Key Provisions of Fair Work Act 2009 and Other Acts

This document provides an overview of the key provisions of the Fair Work Act 2009 and other acts such as the Racial Discrimination Act 1975, Sex Discrimination Act 1984, and Disability Discrimination Act 1992. It explains the purpose of National Employment Standards and the 10 minimum entitlements. The use of modern awards in workplaces and the process of performance management are also discussed. Different types of performance management systems and the rights of employees in terms of termination and redundancy pay are covered. The document also explores circumstances that may constitute unfair dismissal and ways for staff to develop skills at work. Lastly, it includes a professional development policy and procedures.

Managing People
Performance

ASSESSMENT TASK 1
Q1. Explain the key provisions of the Fair Work Act 2009.
Fair Work Act 2009 is an Australian law which governs the entire workplaces and employment
organisations of Australia. This act was passed with an objective of establishing a framework which could help
in cultivation of productive workplace relationships to foster national and economic prosperity in the nation
(Forsyth and Stewart, 2009). The act lays down certain terms and conditions which define the responsibility of
employees, employer and employment organisations with respect to any employment contract. Some of the key
provisions included under the act for better employee protection are:
 It gives the employees a right to request for flexible working arrangements.
 It gives the employees protection against sudden termination and sets a minimum period of notice.
 Provides other guidelines such as modern awards for ensuring safety net of terms and conditions
of employment.
Q2. Explain the key provisions of each of the following Acts.
 The Racial Discrimination Act 1975
Provisions of The Racial Discrimination Act 1975 makes any kind of unfair treatment and discrimination on
the basis of background, race, colour. Ethnicity or origin against the law and aims to ensure that all the people
in Australia are being treated equally and have equal opportunities at the workplace (McCrudden, 1991).
 Sex Discrimination Act 1984
The provision of Sex Discrimination Act 1984 makes any kind of discrimination at the workplace on the
basis of sex, marital status or pregnancy unlawful and against the law and it also makes any kind of sexual
harassment a legal offence (Magarey, 2004).
 Disability Discrimination Act 1992
Disability Discrimination Act 1992 is a federal law which makes any kind of discrimination against people with
disabilities an act against law and a federal offence. Discrimination is also included in the failure of making
rationale arrangements and adjustments for people with disabilities (Tyler, 1993).
Q3. Explain the purpose of the National Employment Standards and the 10 minimum entitlements.
The National Employment Standards are ten minimum entitlements which must be provided by every
employer to all the employees in the organisation with an objective or purpose of protecting the workforce
against any possible exploitation (Hardy and Howe, 2009). These entitlements are as follows:
1. Maximum weekly hours – An employee can work up to a maximum of 38 hours per week plus
reasonable additional hours.
2. Right to request for flexible working arrangements – Some employees can ask to change their working
arrangement.

3. Parental leave and other related entitlements – Employees are entitled to receive up to 12 months of
unpaid leave and have a right to ask for another 12 months of unpaid leave, it also includes leaves
related to adoption.
4. Annual leave – Every employee is entitled to receive paid leaves for four weeks per year.
5. Personal leave – In a period of 12 month, every employee has the right to get 10 days of paid personal
leave, 2 days of unpaid career leave, 2 days of compassionate leave and 5 days of unpaid leave for
family and domestic violence.
6. Long service leave – These are the paid leaves granted to an employee who has been with an employer
for a long period of time.
7. Community service leave – Every employee is entitled to get unpaid leaves for voluntary emergency
service and a paid leave of up to 10 days for jury service.
8. Public Holidays – Every employee shall get a paid day off on a public holiday.
9. Notice period for termination and redundancy pay – A notice period of up to 5 weeks in case of
termination and up to 16 weeks in case of redundancy pay in necessary depending upon the type and
duration of the service period.
10. Fair work information statement – Every employee must be provided with a Fair Work Information
Statement by the employer.
Q4. Explain the use of modern awards in workplaces.
Modern Awards can be described as an integrated awards system which includes aspects and minimum
terms and conditions related to employment such as minimum wages, penalty rates, ordinary working hours,
allowance, types of employment, breaks, overtimes etcetera. At every workplace, modern awards generally
outlines all the terms and conditions of employment for both the employers and the employees which helps in
better employment regulation for organisations (Oliver, 2010).
Q5. Identify at least two examples of modern awards using the Fair Work Ombudsman website. Write down the
name of the award, the minimum annual or weekly wage for an adult employee and the ordinary hours of work
under the award.
Book Industry Award 2020:
The minimum weekly rate for full-time employment for an Editor on Level 1 is $1007.30 or $26.51 per
hour and the minimum weekly rate for a Publicist on Grade 1 is $972.10 or $25.58 per hour. The ordinary
working hours are maximum 38 hours per week or for an employee working 19 days in a 28-day cycle, 40
hours in each of the 3 weeks and 32 ordinary hours in any one week.
Clerks—Private Sector Award 2010:

