service.

9.3.  Employees must present a medical certificate for parental leave.

 

10.  COMMUNITY SERVICES LEAVE

10.1.  Emergency Services leave will be granted in accordance with the provisions of Clause 19 of the Agreement.

10.2.  Defence Force leave will be granted in accordance with Clause 20 of the Agreement.

10.3.  Jury Service leave will be granted in accordance with Clause 40 of the Award, and will include people called as witnesses.

10.4.  Each employee is responsible to ensure their supervisor is informed as early as possible regarding the reason and duration of absence.

10.5.  Where leave is granted for the purposes of Emergency Service, Council may require an employee to provide proof of fitness to return to work before resuming normal duties.

10.6.  Employees are responsible to ensure applications for community services leave are accompanied by documentation confirming their attendance.

10.7.  Employees who are subpoenaed or summonsed on behalf of an individual or an organisation other than Council, must apply for annual leave for the period of their absence.

11. STUDY LEAVE

11.1     The provisions of Clause 10A of the Agreement and Clause 43 of the Award shall apply to all employees.

11.2     Discretion rests with the CEO, after consultation with the Manager and Supervisor, regarding approval of applications for study leave.

12. EXTENDED LEAVE

12.1     The provisions of Clause 16 of the Agreement shall apply to all employees.

12.2     Each manager and supervisor is responsible to ensure employees on extended leave receive minutes from team meetings and internal all staff or department memorandums relevant to their position. 

12.3     Employees on extended leave are responsible for returning all Council items including but not restricted to keys, mobile phone, vehicle and tools. 

12.4     Each manager and supervisor, in consultation with Human Resources, is responsible to ensure employees on extended leave are offered an internal return to work arrangement.

 

 

References

Legislation

This Policy was developed in accord with the following legislation:

§ Victorian Local Authorities Award 2001

§ Nurses (ANF- Victorian Local Government) Award 2002    

§ Local Government (Long Service Leave) Regulations 2002

§ Local Government (Long Service Leave) Regulations 2012

§ Victorian Charter of Human Rights and Responsibilities 2007

§ Occupational Health and Safety Act 2004

Documents

This Policy is implemented in conjunction with the following documents:

§ Buloke Shire Council Enterprise Agreement No. 5 2011

§ Buloke Shire Council Grievance policy

§ Declared Emergency policy

 

 

	Policy Title	Performance Management Policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	3	Revision Date	9 October 2016

Purpose

The purpose of this policy is to:

·    promote satisfactory performance of duties by Employees throughout the entire organisation;

·    set out the principles Council will apply when standards of performance are not met by employees.

This document represents the current policy of Council until it is revised or rescinded.

Scope

This policy applies to Employees.   

Definitions

In this policy – 

“Agreement” means the Buloke Shire Council Enterprise Agreement No. 5 2011, or any successor industrial instrument to the extent it contains provisions equivalent to clause 25 of Part A of the Agreement.

"Annual Review" means a review conducted in accordance with clause 25 of Part A of the Agreement.

"Employee" means an employee of Council other than the Chief Executive Officer.

"Council" means Buloke Shire Council.

"Disciplinary Action" may include a formal counselling meeting, written warning, final written warning and termination of employment with notice.

"PIP" means Performance Improvement Plan.

"Procedure" means the Performance Management Procedure.

“Procedural Fairness” requires a fair and proper procedure to be followed when making a decision. The rules of procedural fairness require: 

·    an absence of bias, evidence to support a decision and an inquiry into matters in dispute;

·    that sufficient information be provided to any person who may be adversely affected by a decision to enable that person to respond in a manner appropriate to the circumstances.

"Supervisor" means a person who manages or supervises the duties of an Employee.

"Support Person" is a person (other than a practising solicitor or barrister) nominated by an Employee to provide support on their behalf. The support person may be a family member, friend or union representative. The role of the support person is not to support the Employee. The support person is not to advocate on behalf of the Employee and may be requested to leave a meeting should they hinder or disrupt the meeting.

 

 

Policy Statement     

An employee's failure to meet required standards of performance should be managed differently to a failure to meet standards of behaviour (misconduct).

