Policies

East Coast Apprenticeships operate at all times to meet the policies requirements of Government Legislation.  Details of specific policies appear below:

      #      Privacy Policy

      #      Harassment and Anti-discrimination 

      #      Grievance Policy

      #     Workplace Health and Safety Policy

      #     Rostered Days Off

Further information is available by contacting staff at our offices.

Privacy Policy

The private sector provisions in the Privacy Act 1988 regulate the way in which East Coast Apprenticeships collect, use, keep secure and disclose personal information.  It gives clients the right to know what information we hold about them and a right to ensure that their information is corrected if it is wrong.  The private sector provisions aim to give people greater control over the way information about them is handled in the private sector and ensures compliance by organisations with the ten National Privacy Principles (These may be viewed by contacting the East Coast Apprenticeships Privacy Officer or can be found at the Federal Privacy Commissioner Website:

 http://www.privacy.gov.au/publications/ipps.html).

East Coast Apprenticeships must take reasonable steps to make clients aware that it is collecting personal information about them, the purposes for which it is collecting the information, and who it might pass the information on to.  There are some restrictions on the uses we can make of personal information and when we can disclose personal information or transfer it overseas.  East Coast Apprenticeships must not collect personal information unless the information is necessary for one or more of our functions or activities and only by lawful and fair means and not in an unreasonably intrusive way.

Except for some special circumstances, clients have a right to get access to personal information we hold about them and to have the information corrected or annotated if the information is incorrect, out-of-date or incomplete. Clients can also make a complaint if they think information about them is not being handled properly.

Harassment & Anti Discrimination Policy

Policy Scope 

This document has been prepared to embrace all internal and external clients and staff who have dealings with East Coast and are associated with or deal through this organization in any way.  We pride ourselves on extending the same courtesies to our clients and to our staff, recognising  and upholding the rights of individuals to Equal Employment Opportunities and freedom from harassment and anti discrimination.

 Sexual harassment and other forms of harassment and discrimination are unacceptable and illegal: are against the objects and purposes of East Coast Apprenticeships which is a community whose members are related by strong bonds of interdependence and trust.  East Coast Apprenticeships aims to create a working and training environment that is free from harassment and discrimination and where all staff members are treated with dignity, courtesy and respect.  Harassment or discrimination by any member of staff, or other person using the facilities of East Coast will not be tolerated.

 East Coast establishes this policy and procedure in recognition of its commitment to equal opportunity in employment and its obligations under State and Commonwealth Equal Opportunity and anti-discrimination legislation.

 East Coast has implemented this policy on the basis of the following principles:

 Natural Justice

The principles of natural justice shall apply at all stages of the complaint resolution process.  Should a conflict of interest or bias be identified, a person responsible for investigating or resolving a complaint must relinquish the responsibility for investigations or resolution.  Each party must be given a fair opportunity to know the case against him or her and to be heard.

 Persons using this policy must not be victimised and have the right to take action under this policy if they believe victimisation has occurred.  East Coast is committed to providing an environment free of discrimination and harassment, but will not tolerate vexatious or frivolous complaints.

 Legitimacy

East Coast has a proper concern where harassment or discrimination creates an intimidating, hostile or offensive working environment; adversely affects the work performance of a member of staff; results in a staff member resigning or being unfairly dismissed; or involves or leads to a member of staff being victimised or being made the subject of any form of discrimination; is part of a pattern of behaviour and the harassing party is in a position of authority over, or senior to, the person experiencing the harassment.

 Confidentiality

It is of paramount importance and in the best interests of complainant and respondent that confidentiality is maintained during resolution procedures.  Communication about the complaint must be limited to persons to whom disclosure is consistent with their official position and responsibilities under this policy.

 An accusation of harassment or discrimination potentially involves defamation.  It is essential that the following shall be observed:

 (a)   Parties to a  complaint must act honestly and in good faith in using these procedures;

(b)   A person wishing to communicate with another person about a matter coming under these procedures must do so in private;

(c)   All those involved in these procedures must act within their roles, and abide by East Coast’s policy, procedures and guidelines.

 The public interest may require the release of confidential information to the appropriate outside authorities; this is permitted by law.  Similarly, East Coast must comply with the binding legal requirements to release confidential information, for example in response to a subpoena or a search warrant.

 Proaction

All staff members of East Coast, and other persons as necessary, will be informed of this policy and the grievance procedures and may consult in confidence specially-appointed contact officers.

There is reference to this policy in the Induction booklet and copies are available at any office of East Coast Apprenticeships.