The minimum weekly wages for Level 1 employee is $787.60 per week, Level 2 employee is $862.50 per
week and for Level 3 employee is $911.00 per week. The ordinary working hours described under this award
are maximum 38 hours per week for full-time employment.
Q6. Outline the purpose of an enterprise agreement. With which entity must an agreement be registered?
Enterprise agreement is an agreement between employer and employee of an organisation which
determines the minimum terms and conditions of employment and identifies the employees for whom the
agreement applies (Jones, 1995). An enterprise agreement must be approved by and registered with Fair Work
Ombudsman (FWO).
Q7. Outline minimum terms and conditions that must be included in an enterprise agreement.
An enterprise agreement must cover the following terms and conditions:
1. Agreed rate of pay which should not be less than the minimum weekly or hourly rates identified under
modern awards.
2. A normal expiry period for the agreement which should not be more than 4 years.
3. Conditions of employment such as working hours not more than maximum limit prescribed, overtime
rules etcetera.
4. Provision of deduction from wages for any reason or purpose which has to be authorised by the
employee.
5. Procedure for resolution of disputes between the employer and the employees.
Q8. Explain the process of performance management and the purpose of using performance management
systems in the workplace.
Performance management can be defined as a process which is used by an organisation to ensure that all
the employees in the organisation are aware about the performance or productivity level expected from them
with the help of setting standards of performance (Aguinis, 2009). Performance management systems help an
organisation in achieveing maximum productivity and efficiency levels from its employees and ensuring that
every employee is performing to the best level of his potential and meeting the expectations.
Q9. Explain two types of performance management systems that can be used at work.
1. Technological performance appraisal: This method of performance management system focuses on
assessment of the technical ability and quality of the employee more than any other job aspect (Murphy
and Cleveland, 1995). It is useful where employees usually require any specialised technical skill for
execution of the task and job roles.
2. Project Evaluation review: It involves a review and an appraisal system of the entire team members
after the completion of every project with an objective of improving and developing the team along with
each passing project instead of a review at the end of the year. This type of performance management

system is highly effective for organisations where teams are formed on the basis of project requirements
and specifications.
Q10. Under the Fair Work Act, what amount of notice must an employer give to an employee who has worked
for the company for less than a year when terminating their employment?
As per the provision of Fair Work Act, a one week notice must be given by an employer for termination of
an employee who has worked for less than a year in the organisation.
Q11. List two types of employees to whom a notice of termination would not need to be provided.
An employer is under no compulsion to provide a notice of termination for the following employees:
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 Employees working as daily hire workers in the construction industry
 An employee who was hired for any specific period of time, or for a specified task or for a duration of a
specified season.
Q12. Under what circumstances is an employee entitled to redundancy pay?
An employee is entitled to receive redundancy payment from the employer in the circumstances where
the employee’ role or job becomes redundant or is no longer required by the company or the employer (Booth
and McCulloch, 1999). The terms of redundancy pay are determined on the basis of length of the service.
However, redundancy pay in not applicable in cases where the job becomes redundant due to employee’s
performance or misconduct.
Q13. Explain at least three circumstances that may constitute unfair dismissal.
Unfair dismissal can be described as a situation where an employee is terminated or dismissed from his job
on grounds which are not reasonable and just (Ewing and Hendy Qc, 2012). Circumstances where a dismissal
may be regarded as an unfair dismissal are as follows:
 Where an employee is terminated on the basis of any grounds of discrimination such as employee’s race,
sex, colour, sexual orientation, political opinion, marital status, nationality, origin etcetera.
 Where an employee is dismissed or terminated on the basis of poor performance by the employee
without a reasonable chance or opportunity being provided to the employee to improve his performance.
 Where an employee is terminated by the employer without following the proper process of termination
of an employee.
 Where an employee is terminated or dismissed by the employer because a right has been exercised or an
intention to exercise any right has been shown by the employee such as making a complaint.
Q14. Which circumstances must apply for the Fair Work Commission to determine that an employee has been
unfairly dismissed?

