HOUSE GUIDELINES & POLICIES
TABLE OF CONTENTS
Leave & Unavailability Policy
Discrimination, Bullying, Harassment and Sexual Harassment Policy
Corrective and Disciplinary Action Policy
Alcohol and Other Drugs Policy
Code Of Conduct
Acknowledge and Accept ATAG Policies
LEAVE & UNAVAILABILITY POLICY
This policy outlines the entitlement to various forms of paid and unpaid leave available to eligible employees and the processes for approval.
Purpose
The purpose of this policy is to provide guidance on the application and approval process for all leave types and unavailability requests.
Scope
This policy applies to all employees of Agree to Agree Group.
Entitlements
Find listed below the leave entitlements for permanent full-time employees per year under the Fair Work Act 2009 (Cth). For part-time or fixed term contract employees, these entitlements apply on a pro-rata basis.
Leave Type
Annual (Recreation)
20 working days per year (accruing)
Personal
10 days per year (accruing) including sick and carer’s leave.
Community Service
As required
Paid Family and Domestic Violence leave
10 days of paid family and domestic violence leave in a 12-month period. Does not accumulate from year to year if it’s not used.
Long Service
Each state and territory have different LSL legislation – visit the Fair Work website: Long Service Leave.
Compassionate
2 days for each relevant occasion.
Leave without pay (LWOP)
Depends on individual circumstances
Discretionary leave
Depends on individual circumstances
Responsibilities Before Leave Commences
Wherever practicable, all employees must ensure they have completed the following before leave commences:
complete all tasks which have been assigned to them, or arrange for these to be delegated to another member of staff after consulting with the relevant supervisor;
communicate with relevant staff of their absence, including support staff, supervisors, and other colleagues;
Activate “out of office” email replies stating the period of absence from work and the contact details of the relevant person in their absence if applicable.
Agree to Agree Group understands that the actions listed above cannot always be completed prior to absences particularly when taking personal, carer’s and compassionate leave and Agree to Agree Group will be sympathetic to the relevant circumstances.
Types of Leave
Annual Leave
Permanent full-time employees are entitled to four weeks (20 working days) leave per calendar year. Part-time permanent employees are entitled to a pro rata amount of annual leave and casual employees are not entitled to annual leave.
Public holidays that fall during the period of annual leave will not be counted as annual leave. Payment for annual leave is at the same rate as ordinary earnings.
Employees are responsible for monitoring their annual leave balances and should endeavour to take annual leave in the year that it accrues. Before applying for annual leave, employees must refer to their payslip or seek advice from Agree to Agree Group to determine their accrued entitlement.
There is an expectation that employees will consider the timing of their leave applications and, wherever possible, annual leave should coincide with periods of low workload. Employees are also expected to cooperate with directions by management to take annual leave from time to time.
If an annual leave application is denied by an employee’s supervisor, the supervisor must provide reasons for the refusal and discuss alternative times for the leave to be taken that suit both parties.
Excessive Leave Accruals
Employees with eight or more weeks of unused annual leave accrued may be required to attend a meeting with management to develop a strategy for leave reduction with a view to the employee taking some, or all, of their leave at a mutually convenient time.
If a mutually convenient time cannot be decided, employees may be directed to take annual leave by management by the notice of four weeks before the leave is due to commence.
Shutdown Period
It is often standard practice for Agree to Agree Groups venues to close for business for a period between Christmas and New Year each year and, depending on when those days fall relative to weekends, for a day or more prior to and afterwards. These days (exclusive of public holidays) are to be taken as annual leave. Employees will be notified by management of the dates of the Christmas shutdown for that year in advance (at least 2 months). It is important that all employees take account of these compulsory leave days when planning their leave.
Personal Leave
Personal Leave includes Sick Leave and Carer's Leave. Permanent full-time employees are entitled to take 10 days per annum. Permanent part-time employees will be entitled to a pro-rata amount depending on the number of hours they work in a week.
Personal/carer’s leave accrues on a pro-rata basis and is cumulative from year to year.