East Coast will actively encourage all staff to develop an awareness of this policy and issues relating to harassment and discrimination.  East Coast will ensure that all staff members who exercise managerial or supervisory functions are made aware of their responsibilities.  East Coast operates training programs to address discrimination and harassment issues and promotes appropriate standards of conduct at all times.

Access

A sufficient number of Contact Officers have been appointed to provide access to staff.  The Chair Contact Officer will seek to ensure that Contact Officers represent as broad a range of study areas as possible, and that the names of the contact officers will be widely published to staff in branches, and with host employers.

 Efficiency

Understanding that conduct amounting to harassment and or discrimination is likely to be distressing to the victim, persons seeking appointment as an East Coast Contact Officer will receive training in:

 ·        The areas of relevant anti-discrimination law and East Coast policy and procedures;

·        Basic counseling skills relevant to the role in dealing with alleged discrimination and harassment;

·        Problem-solving skills

·        Full legislation awareness

 The Chair Contact Officer, shall coordinate the training of Contact Officers, provide continuing support and advice and convene regular meetings of the Contact Officers to discuss operation of the policy and relevant legislation changes.  Contact Officers shall be appointed for two years and may be reappointed.  Refresher training will be required prior to reappointment.

Complaints will be investigated immediately.  Complaintiff  and respondent are entitled to receive advice and support as appropriate and to be kept informed of the progress of the complaint.  Appropriate steps will be taken to ensure harmonious working relationships during and after reporting and resolutions of a complaint.

Choice

Where possible, complaints should be resolved by discussion, cooperation and conciliation, which aims to assist the parties to reach an agreement on an acceptable outcome.  An individual may choose to resolve the problem by discussing it with the other party or parties concerned.  A process for investigation of a formal complaint is available where discussion and or conciliation is inappropriate or has proved unsatisfactory.

Circumstances may also arise which require a complaint commenced under this policy to be dealt with under the provisions of a relevant industrial award, staff disciplinary procedures or relevant state or federal legislation.

 Seeking Advice

Staff members may seek advice regarding harassment and discrimination on the basis of the grounds recognised in East Coast’s Equal Opportunity Policy:

 ·        Race, colour, national or ethnic origin, nationality;

·        Sex or gender, sexual preference, martial status, pregnancy, status as a parent or carer;

·        Religious or political belief or activity, industrial activity;

·        Age (except in relation to compulsory age retirement, junior wage rates or other exceptions authorised by law);

·        Physical features, disability, medical record;

·        Personal association with a person who is identified by reference to any of the listed attributes; and

 Harassment and discrimination complaints should be dealt with initially seeking information and advice from the Chair Contact officer.

 Harassment and discrimination offenses can range in seriousness and can result in:

• ·        An apology;

• ·        Counseling and or professional development training;

• ·        Disciplinary action or misconduct proceedings;

• ·        Agreed resolutions or formal determination of grievances;

• ·        Penalties as prescribed under relevant legislation.

 Harassment

This includes intrusive or inappropriate questions or comments about a person’s private life; unwanted written, telephone or electronic messages; promises or threats relating to a person’s status in the workplace; physical violence or the threat of physical violence.  Harassment may occur as a single incident or a series of incidents.  It is impossible to identify all forms of harassment, However, some forms of harassment are:

•  ·        Displaying or distributing of pictures, posters, poems, publications, computer images or programs or other audio-visual material that are offensive and or obscene.

• ·        Stereotyping, that is, assumptions about an individual’s group behaviour, values, culture or abilities;

• ·        Asking questions about a persons private life or teasing about a persons alleged political or religious activities or other aspects of private life;

• ·        Making repeated and unnecessary reference to a persons racial or cultural back ground;

• ·        Making practical and or verbal jokes based on race, sex, gender, or disability;

• ·        Making unjustified and unnecessary comments about a persons work or capacity to work;

• ·        Making derogatory references to a persons sexuality, race, disability, marital status, pregnancy, family responsibilities, political or religious associations accent or manner of speech;

• ·        Using term of endearment that the recipient finds objectionable:

• ·        Humiliating a person with a  disability or their associate.

 Forms of behaviour which may initially appear mild or trivial can constitute severe harassment in staff/staff or employer/employee relationships where there is inequality of personal or employment status.

 Sexual Harassment

This is defined as including unwelcome sexual advances, unwelcome requests for sexual favours and unwelcome conduct of a sexual nature but does not include normal mutual attraction between two persons.  This definition makes it clear that sexual harassment includes a wide range of behaviour of a sexual nature, which causes distress to another person.  It may include behaviour of a nature, which may be acceptable or even welcome in other contexts, e.g.: between friends in a social environment, which is inappropriate at work or in a training environment.