It can be said that an employee has been unfairly dismissed from his workplace after Fair Work
Commission is satisfied with the occurrence of following conditions:
 Employee has been dismissed or terminated
 Employee dismissal was harsh, unjust or unreasonable
 Employee was not dismissed under a situation of genuine redundancy
 In case where employee was working at a small business, the dismissal of employee was not in
accordance with the Small Business Fair Dismissal Code
Q15. Outline five ways that staff can develop skills at work.
Employees can develop skills at work in a lot of ways and a few of them are being mentioned below:
1. Professional Training
2. Personal Development Plans
3. Job enrichment
4. Coaching
5. Mentoring by managers
Q16. In some instances, employees are not interested in participating in professional development, improving
their skills or advancing their career. As a manager, discuss at least three ideas that could be used to motivate
and entice employees to develop themselves.
To motivate the employees and engage them in personal development programs, following measures can be
taken by the management:
 Offering both financial and intrinsic rewards associated with the job productivity and performance
levels can help in motivating an employee to develop his skills which could help him to increase his
productivity and efficiency levels.
 Customising the training programs as per the current skillset and level of employees is an effective
way to increase employee motivation and participation in professional development plans.
 Aligning the training plans with the personal career plans and aspirations of the employees is a very
helpful strategy in increasing the employee motivation and wilful participation in the professional
development plans. An opportunity for the employees to learn skills and develop themselves which
will also help them in their career aspirations induces motivation and passion.
ASSESSMENT TASK 2
PROFESSIONAL DEVELOPMENT POLICY & PROCEDURES
POLICY:

 The purpose of performance management systems is to improve the performance of the employees by
evaluating and comparing the actual performance of the employees. It should include both formal
review and informal review.
 The policy applies and extends to all the employees in the organisation.
 As per the policy, all the employees in the organisation will undergo a process of formal performance
review with their managers twice a year and the initial performance management plan will be initiated
once every year.
PROCEDURES:
 Initial process of commencing the performance management plan will take place on 3rd March every
year.
 The first phase of formal performance review which is performance management plan will consist of a
detailed deliberation and discussion between the staff and the managers regarding the allocation of
work, projected timeline, determination of key performance indicators and discussion of potential
programs for training and development.
 The first mid-year performance meeting will be conducted after 4 months of initial phase and the
second performance review will be done after 4 months of first performance review meeting.
 An information regarding the details of the mid-year performance meeting needs to be conveyed by
respective department managers at least 2 weeks prior to the meeting and confirmation of each
employee should be obtained.
 During the course of meeting, performance of each and every employee will be measured with the help
of initial performance management plan.
 Meeting should be document by the department managers and all the key outcomes and findings should
be properly documented.
 A feedback will be provided by department managers for every employee after considering individual
performances and results.
 Feedback needs to be in a respective and constructive form.
 Upon the receipt of feedback, the employee need to analyse, review and interpret the feedback with an
objective of identifying scope for personal improvement and development.
 Along with formal performance review which will happen thrice a year, informal review plan and
system such as directing and guiding an employee while performing a task by the managers will take
place for performance management.
RELATED FORMS:
Performance management template which can be used to measure and evaluate employee performances:

Professional Development Plan
Employee details
Name
Position
Reporting
manager
Development plan
Development to be
undertaken
Timeline
to
complet
e
How will it
be
evaluated?
How will
achievement be
confirmed?

Employee reflection
Development task
undertaken
What I learned? How this applies to my work duties?
ASSESSMENT TASK 3
PART A:
Workforce Plan:
Number Objective Measure of Performance
1 To source skilled labor resources Target performance vs achieved performance
level of employees
2 To address unacceptable staff Reducing the current employee turnover rate

turnover of 20.69% under 12%.
3 Implement a succession planning
system
No. of potential candidates or employees for
higher managerial positions or the leadership
pipeline structure
Strategy Step by Step Plan Due Date Responsibility
To source skilled
labour resources
1.Defining employee persona as per the
role and responsibilities
15th march IAN
3.Effective monitoring system for
individual performance measurement and
evaluation.
17th march ZANE
3.Using on the job and off the job training
methods for on boarding of the employees
20th march IAN
To address
unacceptable staff
turnover
1.Employee satisfaction survey which
gives insight regarding the employee
satisfaction towards work environment and
organisation culture.
22nd march ZANE
2.Setting up of Personal Development
Plans for every employee to make sure
they achieve their personal goals
24th march IAN
3.Providing work life balance and
engagement spaces for employees.
26th march IAN
Succession
planning system
1.Filling top level vacancies from the
existing workforce.
31st march IAN
2.Internal recruitment process with a strict
selection criteria
31st march ZANE
3.Employee training programs for top-
level management and other managerial
positions.
30th march IAN
Risk Management Register:
Risk Management Register