Personal leave is not paid out when the employee resigns or retires from the organisation.
Sick Leave
Sick leave is available for personal illness or injury.
Where sick leave entitlements have been exhausted, leave without pay arrangements will apply.
In Victoria, an employee who receives workers compensation payments for an illness or injury is not entitled to receive sick leave payments for the same condition, nor will they continue to accrue personal/carer’s leave whilst receiving workers compensation payments.
Employees must actively monitor their sick leave balance.
Evidence Requirements for sick/carer’s leave
Option 1:
A medical certificate is required if you are ill the working day immediately before or after a public holiday, and during the taking of annual leave or if you are absent from work for three days or more.
Option 2:
Employees may be requested by their direct supervisor to produce a medical certificate for a period of absence from work if reasonable to do so. This might include any of the following instances (without limitation):
where the absence occurs directly after a period of annual leave, on a day either side of a weekend, or either side of a public holiday.
where an employee on annual leave is ill or injured during this period and wishes to claim personal/carer’s leave for the period and restore their leave balance.
where the absence taken exceeds two days consecutively.
where an employee is claiming carer’s leave; and
where an employee is taking planned sick leave to provide certainty around the expected dates of absence from a medical professional.
If an employee does not produce a medical certificate upon request by their supervisor, they will not be paid for personal/carer’s leave and will have an option of using another type of accrued leave or can take unpaid leave.
Unplanned Sick Leave Notification Procedure
Where employees know that they will need to be absent from work due to a short-term illness, the employee must (where practicable):
Notify their supervisor as early as possible:
The employee is to contact their manager to advise of their condition and likely return to work date. This should be done as early as possible on the morning of their first day of absence from the workplace. If the employee cannot contact the supervisor, they should try and contact another senior team member.
Advise of pending tasks which will affect the team:
Advise their supervisor (or other team member who is available) of any scheduled tasks or meetings that will need to be covered or rescheduled where applicable.
Updates:
The employee must keep management updated of any changes to their expected return date.
Please refer to the section below for a discussion of the procedure when an employee does not have enough leave accrued for the period of leave proposed to be taken.
Planned Sick Leave
An employee may require leave in the following instances:
where an employee needs to undergo surgery or other medical procedure; and
where an employee has been directed by a medical practitioner that they need to take a specified amount of time off work.
Sick leave is only available if an employee is unfit for work because of illness or injury. Accordingly, the company may require an employee to take paid annual leave where the precondition for taking such leave does not exist.
Where there is enough sick leave accrued to cover the proposed absence from work:
If an employee has enough sick leave in their leave balance, they should email their manager at the earliest opportunity indicating the intended dates of the absence and expected return date. The employee and the supervisor are then to discuss whether the leave request can be accommodated at the time requested having regard to:
the urgency of the planned sick leave;
the work schedule at the time leave is requested; and
any other matter which is deemed relevant in the circumstances.
If a supervisor refuses the request, they must provide reasons immediately with the intention of finding an alternative period as close to the dates the employee requested.
Once satisfied that the leave request can be accommodated, the supervisor must approve the leave through Tanda.
Where there is not enough sick leave accrued to cover the absence:
Where the period of sick leave extends beyond the employees accrued entitlement to sick leave, the employee is to discuss this with their manager. A period of unpaid leave will only be approved if the leave is discussed with the supervisor and the employee complies with the notification and evidence requirements under the Personal/Carer’s leave Policy.
Carer's Leave
Carer’s leave may be taken if an employee is required to provide care or support to a member of his or her immediate family, or a member of his or her household, who requires care or support because of:
a personal illness, or personal injury, affecting the member; or
an unexpected emergency affecting the member.
An employee will be entitled to unpaid carer’s leave of up to two days on each occasion when a member of their immediate family or household requires support because of an illness or injury or because of an unexpected emergency. This entitlement only applies if the employee is not entitled to, or has exhausted their entitlement to, paid personal/carer’s leave.
