University Assignment: Human Resource Management Solution WHS

This assignment solution addresses various aspects of Human Resource Management, covering the Fair Work Act 2009, National Employment Standards, and modern awards. It explores topics such as enterprise level agreements, performance management systems, and the termination of employ...Read More

Running head: WHS
Human Resource Management
Name of the student
Name of the university
Author Note:

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Assessment task 1.
Answer 1.
Fair Work Act 2009 is a law which regulates the workplace relationship between the employers and the employees. The Act
consists of five provisions mentioned under Division 3-Guide to this Act. The first provision is that the Fair Work Act 2009 regulates
and guides the terms and conditions of employment (Chapter 2). The second provision is that it lays down the rights of the employing
organisation, the employees and the management of the employing organisation (Chapter 3). The third provision deal with the
enforcement of the act and compliance with it. The fourth provision lays down the formation of a dedicated government organ to look
into the enforcement of the act namely, Fair Work Commission and the Fair Work Ombudsmen Office. The fifth and the last provision
deals with the ‘matters’ related to the aforementioned provisions (Legislation.gov.au. 2019).
Answer 2.
Part a.
The Racial Discrimination Act 1975 prohibits discrimination of any person in similar circumstances based on colour, cultural
background, gender or country of origin. The law also provides that the discrimination should not be made while purchasing or selling
of fixed assets like land and house. The act also provides for abolition of discrimination in allowing people access to places and while
hiring employees. The act also applies while gaining membership of trade unions (Legislation.gov.au. 2019)

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Part b.
The Sex Discrimination Act 1984 aims to abolish discrimination of the employees on the grounds of gender. The Division 1 of
the act clearly mentions the two provisions. First, the employers aught not discriminate between employees on the basis of sexual
orientation, marital status, relationship status, pregnancy status or breast feeding responsibilities. The first provision itself is broken
down into three points. First, the aforementioned conditions should not be the basis of deciding on employability. Secondly, these
grounds should not considered at any point to decide on shortlisting of candidates and thirdly, while on deciding appointment of
employees. The second main provision is that employers should not discriminate against employees on the aforementioned while
employing them. The third main provision is that the employers should not discriminate against employees on the above mentioned
bases while paying superannuation.
Part c.
The Disability Discrimination Act 1992 prohibits any kind discrimination against specially abled people in providing
employment, education, while giving them access to public premises and entering into transactions with them while transferring of
fixed assets like buildings. The act also provides that failure to make arrangements to assist differently abled people would also be
considered as discrimination.

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Answer 3.
The National Employment Standard stands on Fair Work Act 2009, The standard refers to the ten minimum rights to which
employees are entitled. The first entitlement of employees is a minimum time for which they would work every week. The second
entitlement of employees is that they are eligible for flexible working arrangements. The third right entitle employees to enjoy parental
leaves and similar benefits. The fourth entitlement of an employee is annual leave. As per the fifth entitlement, employees can take
leave if they are sick, to attend to personal commitment or subjected to domestic violence. The sixth and seventh entitlements are
community service holidays and long service leaves respectively. The eighth, ninth and tenth entitlements of an employee are yearly
leaves, leaves while serving notice period and leaves after serving ‘Fair Work Information Statement’.
Answer 4.
Modern awards are documents while enable the Fair Work Ombudsmen to ensure legitimate working conditions of
employment for workers. They outline the minimum payment rates and employment conditions.
Answer 5.
Two awards are Aboriginal Community Controlled Health Services Award 2010 [MA000115] and Aged Care Award 2010
[MA000018].

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Answer 6.
The purpose of an enterprise level agreement is to ensure that the terms and conditions of employment are agreed in between
the employer, the employee concerned and the union. The enterprise level agreement ensures that the parties to the agreement consent
to it and the employees work for the employer concerned on his/her own consent.
The agreement must be registered with the Fair Work Ombudsmen, Australia.
Answer 7.
The minimum terms and conditions which must be included in the enterprise level agreements are wages and minimum
working hours. The agreement mentions the entitlement of the employees. The terms and conditions should also include the steps
which parties to the agreement can take in case they feel cheated or that the other party has breached the agreement.
Answer 8.
The process of performance management involves the management of the company concerned or a manager laying down the
minimum performance parameters which the employees have to achieve. Then the management or the manager compares the actual
performance parameters achieved against the standard parameters. The difference between the two shows the performance level
achieved.