The following principles should be applied:

·    Employees should be informed of, and understand, the standards that are expected of them;

·    Supervisors should have regular, informal, performance-related discussions with their direct reports, throughout the year, at which feedback on performance is provided;

·    Employees should be given the opportunity to improve their performance to meet expected standards, except where an employee's failure to meet the required standard of performance is of such a serious or repeated nature that it warrants termination of employment;

·    any process relating to an employee's failure to meet expected standards of performance should accord with policy and the principles of procedural fairness;

·    the degree of seriousness, repetition and impact of the unsatisfactory work performance will determine the appropriate course of action;

·    Employees should be informed of, and understand, the potential consequences of their failure to meet expected standards of performance;

·    Employees should be given an opportunity to provide an explanation or response and have that response considered before a decision is made;

·    if the employee raises medical reasons, the Supervisor must contact Human Resources;

·    while every matter will be dealt with on a case by case basis, consequences should be consistent across Council and be proportionate to the seriousness of the failure to meet the expected standards of performance; and

·    the processes under this policy should not be used to address an issue regarding behaviour and supervisors should obtain advice from Human Resources if the question of whether an issue is one of performance or behaviour is unclear.

The Procedure is to be read in conjunction with this policy. It provides broad guidance for supervisors regarding the Annual Review process and the processes to be applied where an employee fails to meet expected standards of performance.

Annual Review

Clause 25 of Part A of the Agreement sets out the Annual Review process that applies to permanent part time and full time Employees.

The Annual Review process is not to be used to address an employee's failure to meet expected standards of performance, though failure to meet required standards of performance should be identified in, and will be relevant to, the Annual Review process. 

If unsatisfactory work performance is identified during an Annual Review, this issue should then be addressed and managed according to the steps set out below.

Meeting to discuss concerns regarding an Employee's work performance

If a supervisor identifies a concern regarding work performance by a direct report at any time, the supervisor should:

·          determine if the employee has been informed of, and understands, the performance standard expected of them;

·          if so, after discussing the issue with Human Resources:

·          discuss an employee's failure to meet the expected standard of performance with them, outline the expected standards, and tell the Employee what they need to do to meet those standards;

·          give the employee the opportunity within a reasonable timeframe to improve their performance and provide the employee with any reasonable assistance to do so;

·          explain to the employee the potential consequences of failing to improve their performance to the required standard; and

·          ensure that the employee is being treated fairly and consistently with other direct reports.

Performance Improvement Process

A Supervisor should obtain advice and authorisation from the CEO (or his or her delegate) and Human Resources, regarding preparing a PIP for an Employee, if the supervisor:

·    determines an employee's failure to meet the expected standard of performance is serious, repeated or sustained; or

·    is satisfied the employee's performance has not improved following a meeting (whether formal or informal) at which the supervisor has discussed with the employee their concerns regarding the employee's performance.

Issuing a PIP

If the CEO (or his or her delegate) and Human Resources authorise the supervisor to prepare a PIP for the employee, the supervisor should:

·          meet with the employee and provide the employee with the completed PIP template;

·          explain to the employee the required standard of performance, the steps the employee needs to take to meet that standard and the timeframe in which the employee must meet that standard under the PIP;

·          require the employee to sign and date the PIP.  If the employee refuses to do so, the PIP nevertheless commences operating from the date on which the supervisor signs and dates the PIP;

·          explain to the employee the potential consequences of failing to improve their performance to the required standard under the PIP in the timeframe;

·          give the employee an opportunity to provide an explanation or response and have that response considered before the PIP is signed and implemented; and

·          explain that there will be regular meetings between the supervisor and employee about performance while the PIP operates.

Extending the timeframe of a PIP

If the employee makes some improvement, or meets some, but not all, of the performance expectations set out in the PIP, the Supervisor may decide to extend the timeframe stipulated in the PIP.  If the Supervisor decides to take this action, they should:

·      meet with the Employee and explain this decision;

·      explain any changes to timeframes in the PIP; and

·      explain to the Employee the potential consequences of failing to improve their performance to the required standard in the extended timeframe.

Performance Improvement Review

At the conclusion of the timeframe stipulated in the PIP, the Supervisor should review the Employee's performance and complete the Performance Improvement Review template and determine whether the Employee:

·    has met the performance expectations under the PIP; or

·    has not met the performance expectations under the PIP, in which case Disciplinary Action may be required.

The supervisor should meet with the employee to:

·    provide the employee with the completed Performance Improvement Review; and

·    require the employee to sign and date the Performance Improvement Review. If the employee refuses to do so, the Performance Improvement Review is nevertheless effective from the date on which the supervisor signs and dates the document.

Disciplinary Action

If an employee has not met performance expectations within the expected timeframe under a PIP, as noted in the Employee's Performance Improvement Review, the supervisor should obtain advice from the CEO (or his or her delegate) and Human Resources regarding further action.

Council may determine that the employee's failure to meet performance expectations is serious and warrants taking Disciplinary Action up to termination of the employee's employment.