The employee shall, if required, produce a statutory declaration or medical certificate establishing that the person concerned needed the employee’s care or support.
Compassionate Leave
Employees, including casual employees, are entitled to two days paid compassionate leave:
for the purpose of spending time with a member of his or her immediate family or household who has contracted an illness or sustained an injury that poses a serious threat to that person’s life
after the death of a member of his or her immediate family or household
a baby in their immediate family or household is stillborn
they have a miscarriage; or
their current spouse or de facto partner has a miscarriage.
Compassionate leave may be taken as a single period of two days or as two separate days of one day each.
Extended paid or unpaid compassionate leave is to be authorised by your manager.
Leave Without Pay
Where possible, employees requesting unpaid leave will need to provide six weeks notice before the period of unpaid leave being requested is to commence. Agree to Agree Group understands that this requirement cannot be met in all circumstances, particularly in emergencies or situations relating to an employee’s health and will be sympathetic to individual circumstances.
All employees, including casual employees, are entitled to unpaid carer’s leave to care for a member of their immediate family or household. For more information visit Unpaid carer's leave.
Requests for leave without pay are to be submitted to an employee’s manager for consideration. The manager will consider upcoming work, current projects and other employee leave requests which will affect the business in the process of making these decisions.
Community Service Leave
Employees have a right to unpaid leave to undertake eligible community service activities such as jury service and emergency service duties. Employees must notify the organisation of the expected period of absence as soon as practicable.
The company may require the employee to provide reasonable evidence that the absence from work is because they are engaging in an eligible community service activity.
Employees required to attend jury duty will continue to receive their regular salary payment during the period of jury service. Payment made to the employee for attending jury service must be reimbursed to the company when the employee receives jury duty payment.
Family and Domestic Violence Leave
Family and domestic violence means violent, threatening, or other abusive behaviour by an employee’s close relative that:
seeks to coerce or control the employee
causes them harm or fear.
A close relative is:
an employee's:
spouse or former spouse
de facto partner or former de facto partner
child
parent
grandparent
grandchild
sibling
an employee's current or former spouse or de facto partner's child, parent, grandparent, grandchild, or sibling, or
a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
All employees, including part-time and casual employees, are entitled to 10 days paid family and domestic violence leave in a 12-month period to enable them to do something to deal with the impact of this, and it is impractical to do so outside of their ordinary hours of work. For example, this could include:
making arrangements for their safety, or the safety of a close relative (including relocation)
attending court hearings
accessing police services
attending counselling
attending appointments with medical, financial or legal professionals.
This 10- day leave entitlement is available upfront whereby unused leave does not accumulate from year to year. This leave renews every year on an employee’s work anniversary.
Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren't on leave. Casual employees will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.
Employees will continue to be entitled to the existing entitlement of 5 days unpaid family and domestic violence leave until they can access the new paid entitlement.
You are required to notify your manager of such absence as soon as practicable (which can be on the first day of your leave) and advise of the period (or expected period) of leave.
The Company may request reasonable supporting documentation from the police, a court, a medical professional, lawyer or other reasonable form of documentation as evidence that the leave will be, or was, taken for the purposes as outlined in this policy.
Unless required by law or to maintain the health and safety of an employee, the company will take reasonable and practicable steps to maintain confidentiality. Further, the Company will take steps in ensuring family and domestic violence leave, leave taken and leave balances are not reflected on an employee’s payslip. The Company will instead record these leave balances and leave taken separately.
Long Service Leave
Supervisors of employees taking approved Long Service Leave need to prepare a strategy for covering the employee’s role for the period of absence with regard to whether responsibilities can be absorbed by the team or if additional resources are required and any potential effects on current projects and future plans.
State
Entitlement
Australian Capital Territory
6.066 weeks on full pay after 7 years’ continuous service.
New South Wales
8.6667 weeks on full pay after each period of 10 years’ continuous service.
Northern Territory
13 weeks on full pay after each period of 10 years’ continuous service.