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The purpose of using performance management systems is to measure the performances of employees doing similar tasks
based on certain parameters. This ensures that all the employees are judged in a fair and legitimate way. Performance management
systems also enable the management to identify skill gaps to offer training to employees.
Answer 9.
The two types of performance management systems are qualitative and quantitative. The qualitative method consists of
measuring the performance of employees in areas like decision making power and leadership qualities. The quantitative methods
measures the performances of employees against pre-determined targets.
Answer 10.
The employers should provide notice of termination in written form. The employers can also hold meetings with concerned
employees to inform about termination.
Answer 11.
The employers should give a notice period of a week if an employee has served them up to a year.

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Answer 12.
The employers in Australia need not give notice periods to employees prior to termination of their employments under two
conditions. First, if the employees create issues which lead to their termination and second, if the employees do not improve even after
notifying them on the issue.
Answer 13.
The employers in Australia are bound to pay redundancy payment to employees under certain specific conditions. The first
condition is that the employee would be covered by the national workplace relations system and secondly, has served the organisation
continuously for at least one year. The third condition is that the employers can employ a minimum of 15 employees.
Answer 14.
The three grounds of termination of employment which would considered as unfair are termination owing to discrimination
among employees on the basis of gender, race or any other discrimination grounds, termination while the employees are sick or on
leaves entitled to them like maternity leave.
Answer 15.
The Fair Work Ombudsmen should investigate into termination of employees to decide on unlawful termination. However,
they should also ensure that the compliant has been lodged within 21 days of the dismissal.

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Answer 16.
The staff members can develop skills by undergoing training and imbibing new knowledge. They can also improve their skills
by taking mentoring sessions. Staff members can also improve skills by embracing innovations and attending sessions and classes.
Answer 17.
Managers can assist employees improve their knowledge base by giving them training and mentoring. The managers can also
encourage the employees to improve knowledge by embracing innovations.

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Assessment 2:
Answer 1.
M/s Boutique Build Australia Pty Limited is a construction company which build designer or boutique buildings. The vision of
the firm is to emerge as the leading construction firm in Australia. The purpose of the meeting the managing director would stand on
the four key strategies recognised by the management of the company. They are first, the company aims to perform highly in the
market and second maintain high quality parameters while building buildings. The third key strategy is to strengthen customer
relationship and acquire as well as retain superior quality staff members. The meeting would consist of discussion of strategic goals
and the strategic objectives which the company would aim to achieve in the coming years. They are:
2019 Priorities Key performance indicator
June Employ at least 3 permanent site
staff
Site staff in place
July Commence recruiting for key
positions in Brisbane and Sunshine
Coast
Key staff established for Brisbane and
Sunshine Coast

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August Develop and implement work-life
balance programs
Increased employee satisfaction as
measured by surveys.
Oct Commence promotions in the
Brisbane and Sunshine Coast
market
Set up display centre in Brisbane
and Caloundra QLD
Presence in Brisbane established
November Staff performance reviews All staff performance reviews conducted
using new performance review system
Learning and development plans
documented and implemented for all staff

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2020
Jan Develop and implement strategies
for increasing number of women in
the workplace
Number of females in company increased
by at least 4 by mid 2017
March Commence design of
environmentally friendly homes
Designs completed
May Commence marketing
environmentally homes
Build at least 4 environmentally friendly
homes by the end of 2017
November Staff performance reviews All staff performance reviews conducted
2021
Feb Review other potential markets Potential markets explored
Sept Analyse workforce diversity Number of women in workforce

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continuing to increase
Nov Staff performance reviews All staff performance reviews conducted
The resources which would be required would consist of financial resources, manpower, training rooms and technological
resources.
Answer 2:
Strategies Actions Priority Time Responsibility Performance Indicators
(what) (how)
(L/M/
H)
Frames (who) (measurement)
(when) Management Site staff in place
Acquistion of
labour
Employ at least 3 permanent
site staff
L 2019 June
Management Key staff established for
Brisbane and Sunshine
Coast