Risk
ID
Risk Description
of Risk
Potentia
l
Consequ
ences/Li
kelihood
Risk
Rating
level
Date
Recorded
and
Reviews
Control and
mitigation measures
Date control
measures
Implemente
d
Risk Status
1. Low
profitab
ility
affectin
g
budgets
Due to
high
expenses
incurred in
strategic
sourcing,
profit is
likely to
decrease.
Major/
Likely
CRITICA
L
15th
March
Developing and
running cost
analysis with
respect to the
benefits to ensure
that cost doesn’t
exceed the
benefits
22nd
March
Action
plan
needed
2. Reduce
d Staff
Morale
leading
to low
operatio
nal
efficienc
y
Increasing
recruitmen
t of new
employees
with more
skills and
knowledge
might lead
to
demotivati
on of
Major/
Possibl
e
HIGH 20th
March
Developing
attractive
strategies and
incentives for
existing staff and
workforce which
ensures
motivation of the
current staff as
well as newly
recruited
25th
March
Immediat
e action
needed

existing
staff
employees
PART B:
Professional Development Plan:
Professional Development Plan
Employee details
Name Ian Banks
Position Contract Specialist
Reporting manager Human Resource Manager
Development plan
Development to be undertakenTimeline to
complete
How will it be
evaluated?
How will achievement
be confirmed?
Managing documents more
effectively and diligently with
the help of formulating a
strategy which helps in proper
arrangement of files and
documents.
By the end
of first
week
Time required to
find any
document or file
Very little time
required in document
and file identification

Proper drafting of contracts by
understanding the points which
should be considered in
forming a contract which could
affect its legal validity.
By the end
of March
Ensuring the
contractual
capacity of the
documents and
clauses
Checking the
compliance and
clauses under each
contract
Awareness about various laws
and legislations governing
employment organisation by
going through various articles
and publications on
employment laws such as Fair
Work Act.
By the end
of initial 2
weeks
Knowledge about
various laws
governing the
organisation
Ensuring no legal
complexities in
organisation’s
operations and
employment
processes.
Employee reflection
Development task undertaken What I learned? How this applies to my work
duties?
Professional Development Plan

Employee details
Name Zane O’Brien
Position Human Resource Consultant
Reporting manager Human Resource Manager
Development plan
Development to be
undertaken
Timeline to
complete
How will it be
evaluated?
How will achievement
be confirmed?
Improvement in
communication skills by
taking classes and showing
more empathy and respect
while communicating to
members in the organisation.
By the end
of first two
weeks
Effectiveness if
conveying the
message and
influencing the
behaviour of
employees
Increased employee
motivation and
engagement in the
organisation
Improvement in training and
development skills by
personal evaluation of the
effectiveness of various
training techniques and tools.
By the end
of first
month
Effectiveness of
training and
development
programs
Increased employee
productivity and
efficiency of training
programs
Understanding how employee By the end Measure of Motivation level of

motivation works in an
organisation by reading
various books on motivation
concepts such as Maslow’s
need theory.
of first week employee
motivation
the workforce is high
and employees are
passionate
Employee reflection
Development task undertaken What I learned? How this applies to my work
duties?
Code of Conduct Documents:

ASSESSMENT TASK 4
PART A: Mid-year Performance Reviews
1. Questions to be answered before meeting
a) How will you conduct the review meeting with Zane?
I plan on discussing the feedbacks which I have received for Zane’s performance and after discussing
the feedbacks with him, filling the template for Professional Development Plan.
b) What key steps do you need to consider when giving Zane the performance feedback?
CONFIRMATION OF TRAINING
I I, Ian Banks confirm that _____________________ provided adequate training
to me regarding the Code of Conduct.
I also agree to abide by the conditions and standards of behaviour as set out in this
document as an employee of CBSA.
Training Participant’s Name: Ian Banks
Training Participant’s Signature: IAN
Student’s Name: ____________
Student’s Signature: __________
Date of Training: March 9, 2020
CONFIRMATION OF TRAINING
I, Zane O’Brien confirm that _____________________ provided adequate training to me
regarding the Code of Conduct.
I also agree to abide by the conditions and standards of behaviour as set out in this
document as an employee of CBSA.
Training Participant’s Name: Zane O’Brien
Training Participant’s Signature: ZANE
Student’s Name: ____________
Student’s Signature: __________
Date of Training: March 7, 2020