South Australia
13 weeks on full pay each period of 10 years’ continuous service.
Western Australia
8.6667 weeks on full pay after each period of 10 years’ continuous service.
Victoria
After 7 years’ service, 1/60th of the period of continuous service. (approx. 0.866 of a week each year.)
Queensland
8.6667 weeks on full pay after each period of 10 years’ continuous service.
Tasmania
13 weeks on full pay in respect of the first 15 years of continuous service and 8.6667 weeks in respect of every subsequent 10 years’ continuous service. (For mining workers, the entitlement is 13 weeks in respect of every 10 years of continuous service.
Procedure
Applications for Leave
A leave application must be completed for all absences from work, specifying the intended start and end dates of the leave and the type of leave required for the period. All leave applications should be requested through Tanda and a written request must be submitted to your manager via email.
Wherever possible, employees should give six weeks notice of their intention to take annual leave to allow for necessary workload planning and rostering. An employee’s supervisor can approve a request for annual leave once they are satisfied that the leave can be accommodated and is in line with an employee’s accrued entitlement. Requirements for notice and evidence regarding other forms of leave are discussed in this policy under the appropriate heading(s).
Applications for Unavailability
An unavailability request must be submitted to Tanda and is required where an employee is unavailable to work certain shifts due to other commitments such as but not limited to, study, personal commitments, events and appointments. Unavailability requests are to be submitted under circumstances where you are planning on taking 1-2 working days off in addition to your usual rostered shifts. The employee is required to provide two weeks notice, where it is possible so that management can forecast appropriately according to workload. In the event that multiple employees have applied for the same unavailability, Agree to Agree Group may request that you are flexible with your requested dates where it is considered reasonable. Agree to Agree Group is committed to approving all unavailability requests where it is possible and in the event that a request can not be approved, appropriate alternative arrangements that suit both parties will be discussed.
Refusal of leave applications
An application for leave may not always be granted (except in cases of unpaid/adoption leave where employees are eligible to take such leave). If an application is denied by an employee’s supervisor, the supervisor must provide reasons for the refusal and discuss alternate times for the leave to be taken that suit both parties. Approval or refusal of a leave application will depend on the type of the leave requested, the individual circumstances of the employee (including their current leave balance) and the needs of the organisation.
Unscheduled absences
Agree to Agree Group understands that in certain instances (usually personal/carer’s leave and compassionate leave) a Leave Application Form cannot be submitted prior to the leave commencing. Agree to Agree Group are sympathetic to individual circumstances and where such instances occur, any documents and evidence requirements should be submitted to the employee’s supervisor upon their return to work. Payment for the leave will be subject to relevant evidence requirements which may apply to requests for a period of such leave and the employees’ available leave balance.
Further Information on Leave
For further information on this policy please contact Casey Skinner at casey@agreetoagreegroup.com
Discrimination, Bullying, Harassment and Sexual Harassment
This policy and procedure sets out the types of behaviours and conduct which will be taken to constitute discrimination, bullying, harassment and sexual harassment and establishes procedures for handling complaints of discrimination, bullying, harassment and sexual harassment in the workplace.
Purpose
Agree to Agree Group is committed to providing a workplace which is free from bullying, harassment and unlawful discrimination. The organisation aims to ensure all those participating in the workplace are treated with respect, dignity and fairness with an aim of creating an inclusive environment which promotes positive working relationships.
This policy and procedure is designed to ensure that all employees understand what will be regarded as discrimination, bullying and harassment, how complaints of discrimination, bullying and harassment can be made and how claims will be treated by Agree to Agree Group.
Scope
This policy and procedure applies to all employees and contractors (temporary or otherwise) of Agree to Agree Group.
Definitions
Term
Definition
Discrimination
Discrimination occurs when a person is treated less favourably or harassed in certain areas of public life including their employment because of a personal characteristic or prescribed attribute that is protected under law.
Direct discrimination occurs when a person is denied a benefit or an opportunity on the grounds of any of the prescribed attributes.