Before Disciplinary Action may be taken, Council will advise the employee of the proposed Disciplinary Action and request the Employee provide details of any mitigating circumstances.

Disciplinary Action may be sequential or steps may be skipped. For example, Council may determine that the employee's performance warrants a written warning without first imposing sanction of a formal counselling meeting.

Alternatively, Council may determine that the employee's failure to meet the required standard of performance is serious, repeated and severe and that the appropriate Disciplinary Action is termination of the employee's employment with (or, in extreme cases where permitted by law, without) notice.

Support

Employees are entitled to have a Support Person present during any formal meeting they attend under this policy.

Records

Supervisors should provide all documents relating to Annual Reviews and managing performance to Human Resources as soon as practicable.

Confidentiality

All parties are required to keep the details of a performance process confidential (to the extent permitted by law) and must at all times conduct themselves in a courteous and professional manner. 

 

References

This policy was developed in accordance with the following:

§ Fair Work Act 2009

Documents

This policy is to be read in conjunction with the following documents:

§ Buloke Shire Council Enterprise Agreement No. 5 2011

§ Buloke Shire Council Bullying/ Equal Opportunity/ Discrimination/ Sexual Harassment Policy

§ Buloke Shire Council Grievance Policy

§ Buloke Shire Council Code of Conduct

§ Buloke Shire Council Occupational Health and Safety Policy

 

 

 

 

	Policy Title	Recognition of Service policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	3	Revision Date	9 October 2016

Purpose

The purpose of the Recognition of Service policy is to formally recognise significant continuous service milestones achieved by employees of the Buloke Shire Council.

Scope

This policy applies to all full time and part time Council employees, but does not include those engaged on a casual, volunteer or unpaid basis. 

Definitions

Nil

Policy Statement

The Buloke Shire Council recognises the contribution and commitment of its long term employees and officially recognises employees who exceed five years continuous service with Council.

Guidelines

1.    Each employee who have been employed for five, ten, fifteen, twenty years with the Buloke Shire Council will be eligible to receive an award based on the number of years of service:

Five years of service: presentation of a certificate at an appropriate function at the workplace.

Ten years of service: presentation of a certificate and cheque to the value of $100.00 at an appropriate function at the workplace.

Fifteen years of service: presentation of a certificate and cheque to the value of $200.00 at an appropriate function at the workplace.

Twenty years of service: presentation of a certificate and cheque to the value of $300.00 at an appropriate function at the workplace.

2.    Each employee who has been employed for a period of twenty-five years or longer with the Buloke Shire Council will be eligible to receive a certificate, a cheque to the value of $400.00 and a Council letter under seal upon their resignation or retirement from Council. 

3.    Each eligible employee must be in active employment with Council on their service milestone date in order to receive the award.

4.    The Human Resources Officer is responsible for identifying employees who qualify for service recognition and the generation of such awards.

5.    Discrepancies in eligibility information should be reported to the Human Resources Officer for further review and determination.

References

Nil

 

 

 

	Policy Title	Recruitment and Selection policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	3	Revision Date	9 October 2016

Purpose

The purpose of the Recruitment and Selection policy is to ensure that the most highly skilled applicant is recruited for a position through an open and transparent process.  Standard procedures are defined within this policy to ensure legislative requirements are met.

Scope

This policy is applicable to the recruitment and selection of all employees of Council, with the following exceptions: redeployment and work experience students.  

Definitions

In this policy – 

“Applicant” means an individual who has applied for a position with Council.

“Discrimination” means any act that distinguishes between individuals or groups of individuals to the disadvantage of some or the advantage of others.

“Employee” means a person employed under a contract of employment or contract of training.

“Recruitment” refers to the activities Council undertakes to define its position needs and attract applicants to fill vacancies. 

“Replacement employee” an employee engaged to perform the work of another employee who is going to take, or is taking, unpaid parental leave.

“Selection” refers to the process of choosing the successful applicant for a particular position. 

“Specified position” includes all positions which require an employee, as an inherent part of their employment, to undergo a pre-employment vetting.  These positions include those that:

§ Deal directly with minors

§ Operate in the Community Services department and have direct contact with clients, patients and the public

§ Deal regularly with cash or operate in the Finance department

§ Operate in the Works department as an outdoor employee

§ Operate in the Assets and Infrastructure department as an outdoor employee.

Policy Statement   

Recruitment and selection of Buloke Shire Council employees will be based on merit in fair and open competition without patronage, favouritism or discrimination.

