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Frequently Asked Questions (FAQ)

Workforce planning

For further assistance with the Australian Workplace Relations System External Link please call the Workplace Infoline on 1300 363 264.

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Recruitment FAQ

IMPORTANT NOTICE: The following questions and answers are intended as a guide only. Every effort has been made to ensure the correctness and accuracy of the information set out in the answers to the following questions, however, please note, for example, that the information may not be applicable or correct for your situation. It is suggested that you obtain independent OHS, legal, business, financial, and/or medical advice in relation to each of the issues raised in the following questions and as these relate to your business.

Question: When placing a job advertisement in the paper, can I specify the age and sex of the person I want to employ?

Answer: Generally no. Instead, you should advertise the skills, abilities, experience or qualifications required. If you think the job can only be done by someone of a particular age or sex you may need to apply for an exemption from the Human Rights and Equal Opportunity Commission, or a state-based anti-discrimination body or the Equal Opportunity Tribunal.

Question: Should I specify the number of years of experience I want from a candidate when advertising?

Answer: You should describe the range of skills, experience and necessary qualifications you require, and use wording such as ‘demonstrated experience in...’ or ‘proven experience in...’, rather than the number of years of experience you require.

Question: Can I ask applicants to undergo a medical test before offering them the job?

Answer: Yes, provided you are only testing the person’s ability to perform the inherent requirements of the job, and provided that the medical examiner is aware of the particular job requirements. An employer may be required to put in place reasonable measures to accommodate an employee’s disability to help them to perform the job's inherent requirements. For more information on workplace modifications for employees with a disability please visit JobAccess External Link

Question: Are there any restrictions that should be considered for an employee referral programme?

Answer: Referral programmes often limit the number of candidates an employee can refer. This serves to keep self-managed systems at a reasonable size and builds in some screening by employees to make sure only their best referrals have a shot.


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Retention FAQ

IMPORTANT NOTICE: The following questions and answers are intended as a guide only. Every effort has been made to ensure the correctness and accuracy of the information set out in the answers to the following questions, however, please note, for example, that the information may not be applicable or correct for your situation. It is suggested that you obtain independent OHS, legal, business, financial, and/or medical advice in relation to each of the issues raised in the following questions and as these relate to your business.

Question: What is the estimated cost of replacing an employee to an organisation?

Answer: Ernst & Young, a global audit firm, recently estimated that the costs incurred for turnover in client service roles averaged 150 per cent of a departing employee’s annual salary. Staff turnover can also substantially affect retention of customers. In one study of more than 3,000 customers in six service industries, 80 per cent saw employee retention as a problem for their service provider.

Question: What are the key factors for increasing the retention of valued mature age workers?

Answer: The key factors to address are: creating meaningful work, changing roles and responsibilities to cater to phased retirement, developing a rewards and recognition programme, and ensuring that the knowledge and experience is passed and kept in the organisation through mentoring and knowledge management.

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Superannuation and payroll FAQ

IMPORTANT NOTICE: The following questions and answers are intended as a guide only. Every effort has been made to ensure the correctness and accuracy of the information set out in the answers to the following questions, however, please note, for example, that the information may not be applicable or correct for your situation. It is suggested that you obtain independent OHS, legal, business, financial, and/or medical advice in relation to each of the issues raised in the following questions and as these relate to your business.

Question: Is there still a minimum wage?

Answer: Yes. The Australian Workplace Relations system provides a guarantee of basic rates of pay. These rates are set and adjusted by the Australian Fair Pay Commission External Link.

Question: Can I give my staff advice about superannuation?

Answer: You can provide factual information to an employee about different superannuation funds, your obligations as an employer, and how the employee can nominate one of these as their chosen fund.

However, giving advice about which superannuation fund an employee should choose, or recommending that an employee consolidate their superannuation into one account, is likely to be considered financial advice. Anyone providing financial advice is generally required by law to be licensed by the Australian Securities and Investments CommissionExternal Link

Providing such financial advice unlawfully may cause you to be liable to prosecution and may expose you to liability if the advice is relied upon and a person suffers loss. It is suggested that you obtain legal advice to determine whether the factual information you wish to provide may be lawfully provided.