Indirect discrimination occurs when a policy, rule or practice has a discriminatory effect against a person or group of people in relation to any of the prescribed attributes.
The protected attributes under the Fair Work Act are:
race
colour
sex
sexual orientation
age
physical or mental disability
marital status
family or carer's responsibilities
pregnancy
religion
political opinion
national extraction
social origin
breastfeeding
gender identity
intersex status
experiencing family and domestic violence.
Workplace Bullying
Bullying is repeated, unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety and is unlawful. Bullying can occur by direct or indirect means.
Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time.
Unreasonable behaviour means behaviour that a reasonable person, having regard for the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.
Direct bullying occurs between the specific people involved.
Indirect bullying involves third parties participating in bullying behaviours, for example passing on insults or spreading rumours. Indirect bullying mostly inflicts harm by damaging another's social reputation, peer relationships and self-esteem.
Harassment
Harassment occurs where a person engages in uninvited or unwelcome behaviour which a reasonable person would expect would cause another person to be offended, humiliated or intimidated. It does not matter if the person who committed the act intended, or did not intend, to upset or cause offence to the other person.
Sexual Harassment
Sexual harassment is defined in the Sex Discrimination Act 1984 (Cth) (SD Act) as: 'any unwelcome conduct of a sexual nature that a reasonable person, having regard to all the circumstances would have anticipated would offend, humiliate or intimidate the other person.' Similar definitions are found in State and Territory anti-discrimination and equal opportunity legislation.
Victimisation
Victimisation occurs when a person subjects another person to detriment (or threatens to do so) because they have made or intend to make a complaint or refused to assist in the contravention of this policy. It also includes acting to a person’s detriment because they have agreed to be a witness.
Policy
This policy and procedure is not limited to the workplace or working hours and covers all work related events, which includes (but is not limited to) functions, meetings and Christmas parties.
This policy also relates to, but is not limited by, the following types of communication:
Verbal communication either over the telephone or in person in and outside the workplace
Written communication including letters, notes, minutes of meetings and all other physical communication
Internal and external electronic communication including:
Email
Instant messaging services
Internal intranet
Faxes
Communication via MS Teams, Zoom, Face-Time and other platforms
Social media and networking forums including Facebook, LinkedIn, Twitter and other forms of social media
Communications via text message.
Standards of behaviour
In line with Agree to Agree Group’s commitment to creating a workplace which is free from workplace health and safety risks and one which strives to create positive working relationships, all those covered by this policy and procedure are expected to observe the following minimum standards of behaviour:
Being polite and courteous to others;
Being respectful of the differences between people and their circumstances;
Ensuring they do not engage in any discriminatory or bullying behaviour(s) towards others in, or connected with, the workplace which includes customer, clients, suppliers, supervisors, managers and other visitors;
Ensuring they do not assist, or encourage, others in the workplace, or in connection with the workplace to engage in discriminatory or bullying behaviour(s) of any type;
Adhering to the complaint procedure in this policy if they experience any discriminatory or bullying behaviour(s) personally;
Reporting any discriminatory or bullying behaviour(s) they see happening to others in the workplace, or connected with the workplace, in line with the complaint procedure outlined in this policy;
Keeping information confidential if involved in any investigation of discrimination, bullying or harassment.
These standards of conduct are intended to operate in addition to, and in conjunction with, Agree to Agree Group’s code of conduct policy.
Agree to Agree Group will take all complaints of discrimination, bullying, harassment and sexual harassment seriously, and respond with impartiality and confidentially.
Discrimination
Unlawful discrimination will not be tolerated by Agree to Agree Group. Employees found engaging in discriminatory conduct will be subject to disciplinary action.