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Acquistion of
labour
Commence recruiting for key
positions in Brisbane and
Sunshine Coast
H 2019 July
Management Increased employee
satisfaction as measured by
surveys.
Acquistion of
labour
Develop and implement
work-life balance programs
M
2019
August
Management Presence in Brisbane
established
Acquisition of
labour
Commence promotions in the
Brisbane and Sunshine Coast
market
Set up display centre in
Brisbane and Caloundra QLD
H
2019
October
Management
All staff performance
reviews conducted using
new performance review
system
Acquisition of
labour
Staff performance reviews
L
2019
November
Management Learning and development
plans documented and
implemented for all staff
Development of
Develop and implement
strategies for increasing
M 2020 Jan Management Number of females in
company increased by at

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projects
number of women in the
workplace
least 4 by mid 2017
Development of
projects
Commence design of
environmentally friendly
homes L
2020 March
Management
Designs completed
Development of
projects
Commence marketing
environmentally homes
M
2020 May'
Management Build at least 4
environmentally friendly
homes by the end of 2017
Development of
projects
Staff performance reviews
L
2020
November
Management All staff performance
reviews conducted
External analysis
of market
Review other potential markets
H
2021
February
Management
Potential markets explored
Internal analysis
of the company
Analyse workforce diversity
L
2021
September
Management Number of women in
workforce continuing to
increase

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Further actions Staff performance reviews
M
2021
November
Management All staff performance
reviews conducted
Answer 3.
Risks of M/s Boutique Build Australia Pty Limited
R
is
k
n
o
Docume
nt
control
informa
tion
Risk
identifi
er
Risk
Categor
y
Risk
Descri
ption
Impact of
the risks
Risk
respon
se
catego
ry
Owner
of risk
Precaution
ary
recommen
dations
Owner
of Risk
respons
e action
1
Profit
and Loss
statemen
t,
balance
sheets
Falling
profits
because
custom
ers
sense
lakc of
security
in a
hotle
compar
ed to
other
compan
iess
Market
risks
1.
Market
risks
can
originat
e due
to
introdu
ction of
new
product
s by
existin
g
compet
itor
compa
nies
and/or
entry of
new
compa
nies
firms
with
1. Fall in
revenue
and losing
of
consumers
.(short
term
impact)
2. Losing
investors,
and
supply
chains due
to falling
capacity
to give
positive
ROI.
(medium
term)
3.
Goodwill
risk and
losing of
global
Strateg
ic
decisio
ns,
market
ing
strategi
es
Finance
depart
ment,
Marketi
ng
depart
ment,
Risk
manage
r,
Engine
er
1.
Formation
of a strong
risk
manageme
nt strategy.
2.Use of
modern risk
manageme
nt systems
3.Strengthe
ning
marketing
of products,
introducing
new and
innovative
products
with less
competitors
Conducting
marketing
analysis
Marketi
ng
departm
ent

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similar
product
s.
2. Loss
of
custom
er
loyalty
market
position
(long term
loss)
4.
Reduced
productivi
ty due to
increasing
accidents
and loss
of
resources
2 Risk
register
Employ
ees,
custom
ers or
any
other
stakeho
lder
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risks
WHS
risks to
employ
ees and
custom
ers due
to
collisio
n with
objects
etc
Loss of
productivi
ty, actions
from Safe
Work
High to
very
high
Manag
ement
Safety
training of
employees
Manage
ment
and the
concern
ed
departm
ental
heads
3
Unjustifi
ed loss
of
capital,
Unjsutifi
ed loss
of data,
Unexpla
inable
alter of
informat
ion
Employ
ees,
custom
ers or
any
other
stakeho
lder
Cyber
theft
risks
1.Cybe
r attack
would
cause
loss of
ICT
data
and
designs
which
would
attract
huge
securit
y risks
towrad
s the
compa
nies
compa
nies.
1. Loss of
sensetive
business
data.
2. Loss of
financial
resources.
3.
Unauthori
sed access
to the
business
strategy
informatio
n of the
company.
4. R1
High
Apex
manage
ment
and all
the
depart
mental
heads
1.
Tightening
of security.
2.
Allocating
new email
ids and
passwords
to each
employees.
3.
Mandating
subordinate
s to obtain
approval of
superiors to
accede to
specific
information
.
4. Making
Apex
manage
ment
and all
the
departm
ental
heads