The Buloke Shire Council is an equal opportunity employer and is beholden by the Equal Opportunity Act 1995 and the Buloke Shire Council Equal Opportunity policy.

All applicants and employees are entitled to access employment, promotion, training and the benefits of employment on the basis of merit.  Applicants and employees will be assessed on the basis of their skills, qualifications, abilities, prior work performance, aptitude and organisational fit.

Guidelines

1.    This policy applies to all terms and conditions of recruitment and selection including, but not restricted to job analysis, selection processes, pre-employment checks, inductions and rates of pay or benefits.

2.    Each manager and supervisor is responsible to ensure that this policy is interpreted consistently.

3.    Each manager and supervisor, in consultation with Human Resources, is responsible for the implementation of this policy.  Managers and supervisors have a primary responsibility for ensuring that employment decisions and the work environment are in compliance with this policy.

4.    Secondments may be made at the discretion of the Senior Manager following consultation with the Chief Executive Officer, but should not exceed three months without prior approval.  After this period, the Senior Manager should review the need for the position.  If it is determined that the position will be required for a permanent period, the position should be advertised and standard recruitment and selection processes should be applied in accordance with this policy.

5.    Each manager and supervisor is responsible to ensure approval to recruit for any vacancy has been obtained from the Chief Executive Officer prior to requesting recruitment action from Human Resources.  Approval may include the negotiation of above award conditions, changes to position descriptions and relocation costs. 

6.    Each manager and supervisor is responsible for consulting with Human Resources to ensure that documentation relating to recruitment and selection, including but not restricted to: advertisements, position descriptions, selection procedures, pre-employment checks, notification of employment and induction meet legislative requirements and any requirements under Council’s Equal Opportunity policy.

7.    Where the vacant position is for a replacement employee, the temporary nature of the position shall be stated clearly in the advertisement.  In addition, any interviews held in relation to the vacancy and any subsequent letters of appointment shall notify the right of the incumbent employee to return to work before the designated end date for the temporary appointment.

8.    All Council employees, including Agency staff engaged when recruitment activity commences, will be provided with an opportunity to apply for internal vacancies. Where an application from a current employee is received for any vacancy, that employee will be granted an interview for that position.

9.    Human Resources team are responsible to ensure that advice and support is provided at all stages of the recruitment and selection process, including the acknowledgement of all applications and sourcing of external advice.

10.  Each manager and supervisor is responsible to ensure that an applicant provides proof of qualifications where these are stated as a prerequisite for the position.

11.  Each manager and supervisor must liaise with Human Resources to coordinate the Selection Panel.  The members of the Selection Panel are responsible for ensuring any potential conflict of interest is disclosed in advance of the interview.

12.  Each manager, supervisor, Selection Panel member, Human Resources and all other relevant persons must take reasonable steps to protect all personal information obtained as part of Council’s recruitment and selection process.

13.  Each manager and supervisor is responsible for conducting reference checks prior to recommending an appointment of a successful applicant.  Reference checks shall be completed in accordance with Privacy legislation and Council’s Equal Opportunity policy.

14.  Each manager and supervisor is responsible for ensuring that the appointment of a successful applicant has been approved by the Chief Executive Officer.

15.  Each manager and supervisor, in conjunction with Human Resources, is responsible for undertaking an assessment of the suitability of prospective employees prior to extending an offer of employment to a specified position.  This may include consideration of National Police Record checks, Working with Children checks, visa status, or pre-employment medical examinations where a prospective employee cannot meet the inherent physical requirements of a position.

16.  There will be no qualifying or probationary period associated with the recruitment and selection for any position within the Buloke Shire Council.

17.  The Chief Executive Officer is solely responsible for approving appointments where there is notice of a disclosable record.

18.  Each prospective employee is responsible to ensure they disclose the existence of any pre-existing injury or disease that the employee has suffered which could be affected by the nature of the proposed employment before commencing employment.

19.  Each manager and supervisor, in consultation with Human Resources, is responsible for the induction of a new employee.

20.  Applicants should bring any recruitment-related complaints in writing to the Chief Executive Officer.  All complaints will be dealt with promptly, impartially and confidentially with a view of arriving at fair resolutions.

21.  Human Resources are solely responsible for retaining all documentation concerned with the recruitment of employees for twelve months in the event of an appeal. 