Examples of behaviour which may constitute discrimination (if behaviour is based on the employee’s personal attributes as protected by law) include:
Refusing to employ someone
Denying someone extra shifts
Denying requests for leave
Unfair discipline or criticism
Not promoting someone to a senior role
Allocating an inadequate, inconsistent or unfair workload
Bullying
There is no exhaustive list of behaviour that constitutes bullying. However, examples of conduct that could constitute bullying include:
A manager or supervisor using a management style that is harsh, involves shouting, constant criticism or humiliation of an employee or group of employees in private or in front of their peers;
An employee being treated less favourably by another employee or group of employees in the workplace, including, but not limited to, bullying or intimidation; forcing an employee to participate in an “initiation” process; the playing of practical jokes or forcing an employee to undertake demeaning tasks;
Sniggering or gossiping behind someone’s back;
Laughing at someone in the workplace which is intended to make them feel uncomfortable or distressed;
Sabotaging another person’s work;
A manager setting unreasonable timelines or constantly changing deadlines for an employee to meet, or setting tasks that are unreasonably below or beyond a person’s skill level;
Continuously and deliberately excluding someone from workplace activities including ignoring them and keeping them isolated from relevant communications about work issues.
Workplace behaviour that does not constitute bullying
Fair and reasonable management action taken in order to counsel an employee for instances of underperformance, investigating complaints made against employees, discipline for misconduct and other work directions in line with business needs does not amount to bullying.
Harassment
So long as the conduct was such that a reasonable person would expect that it would cause another person to be offended, then a breach of this policy will be found to have occurred.
Prohibited harassment can take many forms, such as sexual harassment, bullying, disability harassment or racial or religious vilification. It is not limited to these forms of harassment.
Harassment prohibited under this policy may occur by way of:
an ongoing pattern of behaviour
a series of incidents
an isolated incident of harassment.
Harassment can be physical, verbal or written. It can include words, pictures or statements. It may be transmitted by post, phone, fax, video, e-mail, messaging apps, mobile phone text messages, posters or photographs, computer servers or screensavers.
Sexual Harassment
Sexual harassment occurs when:
a person makes an unwelcome sexual advance or an unwelcome request for sexual favours, to the person harassed
engages in other unwelcome conduct of a sexual nature in relation to the person harassed.
a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
Agree to Agree Group will not tolerate sexual harassment or victimisation and is committed to taking all reasonable steps to prevent an employee from engaging in acts of sexual harassment or victimisation in connection with their employment. Agree to Agree Group understands it has a legal responsibility to prevent sexual harassment in the workplace and unless Agree to Agree Group has taken all reasonable steps to prevent an employee from engaging in sexual harassment or victimisation in connection with his or her employment, the Company may be vicariously liable for such conduct.
Sexual harassment is prohibited within employment relationships involving employers, employees, clients, customers, contract workers and partners.
This Policy is a proactive step in preventing sexual harassment in the workplace. Each employee will receive this policy upon commencement of employment and can access it for the duration of their employment.
Depending on the circumstances, the following kinds of behaviour may be deemed sexual harassment and may be unlawful:
jokes or cartoons about someone's appearance, body shape, or any other personal matter that may cause embarrassment and make people feel uncomfortable
sexual or physical contact such as putting your arm around someone, slapping them, kissing, touching or patting them
staring or leering in a sexual manner (looking someone up and down)
standing too close to someone or brushing him or her as you walk past
verbal abuse or comments that put down or stereotype people because of their sex, appearance or sexual preference. These gestures may not need to be obviously crude for the behaviour to be deemed sexual harassment
offensive gestures and "wolf" whistling
displaying in the workplace or in personal belongings material that is sexist, sexually explicit or homophobic (anti-gay). This includes offensive e-mails, screensavers or computer 'wallpaper'
repeated sexual invitations when the person invited has refused similar invitations before
a sexually explicit email or text message
an unwanted invitation to go out on dates
intrusive questions or remarks about a person's sexual activities or private life.
Please note the above list is not exhaustive.
Acts of sexual harassment may also constitute criminal offences, such as:
physical molestation or assault;
indecent exposure;
sexual assault and rape;
stalking; or
obscene communications (telephone calls, faxes, letters, emails etc.).