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2.
Cyber
attacks
lead to
loss of
custom
er and
financi
al data
of
extrem
e
busines
s
signific
ance.
Loss of
custom
er data
and
financi
al
resourc
es
online
lead to
R1
3. Data
of
custom
ers are
leaked
to
externa
l
parties
which
spark
securit
y issues
among
custom
ers
it
compulsory
for all
employees
to exchange
official
information
exclusively
on the
formally
laid path of
information
sharing.
5.
Employees
holding
assistant
managers
and beyond
should lock
their
systems
using a four
layer
password
security.
4 Cannot
be
Employ
ees,
Natural
disasters
Natural
disaster
Depends
on the
Immed
iate
Govern
ment,
Evacuation
or any
Govern
ment,

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docume
nted
custom
ers or
any
other
stakeho
lder
s lead
to loss
of
resourc
es,
invento
ry and
assets
seriousnes
s and
intensity
of the
calamities
security
personn
el etc
other
necessary
steps
security
personn
el etc
5
Govern
ment
and
legal
websites
Apex
manage
ment
Change
in
legislati
ons
pertaini
ng to
retail
sector
Change
in laws
require
compa
neis to
comply
with
the new
laws
pertaini
ng to
safety
measur
es
1.
Damage
to existing
stock
2.
Unproduct
ive
maintenan
ce costs
3.Requires
companei
es in
Australia
adapt the
relevant
areas of
operations
as per the
laws like
cyber laws
Immed
iate
Apex
manage
ment
and all
the
depart
mental
heads
Complianc
e, OHS
strategies
Govern
ments
6 Risk
register
Apex
manage
ment,
security
officer
and any
other
employ
ee
Fire,
exlosion
s
Loss of
materia
ls, loss
of
equipm
ent,
injury
of
employ
ees,
loss of
product
ivity,
casualt
y in
case of
Companie
s lose
productivi
ty,
employees
, resources
Immed
iate or
within
the
date of
enforce
ment
specifi
ed
specifi
ed
Apex
manage
ment
and all
the
depart
mental
heads
Risk
manageme
nt strategies
Apex
manage
ment
and
finance
departm
ent

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large
scale
explosi
ons
7
Financia
l
statemen
ts
Apex
manage
ment
and top
manage
rs
includin
g CFO,
R&D
head,
night
auditors
Goodwil
l risks
The
compa
ny may
loose
trust of
stakeho
lders
like
custom
ers
Companie
s lose
productivi
ty,
employees
,
suppliers,
patents
and assets
Immed
iate
Apex
manage
ment
and all
the
depart
mental
heads
Risk
manageme
nt strategies
Apex
manage
ment
and
finance
departm
ent
8
Financia
l
statemen
ts
Apex
manage
ment
and top
manage
rs
includin
g CFO
Capital
risks
Weake
ning of
capital
base of
compa
niess
due to
lower
generat
ion of
capital
Companie
s in
Australia
lose
productivi
ty,
employees
,
suppliers,
patents
and assets
Immed
iate
Apex
manage
ment
and all
the
depart
mental
heads
Strengtheni
ng
marketing
of products,
introducing
new and
innovative
products
with less
competitors
to boost
revenue
generation
and
strengthen
goodwill
Apex
manage
ment
and
finance
departm
ent
9
Financia
l
statemen
ts
Apex
manage
ment
and top
manage
rs
includin
g CFO,
R&D
Technol
ogical
risks
1.
Moder
n
technol
ogy
leaves
perevio
us
technol
Requires
companies
in
Australia
to carry
on
continuou
s research
on product
Immed
iate
Apex
manage
ment
and all
the
depart
mental
heads
Requires
companies
in Australia
to carry on
continuous
research on
product
technology,
operation,
Technol
ogcial
officer

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head
ogy
version
s
redund
ant.
technolog
y,
operation,
ecommerc
e
technolog
y etc to
enhance
customer
services
ecommerce
technology
etc
Answer 4.
Dear Sir,
Please find attached projected strategic plan and the risk management plan of M/s Boutique Build Australia Pty Limited for your kind
perusal. The company is looking forward to strengthen its presence in the Australian market. The strategic plan aims to acquire new employees,
introduce work life balance and train the employees to strengthen the future strategies of the company. The risk management plan on the other
hand aims to identify the risks which the firm may face and recognize the strategies which may be taken to mitigate or at least minimize the risks.
It is a kind request to your good self to give an opportunity to discuss the attached plans in more detailed way. It is kind request to your good self
to hold a meeting on the same as per your convenient time and date at a convenient venue.
Regards,
……

