|
Recruiting a new employee can be an expensive exercise once you consider costs such as advertising, interview time, agency fees, training the new employee, and various administrative costs. These issues have the following implications:
-
Only recruit if you are sure you need a new employee.
-
Make sure you have accurate information about the job so you can recruit the right person.
- Ensure that your recruitment and selection processes comply with relevant laws.
Use the Recruitment Checklist to guide your recruitment processes. It provides a 'warning list' applicable at each stage of the recruitment process, alerting you to particular issues of which to be aware.
Do you need a new employee?
Consider alternatives to recruiting a new employee that may be more cost effective. These may include: reallocating existing employees; redesigning the job; changing work hours or working arrangements; outsourcing the work; or using contractors or labour hire workers. Look at the longer term needs of the business, however these options should not be just a 'quick fix'.
If you wish to implement any of these alternative strategies, it is best to discuss them first with a workplace lawyer who can advise you of any legal risks which may be involved in taking this action. For example, if you unilaterally redesign an existing employee's job or change their working hours, you may be subject to a breach of contract claim.
Collect accurate information
Analyse the job again and ensure you have a written, up-to-date job description and person specification. Identify the job’s key performance and competency standards.
Evaluate any constraints which may affect recruitment, such as budgetary/financial, space, work equipment, and other resources.
Comply with the law
Legislation affects recruitment in the following areas:
- equal opportunity/discrimination
- privacy
- award/agreement provisions
- employment contract law
- apprentices and trainees
- minimum employment age
- occupational health and safety
- taxation
- trade practice laws
Make sure you are familiar with all relevant legal requirements before proceeding. The Useful Links section on HRA Advance provides you with links to government and other useful websites that may be of assistance.
The recruitment process
Once you decide to recruit a new employee and have collected the necessary information, the next step is to decide who conducts the recruitment process — you, or a recruitment agency/consultant. If you will be doing the recruiting, the process usually follows the stages outlined in the Recruitment Checklist available on HR Advance.
If you use an employment agency, it is important that you give them an accurate brief of the position being offered, and ensure that the agency does not misrepresent the position and conditions being offered.
You should consider destroying documentation from unsuccessful candidates after a short period (eg three months) as privacy laws may cause problems if documentation is retained. Notify candidates that this is the action which will be taken if their application is not successful. Always return any original documents you receive to the unsuccessful applicants, or give them a reasonable opportunity to collect them from you. If an unsuccessful candidate gives you permission to keep his/her documentation then it is lawful to do so.
The job offer — how will my employees' pay and conditions be expressed?
This question relates to the legal expression of your intentions. Your range of choices will depend on the entity which employs the employees as well as individual considerations. The possible choices available are:
-
Award — for which award covers your employees, see Award Links. An Award should always be supplemented by a written contract of employment settling out the minimum period of notice required to terminate the employment.
-
Enterprise (‘group’) Agreement — made between an employer, groups of employees and (sometimes) unions. All states and the federal system make provision for this type of agreement. An Enterprise Agreement should always be supplemented by a written contract of employment for each individual employee covered by it, which sets out the minimum period of notice required to terminate the employment.
-
Written contract of employment — this can be expressed in a letter format.
-
Combination of award and written contract — this is common for award-covered employees. Note: It is important that the written contract does not attempt to override award conditions. If this is desired, consider an Enterprise Agreement or Individual Flexibility Agreement, both of which are available on HR Advance.
-
Combination of Enterprise Agreement and written contract — this is common for Enterprise Agreement-covered employees. Note: It is important that the written contract does not attempt to override the Enterprise Agreement conditions. If this is desired, consider using an Individual Flexibility Agreement.
| 