Acts of sexual harassment or victimisation occurring after work or outside of the specific workplace may still be considered ‘in connection’ with an employee’s employment. Therefore, this policy is applicable to any conduct occurring after office hours or outside of the workplace (including but not limited to social engagements that may be in connection with the Company). Further, being under the influence of drugs or alcohol is not considered an excuse for engaging in sexual harassment or victimisation.
Sexual harassment doesn’t have to be repeated or continuous. It can be a one-off incident. Sexual harassment in connection to employment can be considered serious misconduct and can be a valid reason for dismissal.
Conduct must be 'unwelcome'
Conduct will only be deemed sexual harassment if it is 'unwelcome'. Consensual conduct will not be 'unwelcome'. Unwelcome conduct is conduct that was not solicited or invited by the person, and the person regarded the conduct as undesirable or offensive. It is a subjective test and relies on how the action was perceived and experienced by the recipient rather than the intention behind it.
Intention is irrelevant
Employees do not need to intend to offend, humiliate or intimidate, or even to know that this was the effect of their own behaviour for this conduct to be sexual harassment. For example, a practical joke that 'everyone else thinks you are funny' can amount to sexual harassment as long as somebody else finds it offensive and regardless of the intentions of the person saying this.
Employees
All employees have a responsibility to address observed incidents of sexual harassment or if they hear that it has occurred. This can occur in the workplace or during any work-related activity. They must co-operate with any reasonable policy or procedure which relates to the prevention of sexual harassment in the workplace or during a work-related activity.
Appropriate ways to address and respond to an incident may be:
Report – say something about the behaviour to your manager or escalate directly to your HR manager.
Respond – if you feel safe and comfortable to do so address the behaviour in the moment in a professional and calm manner. This can also be an opportunity to educate the person on the correct behaviour if appropriate. This is not an expectation to intervene physically or restrain a person.
Support – check in on the person who the behaviour was directed at and make sure they are ok and educate them on options to report or respond.
Responding and addressing incidents of sexual harassment is an important step to the prevention and management of sexual harassment in the workplace.
Support and counselling
Employees are strongly encouraged to follow the Complaint Handling Procedure contained within this Policy. Furthermore, Agree to Agree Group encourages all employees to contact any of the following providers for mental health support:
Lifeline
24-hour crisis support and suicide prevention.
Ph: 13 11 14
Website: https://www.lifeline.org.au/
Beyondblue
Mental health support.
Ph: 1300 224 636
Website: https://www.beyondblue.org.au/
1800 RESPECT
Ph: 1800 737 732
Website: https://www.respect.gov.au/services/
MensLine Australia
Ph: 1300 789 978
Website: https://mensline.org.au/phone-and-online-counselling/
The Respect@Work website hosts a comprehensive set of resources for employers and workers. It includes best-practice guides, training programs, workplace-assessment tools, information, videos and advice.
Victimisation
Victimisation of individuals who make, or intend to make, a complaint of discrimination, bullying or harassment will not be tolerated by Agree to Agree Group.
Victimisation of individuals who provide evidence or information connected to a complaint of discrimination, bullying or harassment will not be tolerated by Agree to Agree Group.
Employees found engaging in any victimising conduct will be subject to disciplinary action.
Examples of victimisation of a person who makes or intends to make a complaint of discrimination or who gives evidence or information in connection with such a complaint include:
refusing to employ the person;
dismissing, or threatening to dismiss, the person from their employment;
prejudicing, or threatening to prejudice, the person in their employment;
intimidating, coercing, or imposing any penalty upon the person.
Breach of Policy
All individuals covered by this policy are expected to adhere to the standards of behaviour contained herein at all times. Any employee who is found to have breached this policy will be disciplined accordingly, which may lead up to, and include termination of employment. If a contractor of Agree to Agree Group is found to have breached this policy, their contract stands to be terminated, or may not be renewed in the future.
Complaint handling procedure
All individuals covered by this policy who believe that they have been subject to or observed discrimination, bullying or harassment should follow the procedure set out below.
