Documents you will need to Employ Someone

Once you have decided on the type of employee you need, the next step is to outline your work expectations. It’s important that both you and your employees share the same expectations to ensure a smooth working relationship.

The following three documents will help you and your employees stay on the same page.

• A position description
• An employment contract
• An employee details form

A position, or job description (often referred to as a PD) is a statement that explains the requirements of a job. Writing a position description will help identify the skills and traits you want the new employee to have.

Position descriptions should include:

• job title and location
• duties, responsibilities and tasks – what you need the person to do, who they are in charge of and who they report to
• required skills, qualifications, licenses, certificates, and experience
• other requirements – such as physical demands of the job
• your expectations – such as production targets
• any benefits – such as accommodation, meals, or training
• the type of employment – whether the position is full-time, part-time, or casual

Don’t include anything that isn’t necessary for the job such as gender, age or family responsibilities. Not only will you be limiting the people who will apply for the job, but it could amount to discrimination and break the law.

All employees, should be provided with a written contract signed by both the employer and the employee. See the reference section below for contract examples and templates

Contracts should include the classification, pay rate, hours of work, any shift penalties or loading, leave entitlements, and notice period for termination of employment. Refer to the Awards section for more information about classification or see the Fair Work Ombudsman website for access to additional awards.

Individual Flexibility Agreements (IFA) Some farmers find that the terms in the awards are inflexible and don’t take into account busy times or the non-standard hours involved in farming work. All modern awards now contain an “Award flexibility” clause that allows employers and employees to vary some of the terms in the relevant award. Terms and conditions must be agreed on by both parties and be put into writing.

An IFA can only be made after an employee has begun work and cannot be made a condition of employment. For more information about Individual Flexibility Agreements, see the IFA section.

Creating an Individual Flexibility Agreement is not by any means a simple process. It is strongly recommended that you seek assistance and advice when creating one, especially when doing so for the first time!

As of the first full pay period commencing on or after 1 March 2020, the Pastoral Award 2020 has been varied to enable employers and employees to agree in writing for the employee to be paid an annualised wage or a salary instead of being paid an hourly rate.

This is similar to the IFA and may be useful for farmers provided they keep excellent time records.

The annualised wage can take into account any or all of the following:

• Minimum weekly wages
• Allowances and special allowances
• Hours of work and rostering
• Overtime
• Penalty rates
• Annual leave loading
• Payment for public holidays

No Disadvantage:The annualised salary must be no less than the amount the employee would have received under the award for the work performed over the year of the Agreement – or less if the employment is terminated before a year. This is similar to the BOOT test for an IFA.

It is a good idea to keep all employment records and employee personal records in the one file or form. These records can be kept on an employee details form (see template below).

All records should be kept securely and employees have the right to view, inspect, or copy any of their records. Records must be given to the employee at the workplace within 3 working days of being requested, or within 14 days if the record needs to be posted.

By law, all employment records must contain the following:

• the name of the employer;
• the name of the employee;
• whether employment is full time or part time;
• whether employment is permanent, casual or temporary;
• the date the employment began; and
• the ABN of the employer.