 Racial Harassment

This is an action, which is reasonably likely to offend, insult, humiliate or intimidate, and which is done because of the race, colour or national or ethnic origin of the person offended. 

Disability Harassment

This harassment is an action which likely to offend, insult or humiliate or intimidate and which is done because of the disability of the person offended or the disability of a person associated with the person offended. 

Discriminatory Harassment

This can be where the behaviour or acts are directed against individuals or groups which are experienced as distressing, insulting, offensive, demeaning, humiliating, intimidating or which create an environment conducive to harassment.

Discrimination

This is any practice, which makes distinctions between individuals or groups on grounds other than merit so as to disadvantage some and to advantage others.  The discrimination may be on the basis of sex, disability, age, race or private life. 

Direct Discrimination

This form of discrimination is when an employer treats a person less favourably than someone else because of particular characteristics, attributes or status.  This can occur regardless of the perpetrator’s motive and whether or not he or she is aware of the discrimination or considers the treatment less favourable.  If one of the reasons for the less favourable treatment involves considerations of particular characteristics, attributes or status, the action will be unlawful discrimination even if that reason was not the dominant or substantial reason.   Some forms of harassment may amount to discrimination. 

Indirect Discrimination

This refers to a situation where a policy or practice which appears to be neutral or fair because it treats everyone in the same way, results in a particular person or group being adversely affected or disadvantaged.  In order to constitute unlawful indirect discrimination, the particular policy or practice must be unreasonable in the circumstances.  In addition for disability discrimination, the requirement makes compliance for a person with a disability practically impossible and the person is at an unreasonable disadvantage compared to people without a disability. 

Disability Discrimination

This can include treating a person associated with a person with a disability less favourably than a person not associated with a person with a disability.  It can also occur when a person with a disability, or a person associated with a person with a disability, is treated less favourably because of a disability aid (e.g. palliative and therapeutic devises and auxiliary aids, interpreters, readers and assistants and guide dogs).

Grievance Policy

Grievance Policy

Policy Scope 

This is an outline only of our complete Grievance Policy. 

This policy can be used for a response to alleged Harrassment, Anti-Discrimination or general grievance.  The principles of 'natural justice' and 'presumption of innocence' will be adhered to along with every effort to achieve an acceptable outcome to all stakeholders at the lowest level of engagement.

This document has been prepared to embrace all internal and external clients and staff who have dealings with East Coast and are associated with or deal through this organization in any way.  We pride ourselves on extending the same courtesies to our clients and to our staff, recognising and upholding the rights of individuals to Equal Employment Opportunities and freedom from harassment and anti discrimination.

Procedures

This section will describe the procedures in more detail and an overview flowchart of procedures for resolution of complaints is shown in the following document diagram.   

Step One

East Coast encourages any person who considers that they have been the subject of conduct amounting to harassment or have a general grievance to report the matter to:

(a)   A Contact Officer

(b)   The Chair Contact Officer

(c)   Their Direct Supervisor

(d)   The CEO

Step Two

The Person you decided to report the matter to will then follow these procedures:

(a)   In all instances the Contact Officer will be notified and a report will be submitted providing information about the situation to the Chair Contact Officer.

(a)   Once the Contact Officer has been notified the complaint will be handled immediately and will be supported in his or her choice of procedures to resolve the situation. 

Step Three

No contact shall be made with the person who is the subject of the allegation without the consent of the person who has made or filed the complaint.

Summary

This is a synopsis of this policy.  It is emphasised that when dealing with a complaint, East Coast Apprenticeships will apply the principles of 'natural justice' and 'presumption of innocence' along with every effort to achieve an acceptable outcome to all stakeholders at the lowest level of engagement.

 Workplace Health and Safety Policy Statement:

1.              The directors and management of East Coast Apprenticeships and their “host employers” recognize their obligations to: 

Workplace Health and Safety  Policy

Reference:   A.                  Workplace Health and Safety Act 1995

Introduction               

The Workplace Health and Safety Act 1995 applies to all workplaces, workplace activities and specified high-risk plant.  It applies to everyone who may affect the health and safety of others because of workplaces, workplace activities or specified high-risk plant; and everyone whose health and safety may be affected by workplaces, workplace activities or specified high-risk plant.  The objective of this Act is to prevent a person’s death, injury or illness being caused by a workplace, by workplace activities or by specified high-risk plant. 

                Group Training Companies have a specially defined role under the Act in relation to Host Employers and the placement of apprentices and trainees for the purposes of training.  The Act defines the ‘employer’ of an apprentice or trainee who is employed by a group training organisation, ‘… the employer is when the apprentice or trainee is engaged to do work for a host employer—the host employer….’    

