Performance management is an all day, every day management activity. Building a good workplace culture and modelling positive behaviours go a long way to keeping your team heading in the right direction. However sometimes, for a myriad of reasons, you may encounter staff who struggle or refuse to meet your reasonable work requirements. It can be frustrating but a strategic plan will help you to navigate the performance management experience. A good well executed plan is invaluable if you are faced with an unfair dismissal claim.

We will look at the things that you can do every day to:

keep your team focussed and motivated; and

deal with challenging staff so they meet your requirements or understand why you need to move them on.

COSTAward Subscription Members: First attendee: $110 Additional attendees: $98

AMA Queensland Members: (Includes practice staff in the employ of members) First attendee: $120 Additional attendees: $107

Australian Association of Practice Management (AAPM) Members: First attendee: $120 Additional attendees: $107

Non-members: First attendee: $150 Additional attendees: $132

Register now to secure your place. Practice support staff in the permanent employ of AMA Queensland Members and Award Subscription Members are eligible for AMA Queensland Member rates. SEMINAR INCLUSIONS

Tea and coffee on arrival Morning tea Course notes Certificate of attendance

CONTACT USFor any enquiries, please contact the Events Team on (07) 3872 2222 or email registrations@amaq.com.au.

TRAINER

Award Subscription Members registering online must retrieve a discount code to receive the nominated discounted rate. Contact the Events Team to receive your discount code.

REGISTER NOW ONLINE AT WWW.AMAQ.COM.AU

Michelle Cowan, Senior Industrial Officer, AMA Queensland

TOURING QUEENSLAND 29 OCTOBER - 5 DECEMBER

LOCATIONS & DATES OVERLEAF

performance managementconsistent and equitable management practices

REGIONAL PRIVATE PRACTICE SEMINAR SERIES TWO 2019

15

USING INFORMATION IN A DISCLOSURE

The Anti-Discrimination Act provides specific exemptions

in the area of work. Disclosures of injury or medical

conditions may only be used to consider:

whether an applicant is able to do the genuine

occupational requirements of the job;

whether adjustments can reasonably be made to

accommodate an applicant’s impairment;

whether special terms are appropriate for the person to

do the work; and

any reasonable work health and safety issues.

Each of these considerations is explained below.

GENUINE OCCUPATIONAL REQUIREMENT

An employer may be exempt from changing an employee’s

job to suit the employee’s particular impairment or

disability if the employer’s particular requirement is a

“genuine occupational requirement” or an “inherent

requirement” of the work.

In deciding what a genuine occupational requirement is,

employers should consider:

the tasks and skills of a position;

the circumstances within which those tasks and skills

are to be performed; and

the function that the employee performs “as part of

the employer’s undertaking”. For example, in this case,

a hospital operating 24/7 will reasonably require a

registered nurse to be able to work all shifts. Chivers v

State of Queensland (Queensland Health) [2014] QCA 141

EXAMPLES OF GENUINE REQUIREMENTS FOR A POSITION ARE:

Example 1

Selecting an actor for a

dramatic performance

on the basis of age, race

or sex for reasons of

authenticity;

Example 2

Using membership of

a particular political

party as a criterion for

a position as an adviser

to a political party or a

worker in the office of a

member of Parliament

Example 3

Considering only

women applicants for a

position involving body

searches of women

Example 4

Employing persons of

a particular religion

to teach in a school

established for students

of the particular religion

15

As an employer, there are legislative requirements for the employer to provide a healthy and safe workplace for employees.

An employer has the right to designate the workplace as smoke free and can indicate that in job advertisements.

There is no legal requirement for an employer to provide smoke breaks. While an employer may be prepared to

recognise the needs of a smoker, they also need to avoid the problem caused by an employee disappearing on a regular

basis for a ‘smoke break’.Setting guidelines (morning, afternoon tea and lunch breaks) makes it clear to staff about what is acceptable and also

overcomes the antagonism that may come from non-smoking employees when a smoker takes excessive breaks.

Smoking in the workplace

POINTS TO BE CONSIDERED WHEN DRAFTING A NON-SMOKING POLICY

The following information will assist when introducing a smoking policy in the workplace: identify the aim of the policy, which is to achieve a workplace free of environmental tobacco smoke when the smoking ban comes into place;

list the specific areas affected; indicate if professional advice about coping without cigarettes and quitting smoking is available and where to get help;

ensure that new employees are told when applying for a job that the workplace has a non-smoking policy; be clear that staff cannot be disciplined when they smoke away from the workplace or during their own time; emphasise that smokers are not entitled to smoke in the workplace even if staff in a particular area all want to smoke;

be clear that even those who work in isolation are prohibited from smoking as they are likely to affect others who come into the area or through the air conditioning system; specify that designated smoking areas must be outdoors with no possibility of contamination of indoor areas; and set out the times during which smokers are able to use the designated smoking areas.CASE STUDY - RESPECTFUL CONDUCTA ban on smoking survived a union challenge after the FWC found the policy reasonable because the employer had

taken steps to consult with employees and offered support to help them quit. The FWC accepted that it might be difficult for employees, particularly heavy smokers, to get through entire shifts

without smoking and that the ban posed a “restriction on the personal liberty” of workers, he found the employer’s

efforts to encourage and support employees to quit or reduce smoking had “ameliorated” the union’s objections.

The FWC accepted that the direction to ban smoking eliminated both fire risks associated with smoking in the

workplace and the risks associated with passive smoking. Commissioner Saunders said that Mr Owen was “reasonably able” to give the direction under the Work Health and

Safety Act and that the measures might also reduce the harm caused to smokers by reducing the number of cigarettes

smoked per day in the workplace. Construction, Forestry, Mining and Energy Union v Glencore Mt Owen Pty Ltd [2015] FWC 7752 (17 November 2015)

REGIONAL PRIVATE PRACTICE SEMINAR SERIES TWO 2018

workplace policies and risk management

COMING SOON Recordings of the past two Regional Private Practice Series

Performance Management is part three of a nine part employment presentation series that helps educate practice principals, optimise

results with staff and maintain standards in your practice.

PAYMENTCredit card: Visa Mastercard AMEX

Amount: $

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Direct deposit: Contact the Events Team on (07) 3872 2222

Submit registration form:Email: registrations@amaq.com.auFax: (07) 3856 4727Post: AMA Queensland, PO Box 123,

Red Hill, QLD 4059Phone: (07) 3872 2222

DATES AND LOCATIONS:

Brisbane North Tuesday 29 October 9am – 12noon Kedron-Wavell Services Club, 21 Kittyhawk Drive, Chermside

Bundaberg Wednesday 6 November 10am – 1pm Central Queensland PHN 205 Bourbong Street, Bundaberg

Brisbane West Friday 8 November 9am – 12noon Indooroopilly Golf Club Meiers Road, Indooroopilly

Brisbane South Friday 15 November 9am – 12noon Pacific Golf Club, 430 Pine Mountain Road Carindale

Toowoomba Monday 18 November 10am – 1pm Toowoomba City Library, Civic Square, 155 Herries Street, Toowoomba City

Gold Coast Tuesday 19 November 9am – 12noon Gold Coast PHN, 1/14 Edgewater Court, Robina

Sunshine Coast Tuesday 26 November 9am - 12noon Central Queensland PHN Level 1, Mayfield House, 29 The Esplanade, Maroochydore

Townsville Thursday 5 December 10am – 1pm Rydges Southbank, 23 Palmer Street, Townsville

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REGISTRATION FORMREGIONAL PRIVATE PRACTICE SEMINAR SERIES TWO 2019

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