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Answer 5.
The action described above would be discussed with the team. The performance standards and the expected outputs would be
discussed. The members present at the meeting should agree to the work plan. The time line, responsibilities and performance
indicators should be discussed thoroughly.
 Provide an introduction to the meeting, including the purpose of the meeting- The purpose of the meeting would be discussing
the work plan, delegated tasks, gaining approval on the recognised performance standards and the expected results from
implementation of the plan.
 Provide a copy of the work plan-A copy of the work plan would be provided to each participant at the meeting. This would
enable them to get a fair idea of the strategic plan and the risk management plan.
 Explain that the work plan is based on the Strategic Business Plan objectives- The work plan would be based on the strategic
business plan objectives of Boutique Build Australia Pty Limited. The work plan would outline the milestones and sub activities
which would be adopted by the company to achieve its strategic goals.
 Go through each of the actions, responsibilities, timelines and performance indicators- The members would go through each of
the actions, responsibilities, timelines and performance parameters. This would enable them to get more profound knowledge
about the implementation process.
 Explain the key themes of the Code of Conduct and employee responsibilities- The codes conduct and the responsibilities
should be very clear before each of the member. The managers should explain the key themes mentioned in the strategic plan

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to the members The managers should take pro-active responsibilities to ensure that members take part in the implementation of
the strategies.

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Assessment 3.
Answer 1.
o The purpose of the performance management policy would management of the performance of the employees which
the company under study namely, Boutique Build Australia would employ as per the action plan.
o The policy would apply to employees of all designations.
o The performance review should occur annually once for all employees.
o The summary of the performance reviews would be retained by the HR departments. The summary would be used by
the departmental heads to identify training needs of the employees as well.
o The following are the steps which would be used for organising and conducting the performance review meeting:
1. The management of M/s Boutique Build Australia holds meetings with all the departmental heads in the presence of
the HR manager to decide on the KPIs (including the targets) to judge the performance of the employees for next one
year.
2. The departmental heads agree and communicate the KPIs to their respective departments under their leadership.
3. The employees perform as per the KPIs and achieve the targets.
4. The departmental heads on weekly basis measure the performance of the employees reporting to them and report the
same to the management and HR department.

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5. The departmental heads and the HR manger hold meetings with employees individually to appraise the latter after
one year lapses.
6. Further actions taken.
Answer 2.
A presentation would be developed for the managers to deliver training to the latter. The training would be delivered using a
power point presentation. The topic of the training would be the steps of performance appraisal process described above.(PPT
attached)
Answer 3.
Dear Sir,
Please find attached projected employee performance management plan of M/s Boutique Build Australia Pty Limited for your kind
perusal. The company is looking forward to strengthen its presence in the Australian market. The performance review program would aim to
review the performance of the existing employees employed as per the strategic objectives plan already discussed with your good self. It is a kind
request to your good self to give an opportunity to discuss the attached plans in more detailed way. It is kind request to your good self to hold a
meeting on the same as per your convenient time and date at a convenient venue.
Regards,

24WHS
Answer 4.
A training session would be conducted. The training session would aim to train the employees, both existing and new about the
performance review plan. They would be informed about the performance parameters as per which they are expected to perform and
as per which they would be reviewed. The managers would then communicate the targets which each employee has to achieve. The
trainer should provide opportunities to the employees present to ask questions and give feedbacks.

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Assessment Task 4.
Role play A.
The supervisor would hold meeting with Jamie to point two things out to her. The first thing is that first chapter of new health
and safety plan has been reviewed and found out to be of commendable standards. The second thing which would be pointed out to
would be that her writing style needs to change as it is not comprehensible enough. The supervisor should use STAR (situation, task,
action and result) model to give feedback to Jamie.
Answer 2.
Supervisor: Hello Jamie. Good morning. Have a seat.
Jamie: Thank you Sir. (Smiles and sits down)
Supervisor: Well, today I will give a feedback on the chapter 1 of the new health and safety plan you are charge of developing. I have
gone through the first chapter and I must say it is good. Please note that feedback process would follow the STAR model. (Smiles)
Jamie: Okay Sir (Smiles and then turns serious)
Supervisor: Well, I am afraid that the style of writing is extremely confusing and has to be changed. (Frowns)
Jamie: Okay. (Serious and appears blank)