I think having a safe and quiet environment will help in getting attentive of Zane on the meeting and
instead of talking about his performance on a personal basis, I believe presenting facts and figures and giving
examples would increase the effectiveness of the performance feedback.
c) What action do you plan on taking with Zane’s poor performance (punctuality)?
I would suggest Zane to increase punctuality with the help of setting alarms for at least 15 minutes
before the actual time, making use of Outlook calendars to set reminders about important tasks, meetings and
deadlines and will ask him to complete a time log.
d) How can you best acknowledge Zane’s achievement, given he does not like publicly sharing his successes?
Since Zane is not very supporting of publicly sharing his successes or achievements, I think the best way
to acknowledge his work and achievement is to provide him financial rewards and benefits such as cash cards,
gift cards or small weekend trips.
2. Updated Professional Development Plan:
Professional Development Plan
Employee details
Name Zane O’Brien
Position HR Consultant
Reporting
manager
Human Resource Manager
Development plan
Development to be
undertaken
Timeli
ne to
compl
ete
How will it
be
evaluated?
How will
achievement be
confirmed?
Increasing punctuality
by being more
By
the
Measuring
the
Meeting all
time

responsible and using
alarms for appointments
and deadlines
end
of
me
etin
g
punctualit
y before
and after
deadlines
related to
appointments
and messages
Changing the reminder
time in Outlook
By
the
end
of
me
etin
g
Ability to
use
Outlook
Effectively
changing time
in Outlook
appointment
reminders
Developing mutual
respect for every
employee in the
organisation
By
the
end
of
we
ek
Relations
with other
employee
s
Ability to
understand
and respect
the feeling of
other
employees
Employee reflection

Development task
undertaken
What I learned? How this applies to my
work duties?
Took online lessons for
laws related to
employment
Various laws which are
necessary to be kept in
mind which govern the
terms and conditions
of employment.
It is my duty to
ensure that my
company is not facing
any legal complexities
due to my lack of
diligence and
knowledge about
employment laws.
Using Outlook How to change
reminder time for
appointments in
Outlook
It will help me to
reach office and other
meetings on time and
assist me in being
punctual.
3. Questions to be answered after conducting the meeting.
a) How did you feel about having to provide positive and constructive feedback to Zane and do you feel you
succeeded?
It felt very nice to provide Zane a constructive feedback and at the same time trying to understand what
might be the reason causing hindrances in his performance and respecting his decisions, I feel I succeeded in
providing him a positive and constructive feedback.
b) Did you do anything differently to your planned approach (from your answers in the first task)?

I planned on providing him exact details and examples of where he has lagged quite explicitly but in the
meeting I gave him general guidelines as to where he was lacking to ensure the meeting doesn’t push him back
and have a negative impact.
c) What action did you put into place for him to improve his punctuality?
He agreed on making use of Outlook calendar and time logs to set reminders for meeting and deadlines
and also agreed to wind his clock back 20 mins which could initially help him be punctual.
d) What would you improve on for the next meeting?
In the next meeting, I will try to focus more on coming up with comprehensive solutions which could be
implemented directly to ensure better performance feedbacks. In the next meeting, I will try to brainstorm with
the employee and then come up with a solution rather than thinking of possible solutions beforehand.
PART B: Informal Feedback
a) Although this is informal feedback, should you document this conversation? Provide an explanation for your
response.
Yes. I think the meeting or the informal feedback should be documented because it will help in keeping
a record of the informal feedback and this document can be sent to Zane so that he remembers the conclusions
and solutions which have been devised in the meeting. Having every meeting documented whether formal or
informal helps in increasing the effectiveness of the meeting.
b) Since last meeting, Zane's punctuality has greatly improved. He has been arriving for work on time each day
and has been prepared and on-time for all meetings and training. As Zane's manager, write the script for the
informal verbal feedback and recognition that you would give him.
Hey Zane, I have witnessed a huge improvement in your punctuality and you have been coming to all
the meetings on-time which gives me immense pleasure. I think you are doing a great job in overcoming the
issues related to punctuality which you have been facing for the past couple of months. I don’t know if you have
observed it but being punctual has also had a great impact on your productivity level and they have improved
significantly. Tell me if you are facing any difficulty in acting on the feedbacks or suggestions which you got in
your last performance review meeting and let me know if you need any kind of support or help from me. I hope
you will keep up the spirit of being punctual and I will be happy to provide any further support which could
help you in any manner. Best of Luck.
PART C: Formal Feedback
1. As his manager, (the Human Resource Manager), where or from whom would you seek advice and assistance
from at this point? What advice or assistance would you be seeking?