References

This policy was developed in accord with the following legislation:

·    Fair Work Act 2009

·    Victorian Charter of Human Rights and Responsibilities 2007

·    Equal Opportunity Act 1995 (Vic)

·    Local Government Act 1989 (Vic)

·    Occupational Health and Safety Act 2004

Documents

This policy is implemented in conjunction with the following documents:

·    Buloke Shire Council Enterprise Agreement No. 5 2011

·    Buloke Shire Council Equal Opportunity policy

·    Buloke Shire Council Code of Conduct

·    Buloke Shire Council Occupational Health and Safety policy

 

 

 

 

	Policy Title	Resignation and Exit policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	3	Revision Date	9 October 2016

Purpose

The purpose of the Resignation and Exit policy is to ensure that employees leaving the organisation are treated fairly and equitably throughout the resignation and exit process. 

Scope

This policy applies to all Buloke Shire Council employees, including agency staff, trainees and apprentices.

Definitions

In this policy –

“Award” refers to the Victorian Local Authorities Award 2001.

“Certificate of Service” refers to a document that attests to the employment of an employee with Council.  It does not contain any direct assessment of work performance and/or personal characteristics of the employee as each relates to his or her work performance. 

“Employee” means a person employed under a contract of employment or contract of training,      but does not include work on a voluntary or unpaid basis.

“Employment Separation Certificate” refers to a certificate which provides the basic   employment details of a former employee, including but not restricted to the reason for     cessation of employment and the date the employment concluded. 

“Reference” means a document that attests to the employment of an employee.  It contains an assessment of work performance and/or personal characteristics of the employee as each relates to his or her work performance.

“Resignation” occurs when an employee voluntarily seeks to leave his or her employment relationship with the Buloke Shire Council.

 “Termination” occurs when there is a formal cessation of an employment relationship with Council.

Policy Statement

The Buloke Shire Council is an Equal Opportunity employer and is beholden by the Equal Opportunity Act 2010.  Council is committed to ensure that employees are treated fairly and equitably during the resignation and exit process and that all legislative requirements in relation to payment of entitlements are met.

Council is committed to developing an environment that encourages retention of staff and seeks to minimise employee turnover. 

Guidelines

1.    Each employee who has determined to resign from Council is responsible to ensure he or she informs his or her supervisor in writing, providing notice in accordance with the provisions of the Award.

2.    Discretion rests with the relevant senior manager, after consultation with the Chief Executive Officer, regarding any relaxation of the required notice period.  Any payments in lieu of notice will be paid in accordance with the Award.

3.    If an employee fails to provide notice of his or her resignation in accordance with the defined notice periods under the Award, Council reserves the right to withhold monies due to the employee up to a maximum amount equalling the employee’s ordinary rate of pay for the required period of notice.  Short notice is defined as any period less than the prescribed period as set out in the Award which has not been subject to approval in accordance with this policy.

4.    Casuals who have not been actively engaged within a twelve month period will be considered inactive employees within Council’s payroll system.

5.    The Human Resources team is responsible to ensure that written notice of the termination of a term appointment is provided to the employee.

6.    Each manager and supervisor is responsible to ensure that an employee exiting Council is given an opportunity to participate in an exit interview in his or her final week of employment.  Such employees must be advised that information from the interview will be reviewed by the relevant supervisor, Human Resources team and Chief Executive Officer.

7.    Each manager and supervisor is responsible to ensure that he or she remains sensitive to possible issues regarding termination or cessation of employment and that the employee is treated fairly during the period of notice.

8.    The Buloke Shire Council is under no obligation to accept the withdrawal of a resignation.  Each case will be considered on its individual merits and may only be agreed to by the Chief Executive Officer, after consultation with the relevant senior manager.

9.    Each manager and supervisor is responsible to ensure that all Council owned property associated with the employee’s tenure with Council is returned.

10.  Each manager and supervisor is responsible to ensure that all documentation in relation to the cessation of an employee’s employment is completed and forwarded to the Human Resources team. 

11.  The Payroll Officer is responsible to ensure that any employee entitlements are paid in accordance with Council’s legislative requirements.

12.  The Chief Executive Officer is solely responsible for issuing a certificate of service upon written request by the exiting employee.

13.  Council will provide an employment separation certificate upon written request by the exiting employee. 

14.  The Chief Executive Officer is solely responsible for providing written references to any current or past employee upon written request and may do so after consultation with the relevant manager or supervisor.

15.  The Human Resources Officer is solely responsible for maintaining documentation in relation to the exiting employee.