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Supervisor: Please do not panic. It’s okay. Please consider the following and you will improve (smiles). You should speak clearly and
concisely. You should use non-verbal communication like gesture while delivering lecture on the safety policies to the staff. You
should also respond to questions of the staff and listen to them actively to understand what they are saying.
Jamie: Okay Sir… (smiles and sighs).
Role play B.
Answer 3.
The supervisor should prepare for a meeting with Jamie and review the Performance Review Guidance and Performance
Agreement Template duly filled in reference to Jamie’s performance. The supervisor should review the potential learning and
development opportunities by which Jamie would benefit. He would then prepare prepare a script as given below:
Supervisor: Hello Jamie. Good morning. Have a seat.
Jamie: Thank you Sir. (Smiles and sits down)
Supervisor: Well, today I will review your performance as per the Performance Review Guidance and Performance Agreement
Template duly filled with your performance details(Smiles)
Jamie: Okay Sir (Sweats, nervous and tries to smile)

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Supervisor: Nervous. (Frowns mysteriously)
Jamie: Yeah. (Serious and appears blank)
Supervisor: Do not worry. It will be okay. (Smiles)
Jamie: Yes Sir. (Tries to smile)
Supervisor: Please do not panic. It’s okay. Please consider the following and you will improve (smiles). I have found your
performance to be above average. This means there are scope of improvements. I will put you through a couple of learning and
development sessions which I am sure would improve your performance. Right? (Smiles)
Jamie: Okay Sir… (Smiles and sighs).
Supervisor: All the best Jamie. (Smiles)
Jamie: Thank you Sir. (Smiles)
Answer 4.
Dear Jamie,
This is in reference to the performance review session which you were given on …… at …….by me on the future learning and
development. As already pointed out by me, you have performed above average and can improve a lot more. Please note you would

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go through a series of learning and development programmes. You would be intimated about the date, time and venue of the learning
and development programmes in the due course of time. Please find attached the Performance Agreement Template duly with your
performance details. All the best.
Regards
Answer 5:
The supervisor would hold meeting with Jamie to review her performance as per the Performance Agreement Template duly
filled with the performance details of Jamie. He should explain that the purpose of the performance review would be recognising the
present performance levels she has attained. This would lead to recognising possible areas of improvement which would pave ways
for arranging learning and development sessions for Jamie. This would lead to further improvements in the performance of Jamie. The
supervisor should emphasise on areas in which Jamie has excelled and in areas she hasn’t. He should also respond to questions which
Jamie may put forward regarding her performance. The learning and development programme which Jamie would be given would be
documented.
Answer 6.
The supervisor would document the performance review agreement which would be entered by Jamie and the management of
the firm.
Completed Performance Agreement

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Employee: Jamie
Role: (insert employee’s role)
Date: …./01/2020
Performance Guidance Overall rating Comments
Work product 6 Needs to improve
Dependability 9 Highly dependable, especially in doing critical tasks
Cooperativeness 9 Extremely cooperative
Adaptability 8 Can improve
Communication 6 Needs to improve
Decision-making 7 Proactive but at times whimsical
Service to clients 7 Needs to improve
Use of equipment 7.5 Needs to improve
Project planning 8 Very good
Work group management 7 Needs to improve
Answer 7.
Dear Jamie,
This is in reference to the performance review session which you were given on …… at …….by me on the future learning and
development. This is the document of the performance review given to you. As already pointed out by me, you have performed above
average and can improve a lot more. Please note you would go through a series of learning and development programmes. You would

30WHS
be intimated about the date, time and venue of the learning and development programmes in the due course of time. Please find
attached the Performance Agreement Template duly with your performance details. All the best.
Regards

31WHS
Assessment Task 5.
Answer 1.
The human resource manager would provide formal feedback to Janice on the continuing poor time management. She would
also be given counselling and support. The human resource manager, prior to holding the meeting would Janice would consult the
official website of Fair Work Ombudsman. The official website of the FWO clearly mentions that companies should establish best
practice to motivate their staff. The employers should also understand that the issues of underperformances of employees should be
dealt with promptly and in appropriate manner. The Fair Work Ombudsman’s official clearly points out that failure to deal with
underperforming employees can have impact on the performance of the other employees and the company as a whole. The website
clearly mentions that criteria which would be considered as under-performance. The first criterion of under-performance is poor work
performance which means that the employee(s) concerned fail to perform their basic key area of performances. The official of the
FWO clearly shows that the non-compliance to workplace policies tantamount to under-performance. The website also mentions that
exhibit conduct which is not acceptable is also regarded as poor performance. Finally, it also mentions that rude and unacceptable
behaviour of employees towards co-workers are also regarded as under performance.