Managing Director of the company to obtain information about the next steps in the process of a formal
performance improvement plan.
2. Make a list of the things you need to do before the meeting.
 Informing Zane about the time, place and date of the meeting
 Planning the discussion which is going to happen in the meeting
 Providing the opportunity for Zane to arrange a support person
 Gathering copies of previous professional development plans
 Arranging the paperwork for position description
 Company Policy and Procedures
 Code of Conduct Document
 Information about the laws and legislations in the respective employment situation
 Preparing a template for Personal Improvement Plan
 Forming a support plan
3. Write a brief script for the meeting.
 Why are you meeting with Zane?
Agenda of the meeting with Zane is to address the issues which are going on with his performance. He
has been late by more than 30 minutes for meetings on multiple occasions, turned up 20 minutes late for a
training program, missed a team meeting and he was not in contact with anyone for sometime.
 What is the underperformance issue and why is it an issue?
All these issues are a breach in the code of conduct policy of the company and are against the values and
beliefs of the company. It leads to underperformance and decreases the morale of the other people who are
working in the department. People are likely to get influenced by such behaviour easily which will impact their
performance levels. Moreover, team performance also depends and get influenced by Zane’s performance
issues which needs to be resolved.
 What steps have you taken so far to resolve the situation?
Many steps have been taken to resolve the issues which Zane has been facing such as professional
development planning, performance improvement planning and extension of support from his superiors and
managers and coaching and mentoring with the help of formal as well as informal conversations. All the steps
have been taken with discussion and agreement with Zane to gather and get his full support and encouragement
to carry out these measures effectively.
4. What details do you need to document of the meeting?
During the meeting with Zane, important details of the meeting needs to be document which can be used
for future reference. It includes elements such as the date of the meeting, the time at which meeting was

conducted and the venue of the meeting. These details are necessary to be documented for any further reference.
Along with these details, other elements which needs to be recorded include people who were present at the
meeting. The summary of the discussions which held at meeting, the agreed future action plan and the timeline
in which the future plan needs to be implemented are other important details of the meeting which must be
documented.
5. Write Zane’s formal warning letter.
Complete Business Solutions Australia
March 25, 2020
Private and confidential
Zane O’Brien
Dear Zane
Warning letter
I am writing to you about your performance during your employment with Complete Business Solutions Australia
On 15th June, 2020 you met with Glenda Williams. At this meeting you were advised that your performance has been
unsatisfactory, and that immediate improvement is required. In particular you were advised that you should be more
responsible and need to improve your punctuality. You were advised to arrive at meetings on time and change your
schedule to fix your punctuality related issues.
In the meeting you were asked if you had anything you wished to say or to respond to the situation and you agreed to the
current issues you were facing with respect to your late arrival and punctuality. In the meeting you also agreed on the
details of your professional development plan with an aim to improve your responsiveness and punctuality.
After considering the situation it is expected that your performance improves and specifically that you take necessary
steps such as fixing your schedule, using outlooks and calendars to take care of appointments and meetings and work on
developing a mutual respect for other member of the organisation. Your employer is willing to provide employee
assistance program and any support which is reasonable and helpful in improving the issues related to your performance.
This is your first warning letter. Your employment may be terminated if your performance does not improve by 15th July,
2020.
I propose that we meet again on 16th July, 2020 to review your progress. Please let me know if this time is convenient to
you. If you wish to respond to this formal warning letter please do so by replying in writing.
Yours sincerely,
Glenda Williams
Human Resource Manager