The role of Field Officers in the assessment and monitoring of the workplace is to be carefully managed.  Field Officers are not qualified Workplace Health and Safety Officers as defined by the Act and should never present themselves as such.  They do however carry a responsibility on behalf of East Coast Apprenticeships in promoting the safe working environment of their apprentices.  This ‘duty of care’ is central to the Act.  The actions of a Field Officer do in no way negate the obligations and responsibilities of the Host Employer as define in the Act as ‘the employer of the apprentice’ during placement.

                 East Coast Apprenticeships promotes the welfare and well-being of all apprentices and promotes a strong partnership with the Division of Workplace Health and Safety and our Host Employers.  East Coast has established a protocol for the assessment and on going monitoring of the environment into which we may chose to place an apprentice with a Host Employer. 

Aim

                 This policy statement defines and explains the procedures for promoting Workplace Health and Safety in partnership with the Division of Workplace Health and Safety and a Host Employers’ legislated responsibilities. 

New Host Employer Process 

                This flowchart reflects the process to be followed when engaging a New Host Employer:

                 The contents of the Startup Kit are detailed at Attachment 1.  The Monitoring Checklist for Group Training Companies is at Attachment 2. 

On-going Monitoring 

                On a regular basis, Field Officers and at times other staff of East Coast Apprenticeships may visit a Host Employer’s workplace for administrative or pastoral care requirements.  Inherent in the responsibilities we accept for pastoral care and under our general obligations in accordance with the Act  when it is practicable to do so, visits are to incorporate the monitoring of the environment into which we have placed apprentices.  Monitoring may not be intrusive but applied to what is observed.  Where there is a matter of concern, the following actions must be applied:

               Note:   It is essential that immediate action is taken to remove the risk. 

Summary 

                East Coast Apprenticeships is committed to the welfare and well-being of our apprentices and to the promotion of Workplace Health and Safety.  We welcome any measures that reduce workplace risk and improve safety.

                 These procedures are to be reviewed regularly with the aim of continuous improvement.

Rostered Days Off Policy

Reference:

A.                  Building Construction Industry Award – State 2003

B.                   Industrial Relations Act 1999

 Introduction

                 East Coast Apprenticeships engages a large number of apprentices and some staff under the Building Construction Industry Award – State 2003.  In accordance with legislation, East Coast Apprenticeships is committed to fulfil our obligations where wages and entitlements are concerned for apprentices in accordance with the Industrial Relations Act 1999, which states: 

“s136 Apprentice’s and trainee’s employment conditions

(1)     An apprentice or trainee is entitled to the same employment conditions as those fixed by the industrial instrument applicable to employees in the  workplace where the apprentice or trainee is employed.”

                 With regard to the unique feature of Rostered Days Off applicable to this Award, East Coast Apprenticeships applies the following principles that comply with the Act: 

1.                    All apprentices and Host Employers are encouraged to take Rostered Days Off as they fall. 

2.                    Where for operational reasons the Host Employer and the apprentice determine to work the gazetted RDO, the apprentice is encouraged to take the RDO entitlement on an alternate day in the current or next four week cycle of the gazetted day. 

3.                    The mutual agreement between the apprentice and the Host Employment to take the gazetted RDO on an alternate day is evidenced in writing by the signature of both parties on the relevant time sheet. 

4.                    Where it is the choice of the apprentice not to take the RDO within the current or next four week cycle, the apprentice may request in writing to East Coast Apprenticeships, that that day be accrued and taken at a later date.  Eg. To supplement extended leave overseas. 

5.                    Where no such request is made, and the apprentice has not taken the accrued RDO in the stated timeframe, East Coast Apprenticeships may pay out the accued RDO in lieu.

6.                    All other requirements of the Award detailed under Section 6.1 are to apply.

Redcliffe Branch                                            Unit 3/238 Anzac Ave                                    Kippa Ring 4021                                        

Sunshine Coast Branch                                      Unit 2 68 Kingsford Smith Pde,          Maroochydore 4558

Ipswich Branch                                              Cnr River Road & Mary Street,                  Bundamba 4304

Phone: (07) 3881 3166
Fax: (07) 3881 3421
Email: brisbane@ecapprenticeships.com.au
                                                                  Phone (07) 3889 4917                                     Fax: (07) 3889 4937                                     Email: redcliffe@ecapprenticeships.com.au             

Phone: (07) 5479 4711                                    Fax: (07) 5479 5764                                     Email: sunshinecoast@ecapprenticeships.com.au

Phone: (07) 3816 1816                                     Fax: (07) 3816 2789                                      Email: ipswich@ecapprenticeships.com.au