1. Recruiting and appointing employees

Employees may be employed by incorporated associations to undertake a range of duties, including:

• service delivery to undertake those activities to which the association has committed as a means of furthering its objectives. For example, community educator, advocacy caseworker, policy worker, recreation coordinator, personal care worker, youth worker, counsellor, crisis worker, refuge worker, information provider (including over the telephone);
• administration and support to assess, develop and maintain the administrative infrastructure required for the association to conduct its business. For example, reception, financial reporting, accounts, corporate documentation, media and public relations, records, data systems, office management; and
• management to manage the day-to-day operation of the association. This may include one or more levels of management or coordination. For example, manager, coordinator, supervisor, team leader, executive officer.

Sometimes, employees will be given responsibilities across different areas. For example, a manager may also have service delivery responsibilities, a senior caseworker may be given the task of supervising junior workers or all employees may have joint responsibility to share administrative duties.

1.1 Start at the beginning

When an incorporated association is considering employing a person, it is essential to ask a few fundamental questions, including:

• What exactly do we want the employed person to do? Is it reasonable and feasible? How does this work fit in with the association's objectives?
• What selection processes will be used?
• How will the person be employed? Under what conditions?
• How will the work and needs of the employee be supported, assessed and managed?
• What legal obligations does the association have as an employer? Are there any ethical issues that may need to be considered?
• How will the association deal with any conflict or dispute, either between the association as an employer and an employee(s), or between individual employees?
• Will the employment be a long-term commitment or a short-term contract? How will a person's employment come to an end?

In considering these questions, incorporated associations should take into account their own objectives and needs, legal and regulatory requirements, potential employee needs and resource availability.

1.2 Job descriptions

To ensure that any new position fits with the association's objectives, vision and strategic plan, it is useful to clearly identify what tasks are to be expected of the employee. 'Job Description Profiles' or 'Position Descriptions' are a good way for a position to be defined and described. The document is essentially a statement of:

• the position title; and
• the essential tasks or duties required to be performed.

It can also include details such as:

• the hours that the employee will be required to work;
• the remuneration the employee will receive in return for work performed;
• the reporting structure (that is, who the employee reports to and who, if anyone, reports to the employee); and
• other conditions of employment.

Job descriptions are generally used as the primary guideline for the selection of employees and are an important tool in the on-going management of employees' employment. A job description can be sent to prospective employees so that they know what the job requires, and this also allows prospective employees to determine if they think they are suitable for the position. This can also assist to make the selection process transparent.

It is often a good idea for job descriptions to firstly be prepared in draft form and circulated to others within the association for their comment. This helps to evaluate the clarity and appropriateness of the tasks and duties contained in the job description.

1.3 Selection criteria

In addition to developing a job description profile, the association should set out in writing the matters that will be taken into account in selecting applicants for employment. These are called selection criteria. The use of selection criteria is to ensure that the selection process is transparent, fair, consistent and accountable. The selection criteria should include matters such as the qualities, skills, knowledge and experience that the incorporated association requires of a successful applicant. For example, 'well developed written communication skills' or 'ability to develop Excel spreadsheets'. It is helpful to limit the number of selection criteria to say, six to ten. Having too many often makes the selection task more difficult.

It is fair and normal practice to let applicants know what criteria will be used to assess applications, and any special weight that will be given to each criterion. The selection criteria are usually forwarded to potential applicants along with the job description.

When preparing selection criteria (and later, selecting people for employment through the interview) associations need to be mindful of anti-discrimination legislation (See the Discrimination and Harassment section).

1.4 Advertising the position

An association may need to advertise for applicants for a position (although this is not a requirement of the law). The job advertisement should be published in a suitable newspaper that has a wide circulation, although the internet is used increasingly for advertising employment positions. Various networks of associations are also a valuable source of information for recruiting employees.

The advertisement should provide details about the job and contact details for obtaining further information on the job description and selection criteria. When preparing advertisements, consideration should be given to requirements under anti-discrimination legislation, and any information provided should not be misleading or deceptive.

1.5 The employment interview

The employment interview is an important part of the selection process. It provides the employer an opportunity to meet face-to-face with an applicant in order to learn more about the person and to see if he or she is suitable for the association.

The persons or committee interviewing the applicant (the interview panel) should prepare a basic set of interview questions prior to conducting interviews. The questions need to be relevant to the particular job description and the selection criteria. For example, questions about a person's previous employment experience, qualifications and reasons for applying for the job will generally be relevant.

As noted above, all aspects of the employment selection process are subject to anti-discrimination legislation. Accordingly, the interview panel needs to bear this in mind when developing questions. For example, questions about a person's religion, marital status or sexual orientation are not likely to be relevant and may give rise to discrimination issues.

1.6 The employment contract

Generally, a contract of employment forms the foundation of the relationship between an employer and an employee. The contract of employment contains the terms and conditions of employment, including matters such as pay, leave, hours of work etc. A contract of employment may be in writing or verbal. However, it is preferable to have a written contract, as this generally minimises any confusion, uncertainty or doubt about the terms and conditions of employment and in particular, key terms and conditions like remuneration, duties and notice of termination of employment.

For the majority of incorporated associations, an employment contract could be:

• a contract that supplements entitlements in:
  • an existing industrial award,
  • a collective agreement made between an employer and either employees or a union/s; or
  • an individual agreement made between an employer and one employee;
• a 'common law' contract of employment, particularly where the association is not covered by any award or agreement and only legislated minimum entitlements apply.

Industrial relations and employment in Australia is governed at two separate levels - the State level and the Commonwealth level. Each level has its own system of regulation. The terms and conditions of an employee's contract may be subject to a State or Commonwealth industrial award or agreement. In addition, there are State and Commonwealth workplace laws, such as minimum conditions, which may apply to that employment.