References

This policy was developed in accordance with the following legislation:

·    Fair Work Act 2009

·    Victorian Local Authorities Award 2001

·    Nurses (ANF – Local Government) Award 2002

·    Victorian Charter of Human Rights and Responsibilities Act 2007

·    Equal Opportunity Act 2010

Documents

This policy was developed in accordance with the following documents:

·    Buloke Shire Council Enterprise Agreement No. 5 (2011)

·    Bullying and Harassment Prevention policy

·    Performance Management policy

 

 

 

	Policy Location	Human Resources
	Policy Title	Return to Work policy
	Policy No		Date approved	9 October 2013
	Revision No	3	Revision Date	9 October 2016

Purpose

The purpose of the Return to Work policy is to outline the rights and the responsibilities of all parties involved in a workers injury claim and/or an internal return to work process.

Scope

This policy applies to Employees. 

Definitions

In this Policy -

“Agreed rehabilitation activities” refers to the activities which have been set by a treating medical practitioner.  

“Alternative duties” refers to duties that are different from the injured employee’s usual pre-injury duties, as detailed in their position description.

“Claim” refers to claim lodged with WorkSafe Victoria following a work-related injury or illness.

“Functional capacity evaluation” refers to an assessment of an employee’s physical ability to meet the functional demands of their duties, as detailed in their position description.

 “Independent Medical Examination (IME)” refers to an examination conducted by a WorkSafe Victoria approved medical practitioner or allied healthcare professional.

“Injured employee” refers to a member of staff with a work-related injury or illness.

“Modified duties” refers to any changes or restrictions applied to an injured worker's pre-injury duties to allow them to return to work.

 “Occupational rehabilitation service” refers to a practitioner responsible for providing independent support to the injured employee and facilitating the return to work process.

“Offer of suitable employment” refers to the list of duties the injured employee is able to complete until they return to work with full capacity.

“Pre-injury duties” refers to duties undertaken by the injured employee prior to a work-related injury or illness occurring.

“Relevant supervisor and manager” refers to the injured employee’s direct supervisor and manager.

“Return to work arrangement” refers to a written plan outlining the steps to be taken to return the injured worker back to their pre injury duties.

“Return to Work Coordinator” refers to the key person in the workplace that assists injured employees to remain at or return to work as soon as safely possible after injury.

“the Act” refers to the Accident Compensation Act 1985.

“Work-related injury” refers to an injury or illness where Council employment is a significant contributing factor.

“WorkSafe Agent” refers to Councils selected insurer responsible for the management of claims and assisting with the return to work process.

“WorkSafe Certificate of Capacity” refers to an authorised WorkSafe Victoria medical certificate outlining details of a work-related injury or illness.

“WorkSafe Victoria” refers to the body responsible for the administration of the Accident Compensation Act 1985, the Occupational Health and Safety Act 2004 and WorkSafe scheme.

Policy Statement

Buloke Shire Council is beholden by the Accident Compensation Act 1985 and is committed to the timely reporting of incidents and early intervention at the workplace in order to enable an employee to remain at work, if appropriate.

Council will ensure that all necessary assistance and support is available for the employee to remain at work, or return to work as soon as possible. This will be achieved through appropriate occupational rehabilitation, risk management and the provision, so far as practicable, of safe and suitable employment.

Guidelines

1.    RETURN TO WORK

1.1.     The provisions of Clause 42 of Council’s Enterprise Agreement shall apply to all employees. 

1.2.     Council will, as far as reasonably practicable, provide appropriate modification to equipment, work practices or duties to allow employees to remain at work or return to suitable work while recovering from an injury, illness or disease.

1.3.     The relevant supervisor and manager are responsible for determining the availability of suitable modified duties for the employee in accordance with medical advice.   

1.4.     Where no suitable modified duties are available the Return to Work Coordinator may, after consultation with the Chief Executive Officer, liaise with Senior Managers to determine whether temporary alternatives duties are available.  Consideration will be given to the medical restrictions outlined by the employee’s treating medical practitioner, the skill set and qualifications of the employee, and, induction and retraining requirements.

1.5.     Each injured employee is responsible for making a reasonable effort to return to work where suitable modified duties area available and must make a reasonable effort to participate in the return to work process.

1.6.     The Return to Work Coordinator, in conjunction with the employee, the relevant supervisor and treating medical practitioner (if applicable), is responsible for regularly monitoring the progress of agreed and approved return to work arrangements.

1.7.     Each injured employee is responsible to ensure they participate in agreed rehabilitation activities and functional capacity evaluations as required. 

1.8.     Employees are encouraged, where possible, to schedule medical appointments outside of ordinary working hours. Where this is not possible, employees are responsible to ensure their manager and/or supervisor is advised of appointments in accordance with Council’s Leave policy and medical certificates are provided.

1.9.     The relevant supervisor and manager are responsible to ensure that employees will in no way disadvantaged because of their involvement in return to work process, regardless of whether the injury, illness or disease was due to a workplace injury or a personal injury outside of work.