6. During the meeting, Zane discloses that he has had some personal issues but prefers not to reveal the details.
What would your response be to this conversation? What support could you offer?
It would be inappropriate to disrespect Zane’s privacy and repeatedly ask him to disclose his problems
or issues. I will be empathetic and instead of asking Zane to disclose his issues, I’d offer him employee
assistance program which can help him to cope with the issues he might be facing. It will be better to let Zane
decide what kind of support he needs from his managers, superiors and me and extending that support will be
effective in resolving the issues Zane is facing.
7. Why is it important for Zane to agree on the details of the Performance Improvement Plan?
It is essential for Zane to agree on the details of his Performance Improvement Plan. Without Zane’s
agreement, the effectiveness and efficiency of Performance Improvement Plan and strategy will not be ensured.
Implementation of the Performance Improvement Plan depends on agreement of both the employer as well as
the employee on the details mentioned in the plan. Performance Improvement Plan will not be successful
without Zane’s agreement as it would not be realistic for Zane to perform particular tasks which aim at
improving his productivity or act in a certain manner which is anticipated to improve his performance levels
without agreement with the details on the plan. Lack of agreement leads to lack of employee support and
engagement in the plan implementation. Moreover, agreement of Zane on his Performance Improvement Plan is
also imperative for any legal proceedings which might be required in the future and the agreement of Zane acts
as a legal proof of enough actions and support measures being taken by the employer to improve the
employee’s performance.
8. Use the template provided to develop a Performance Improvement Plan for Zane’s scenario.
Performance Management Plan template
Details
Employee name Zane O’Brien
Employee role Human Resource Consultant
Manager name Glenda Williams
Manager
position
Human Resource Manager
Date of plan 16th June, 2020 Period of
plan
16th June,
2020

15th July, 2020
Interim review
date
30th June, 2020
Final review date 16th July, 2020
Performance improvement objective:
 Attending and arriving at all the meetings on time
 Improving responsiveness
 Developing mutual respect and punctuality
Required
outcomes
 Respond to all the customer enquiries within 48 hours
 Arrive at all the meetings 15 minutes prior
 Responding to the texts and calls within appropriate time.
 Informing before taking any leave or late arrival at work
Strategies (a
minimum of two
strategies is
required)
 Using outlook calendars and mobile reminders about meeting
schedules
 Winding up clock by 15 minutes and filling a time log
Support  Employee assistance program
 Extending supervisory and mentoring support
Responsibilities  Steps and measures must be taken by the employee to improve
performance before the interim review date and get desired
results before end review.
 Management should provide and extend on-the-job support
and assistance required.
Consequences Termination of employment if the required outcomes are not met by
end review date.
Manager signature: Glenda Employee signature: Zane
Print name: Glenda Williams Print name: Zane O’Brien
Date: 16th June, 2020 Date: 16th June, 2020
PART D: Termination
1. Zane has been employed with the business for under 18 months. Under the Fair Work Act 2009 what
are the requirements for CBSA to end his employment?
As per the provisions related to termination under the Fair Works Act 2009, a minimum of 2
weeks notice period must be given to Zane before ending his employment and he shall be paid in lieu of
this notice period until other provision applicable as per his employment contract. The termination must
be provided to Zane in writing and should mention the details with respect to last day of work and notice
period. The reason for termination must be valid and reasonable and not discriminatory as per the
provisions of Fair Work Act 2009 (Hor, 2009).

2. Use Fair Work’s advice to help you write Zane’s termination letter.
Complete Business Solutions Australia
17th July, 2020
Private and confidential
Zane O’Brien
Dear Zane
Termination of your employment
I am writing to you about the termination of your employment with Complete Business Solutions
Australia.
I refer to our meeting on 16th June, 2020 which was attended by you and during the meeting we discussed
the issues of your serious performance misconduct which includes coming late by more than 30 minutes
on 5 occasions and late on training session by 20 minutes and missed a team meeting without any
information.
This meeting was attended by you and we spoke about your misconduct with respect to lack of
responsiveness and punctuality and missing team meeting and schedules. As discussed during the
meeting, your conduct during that incident was wilful or deliberate behaviour by you that is inconsistent
with the continuation of your contract of employment.
We consider that your actions constitute serious misconduct warranting summary dismissal.
You will also be paid your accrued entitlements and any outstanding pay up to and including your last
day of employment. Your last day of work will be 17th July and your notice period duration is of two
weeks for which you will be paid.
You may seek information about minimum terms and conditions of employment from the Fair Work
Ombudsman. If you wish to contact them you can call 13 13 94 or visit their website at
www.fairwork.gov.au.
Yours sincerely,
Glenda Williams
Human Resource Manager

REFERENCES
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