BSBMGT502 - Managing People Performance: Assessment Task 1 Answers

This document provides a comprehensive solution to the BSBMGT502 Manage People Performance Assessment Task 1. It begins by explaining key provisions of the Fair Work Act 2009, followed by explanations of the Racial Discrimination Act 1975, Sex Discrimination Act 1984, and Disability Discrimination Act 1992. The document then outlines the purpose and 10 minimum entitlements of the National Employment Standards, and the use of modern awards in workplaces, including examples from the Fair Work Ombudsman website. It further details the purpose of enterprise agreements and the process of performance management, including two types of performance management systems. The document also addresses notice periods for termination, circumstances constituting unfair dismissal, and ways staff can develop skills at work, along with strategies to motivate employees in professional development. Finally, it discusses the conditions for redundancy pay and the circumstances under which the Fair Work Commission determines unfair dismissal.

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