1.10.   Should an employee believe they are disadvantaged or discriminated due to their involvement in return to work process, they may raise a grievance in accordance with Council’s Grievance policy.

1.11.   Employees may choose to utilise Council’s Employee Assistance Program (EAP) for extra personal support, in addition to the services provided as part of their return to work arrangement.

2.    WORKER’S INJURY CLAIMS

2.1.     Council is responsible to ensure details of the return to work process, including the Return to Work Coordinator and Council’s WorkSafe Agent, are made available to employees during the induction process and are on display at all Council workplaces.

2.2.     Employees are responsible for reporting all work-related injuries as soon as practicable to the relevant supervisor and/or manger in accordance with Council’s incident reporting process. All claims must be accompanied by an incident report. 

2.3.     The Return to Work Coordinator, in conjunction with the relevant supervisor and manager, is responsible to ensure that the return to work process commences as soon as possible after a work-related injury is reported, in accordance with medical advice and the provisions of the Act.

2.4.     Each injured employee is responsible for providing all documentation related to their claim as soon as practicable to the Return to Work Coordinator.

2.5.     The Return to Work Coordinator is responsible for forwarding all claims to the WorkSafe Agent within 10 calendar days of receipt.

2.6.     Each injured employee must supply a WorkSafe Certificate of Capacity prior to returning to work either on modified or pre-injury duties.  An employee who returns to work without such certificate and, if relevant, an approved return to work arrangement will be required to leave the workplace until such certificate has been obtained and/or a return to work arrangement has been approved. 

2.7.     The Return to Work Coordinator, in conjunction with the injured employee, the relevant supervisor and treating medical practitioner, is responsible to ensure return to work arrangements are monitored on a regular basis, in accordance with medical advice and the provisions of the Act.

2.8.     Each injured employee is responsible to ensure they participate in agreed rehabilitation activities.  Failure to participate in agreed rehabilitation activities may result in a voided claim.

2.9.     Each injured employee is responsible to ensure they actively use an occupational rehabilitation service and cooperate with the provider of that service.

2.10.   Injured employees must attend independent medical examinations upon request by Council’s Authorised Insurer.  Unreasonable refusal may result in WorkSafe Victoria entitlements being suspended.

2.11.   The Chief Executive Officer is solely responsible for approving claims and may do so after consultation with the relevant senior manager and/or supervisor.

2.12.   Human Resources are solely responsible for retaining all documentation concerned with a claim, in line with the Local Government Records Management Disposal Schedule.

3.    RETURN TO WORK FROM EXTENDED LEAVE (INCLUDING MATERNITY LEAVE)

3.1.     The provisions of Clause 16.2 of Council’s Enterprise Agreement shall apply to all employees. 

3.2.     Council requires formal notification no less than four weeks prior to the expiration of any period of maternity leave in accordance with Council’s Leave policy.  At this time, Council will prepare a return to work arrangement with the employee prior to the employee’s return from leave.  Return to work arrangements will include consideration of requests for any family friendly work practices outlined in the employee’s notification.

3.3.     Return to Work arrangement for employees on extended leave will consist of include those elements of Council’s induction program that are considered relevant, an assessment of the employee’s workstation (if applicable), discussion of any limitations that may apply to the employee’s return to work and any other special considerations the employee, or Council, believe to be necessary.

3.4.     Where an employee has returned to work following a period of extended sick leave, any return to work arrangements will be subject to medical practitioner approval. 

3.5.     Return to Work arrangements may also include handover periods in relation to key activities of the position, to ensure that changes to systems or processes relating to the employee’s position can be highlighted and necessary training provided.

References

This Policy was developed in accord with the following legislation:

§ Accident Compensation Act 1985

§ Buloke Shire Council Enterprise Agreement

§ Local Government Records Management Disposal Schedule

§ Occupational Health and Safety Act 2004

§ Occupational Health and Safety Regulations 2007

§ Charter of Human Rights and Responsibilities Act 2006

§ Victorian Local Authorities Award 2001

Documents

This Policy is implemented in conjunction with the following documents:

§ Buloke Shire Council Leave policy

§ Buloke Shire Council Grievance policy

§ Buloke Shire Council Employee Assistance Program policy

§ Buloke Shire Council Bullying, Equal Opportunity, Discrimination, Sexual Harassment policy

§ Buloke Shire Council Occupational Health and Safety policy

 

 

 

 

	Policy Title	Training and Development policy
	Responsible Directorate	Human Resources
	Policy No		Date approved	9 October 2013
	Revision No	3	Revision Date	9 October 2016

Purpose

The purpose of the Training and Development policy is to ensure that:

§ employees are able to contribute to the achievement of Council’s strategic objectives;

§ Council strengthens and supports career development for all employees;

§ Council prepares employees for possible future career opportunities;

§ Employees are able to enhance the standard of performance in their current positions;

§ Council maintains and increases employee job satisfaction;

§ Council maintains and improves organisational effectiveness and efficiency; and

§ Council’s equal opportunity objectives are met.