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Safe and healthy work environment FAQ

IMPORTANT NOTICE: The following questions and answers are intended as a guide only. Every effort has been made to ensure the correctness and accuracy of the information set out in the answers to the following questions, however, please note, for example, that the information may not be applicable or correct for your situation. It is suggested that you obtain independent OHS, legal, business, financial, and/or medical advice in relation to each of the issues raised in the following questions and as these relate to your business.

Question: Can I ask someone applying for a job if they have had a previous Work Cover claim?

Answer: It is better to ask whether they have any existing or known injuries that might affect their ability to do the job. This is because a job applicant who answers ‘yes’ to the question above and is refused employment could claim that they have been discriminated against based on a presumption made about a past injury.

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Question: What is duty of care?

Answer: Duty of care requires everything ‘reasonably practicable’ to be done to protect the health and safety of others at the workplace. Implementing the duty of care principle means planning for the prevention of workplace accidents, injuries and illnesses.

The employer’s duty of care applies to all people in the workplace, including visitors, contractors and so on. There is also a general obligation on the designers, manufacturers and suppliers of plant and substances used by people at work to ensure that their products are not a risk to health and safety when properly used, and to provide information on the correct use and potential hazards associated with the use of their products.

In addition, there is a general obligation on employees to take care of others and cooperate with employers in matters of health and safety. An employee must also co-operate with the employer and others to comply with the Occupational Health and Safety legislation in your state or territory; or the Commonwealth Occupational Health and Safety legislation if your employer is covered by this.

Read more: Commonwealth, State and Territory Occupational Health and Safety Legislation 

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Question: What is compulsory workers' compensation insurance and when is it required?

Answer: Employers must take out and keep up to date a workers' compensation insurance policy covering all their workers as required by the relevant workers' compensation authority.

Workers' compensation insurance provisions for injured workers vary across the Commonwealth, state and territory schemes, but the obligations for employers will be the same for all workers, regardless of their age.

Employees who suffer from injuries that arise out of or in the course of their employment will normally be entitled to compensation payments for lost income and medical treatment; although there are some limitations for injured employees at, or near, age 65.

Employers should check with their relevant workers' compensation authority for more detail on their obligations and entitlements for their employees.

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Question: Does an employer have to provide suitable duties for an injured worker?

Answer: Return to work provisions for injured workers vary across the Commonwealth, state and territory schemes, but the obligations on employers will be the same for all workers, regardless of their age.

The emphasis on timely, durable and safe return to work is a feature of all workers' compensation schemes in Australia. Generally speaking, employers will be required to assist injured employees to return to work following a work related injury, but employers should check with their relevant workers' compensation authority for more detail.

Returning injured employees does not have to be expensive and onerous. In fact, effective and sustainable return to work practices following work related injury can provide a range of benefits for employers and employees, including:

  • reduced direct and long term compensation claim costs;
  • retention of valuable trained and experienced staff;
  • opportunities for retraining and redeployment;
  • better long term health outcomes for injured individuals; and
  • increased staff confidence, morale and commitment to their employer.

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Question: How can a health and safety consultant assist my business?

Answer: The health and safety of employees is vitally important, but understanding the laws and knowing how to manage health and safety effectively can be difficult. By getting advice from an independent health and safety consultant, your business can quickly and easily get an understanding of what the legislation means in your particular context and how to go about managing health and safety in a step-by-step fashion.

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Training and development FAQ

IMPORTANT NOTICE: The following questions and answers are intended as a guide only. Every effort has been made to ensure the correctness and accuracy of the information set out in the answers to the following questions, however, please note, for example, that the information may not be applicable or correct for your situation. It is suggested that you obtain independent OHS, legal, business, financial, and/or medical advice in relation to each of the issues raised in the following questions and as these relate to your business.

Question: Can a business access apprenticeship funds for training mature age workers as well as younger workers?

Answer: If the business complies with the specified requirements for the apprenticeship fund, there are a range of apprenticeships and funding programmes available that can include mature age workers. Please see the Australian Apprenticeship Centre website External Link or contact your nearest Australian Apprenticeship Centre External Link for further details.

Question: Are mature age workers afraid of current technology, computers and the internet?

Answer: No. Like all age groups, this attitude varies from individual to individual. In fact, most mature age people are interested in IT and many who do not have a great deal of IT knowledge express a desire to improve their computer skills. Please see our workforce myths section for further information on this issue.

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