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Answer 2.
Dear Janice,
This is in reference to the underperformance on your observed in spite of repeated warnings. You are hence requested to meet the
human resource manager on …. at… . The venue of the meeting would be …… You presence is highly anticipated and would be
valued.
Regards
Answer 3.
The human resource manager would hold a meeting with Janice as per the time, date and venue intimated to the latter on the
email dated…. sent at ,…….
The purpose of the meeting would be reviewing the underperformance of Janice and identifying the main factors responsible
for the low performance of Janice. The problem of coming late for work which is the problem with Janice. It would also be pointed
out that this conduct is infringing the Fair Work. It is a concern because, if the company does not take step against her, it would be
infringing the guidelines mentioned by the FWO. This would have negative impacts on the workplace which would be an issue. The
manager converse with Janice in clear and simple language. He should listen to Janice and confirm the same. He should clarify her

33WHS
doubts and ask questions to her to gain confirmation on the topic discussed. Janice would get the support she would need from the
support system of the company. She should confirm meeting her terms and conditions of contractual requirements.
Answer 4.
Dear Janice,
This is in reference to the underperformance on your observed in spite of repeated warnings and the follow up of the meeting held on
….. It would be worth pointing out you as the summary of the meeting that you should take steps to rectify your underperformance
and comply with the professional agreements signed between you and the company at the time of your joining on …..
Regards

34WHS
Answer 5.
Boutique Build Australia Pty Limited
January 31, 2020
Private and confidential
Janice
<Insert employee’s residential address> to be filled up
Dear Janice
Termination of your employment
I am writing to you about the termination of your employment with Boutique Build Australia Pty Limited
On August 31, 2019 you met with the HR manager. In that meeting, you were advised that you are supposed to work on your
lateness and punctuality You were issued with a formal warning letter on September 15, 2019.
On September 30, 2019 you had a second meeting with the HR manager and you were advised that your conduct had not
improved to the level required. You were issued with a second warning letter on October 15, 2019.

35WHS
You also attended a meeting with the HR manager on November 30, 2019. In that meeting you were issued with a final
warning letter. This letter indicated that your employment may be terminated if your conduct did not improve by <December
30, 2019.
We consider that your conduct is still unsatisfactory and have decided to terminate your employment for the following
reasons:
Lateness
Based on your length of service, your notice period is 4 weeks. Therefore your employment will end on March 1, 2020
Your employment will end immediately. Based on your length of service, your notice period is 4 weeks. In lieu of receiving that
notice, you will be paid the sum of $(to be inserted)
You will also be paid your accrued entitlements and any outstanding pay, up to and including your last day of employment.
This includes the balance of any time off instead of overtime accrued but not yet taken (paid at the overtime rate applicable
when the overtime was worked), and superannuation.
If you have been paid annual leave in advance, any amount of annual leave still owing will be deducted from your final pay.
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.

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Some termination payments may give rise to waiting periods for any applicable Centrelink payments. If you need to lodge a
claim for payment you should contact Centrelink immediately to find out if there is a waiting period.
Yours sincerely,
Name
Position
Answer 6.
Dear Janice,
This is in reference to the underperformance on your observed in spite of repeated warnings and follow ups intimating you to work on
the same. It is being pointed out regretfully that in spite of giving multiple opportunities you have failed to rectify your
underperformance and hence, you are being terminated with effect from…. Please find attached the termination letter of yours duly
filled. Kind accept the same and return a copy of the same duly signed by you in person.
Inconvenience caused is regretted.
Regards

37WHS
References:
Legislation.gov.au. 2019. Legislation.gov.au. [online] Available at: https://www.legislation.gov.au/Details/C2019C00270 [Accessed
14 Dec. 2019].
Legislation.gov.au. 2019. Legislation.gov.au. [online] Available at: https://www.legislation.gov.au/Details/C2016C00089 [Accessed
14 Dec. 2019].