Standard guidelines are defined which must be followed to ensure legislative requirements are met.

Scope

This policy applies to the all employees of the Council. This policy also applies to apprentices and work experience students.

Definitions

In this Policy -

“Agreement” refers to the Buloke Shire Council Enterprise Agreement.

“Award” refers to the Victorian Local Authorities Award 2001.

“CEO” means the Chief Executive Officer.

“Compliance training” is training that assists Council and its employees to comply with legislative requirements.

 “Employee” means a person employed under a contract of employment or contract of training.

“Training and development” refers to certificate, diploma and degree courses; conferences and seminars, and; training programs.

Policy Statement

Council recognises that employee development is integral to the achievement of Council’s strategic objectives and future growth. Training and development aims at developing safe, highly skilled, knowledgeable and committed employees that will result in benefits to Council, it’s community and individual staff members.

Council is committed to developing the capacity of its employees and improving individual job satisfaction and career prospects. Council supports the provision of a broad range of employee development opportunities that will assist in promoting a positive organisational culture and work environment.

 

Guidelines

1.    Employees shall have access to appropriate opportunities for professional development in accordance with Council’s Equal Opportunity policy.

2.    Training and development opportunities provided shall be relevant to the needs of employees for their position with Council.

3.    The provisions of Clause 10 and Clause 10A of the Agreement and Clause 43 of the Award shall apply to all employees.

4.    The provisions of Clause 39 of the Agreement and Clause 45 shall apply to all union delegates.

5.    Each manager and supervisor must ensure training is relevant to the services provided by the Council, is meaningful to employees and is directed at improving performance and safety on the job.

6.    Each manager and supervisor, in conjunction with Human Resources, is responsible to ensure training recognises and complies with legislative requirements.

7.    The Human Resources Officer is responsible for monitoring participation in training programs to ensure relevance with employee needs and Council’s strategic objectives.

8.    Human Resources, in conjunction with the Records Management Coordinator, are responsible for maintaining records regarding training.

9.    Each manager and supervisor is responsible to provide, where possible, opportunities to broaden work experience, consistent with the need to develop the skills, knowledge and potential for career progression of employee for whom they are responsible.

10.  Each manager and supervisor is responsible to ensure initiation and implementation of on-the-job training to achieve effective induction and attainment of goals.

11.  Each manager and supervisor is responsible for arranging the participation of employees on selected training courses in accordance with employee development needs and organisation requirements.

12.  Human Resources are responsible for planning, scheduling and evaluating, corporate and compliance training and development.

13.  Human Resources are responsible for providing assistance and advice to Managers, Supervisors and employees to enable them to plan for and undertake training and development.

14.  Each manager and supervisor is responsible for developing, monitoring and reviewing all agreed action plans with employees for whom they are a responsible.

15.  Each manager and supervisor is responsible for developing succession plans for areas of key exposure.

16.  Managers are responsible for recommending budgetary provisions for employee development opportunities as requested by the Human Resources Officer and to ensure their employees are released to approved training.

17.  Employees are required to take responsibility for their own learning, to develop personal goals, to managing their career development and to assist in the development of other employees as requested.

18.  Employees seeking financial assistance related to further study must apply in writing to the CEO. The CEO is solely responsible for authorising financial assistance and may do so after consultation with the relevant Manager.

 

References

This policy was developed in accord with the following legislation:

§ Fair Work Act 2009

§ Human Rights and Equal Opportunity Commission Act 1986

§ Equal Opportunity Act 1995 (Vic)

§ Victorian Charter of Human Rights and Responsibilities 2007

§ Occupational Health and Safety Act 2004

Documents

This policy is implemented in conjunction with the following documents:

§ The Buloke Shire Council Plan 2009 - 2013

§ The Victorian Local Authorities Award 2001

§ Buloke Shire Council Enterprise Agreement No.5 2011

§ Buloke Shire Council Equal Opportunity policy

§ Buloke Shire Council Occupational Health and Safety policy

§ Buloke Shire Council Manual Handling policy