Amicable Resolution
In the first instance, the aggrieved employee should, wherever practicable and if they feel comfortable doing so, attempt to amicably resolve the matter with the employee/s or manager/s or otherwise who are involved. When confronting the issue, the individual should clearly state the discrimination or offensive behaviour experienced, explain that the behaviour is unwelcome and offensive and ask that the behaviour does not continue. The person may not be aware that their behaviour or conduct was causing offense or was unwelcome.
This is not a compulsory part of the complaint procedure, and if an employee does not wish to confront the person directly, then this is not encouraged.
Where the alleged discrimination, bullying or harassment involves the employee’s direct manager and it is not practical for them to directly resolve the matter, they shall immediately notify their HR Manager or CEO, who, with the employee’s approval, will endeavour to investigate and resolve the matter on an informal basis in accordance with the procedure set out below.
Reporting
All those covered by this policy should report instances of discrimination, bullying and harassment to their manager or HR Manager if the report involves their manager. They will handle this complaint by using the procedure set out below.
Informal complaint procedure
An informal complaint procedure includes a range of alternatives which can be applied in a flexible manner to address different complaints in consideration of the relevant circumstances. The informal complaint procedure is intended to be used for less serious allegations of discrimination, bullying and harassment which generally do not warrant disciplinary action being taken. An individual who is unsure of whether to make a formal or informal complaint can always make an informal complaint first and decide if they want to escalate the complaint to a formal complaint after speaking with their manager. Different options for handling informal complaints may include, but are not limited to:
The manager having a conversation with the individual about the unacceptable behaviour.
The manager having a meeting with the individuals concerned in an attempt to reach a resolution.
Confidentiality
Whilst the manager will endeavour to preserve the confidentiality of the complainant and the person complained of, it may be necessary to speak with other workers or people involved to determine what happened and to maintain the integrity of the investigation process.
Where potentially unlawful conduct has occurred, the manager will need to alert the appropriate authorities.
Those people who are involved in the complaint (including the complainant, witnesses etc.) are also under a duty to maintain confidentiality and display a commitment to uphold the integrity of the investigation process. If the complainant chooses to bring a support person with them to any meetings, they too are bound by confidentiality. Gossiping and/or the spreading of rumours as a result of, or in connection with, a process followed under this policy will not be tolerated under any circumstances and may lead to further disciplinary action for those concerned.
Outcomes
The outcomes of a formal or informal complaint procedures will depend on the nature of the complaint, its severity and what is deemed appropriate in the relevant circumstances.
Where the results of an investigation procedure suggest that an individual is guilty of discrimination, bullying or harassment, appropriate disciplinary procedures will be followed in line with Agree to Agree Group’s Corrective & Disciplinary Action Policy. The disciplinary action will depend on the nature and severity of the behaviour and may include termination of employment, which may be instant dismissal where serious misconduct is deemed to have occurred.
Where the complaint involves a contractor or agent of Agree to Agree Group and an investigation process reveals that a person has engaged in unlawful conduct or other behaviour which is prohibited by this policy, those concerned may face termination of their contracts immediately, or will not be renewed in the future.
In addition to the remedies provided in the Agree to Agree Group’s Corrective & Disciplinary Action Policy, other action may be deemed necessary to resolve or remedy the behaviour complained of, including but not limited to:
providing training to employees concerned;
requiring employees who have breached this policy to apologise to appropriate person(s);
adjusting working arrangements where appropriate;
providing counselling to employees (complainant and the person complained of);
placing employees on performance improvement plans to ensure improved behaviour;
providing coaching and mentoring.
Appeals procedure (internal)
If any parties involved are unhappy with the outcome, or the way the complaint handling procedure was managed by Agree to Agree Group, they may refer the complaint to the HR Manager or CEO for review.
Once notified, the HR Manager or CEO will conduct a review of the procedure followed, the outcome issued and make a final determination on the issue. Once this determination is made, the person who has made the appeal will be notified of the outcome and this determination will be final.
External sources of information and appeal
The following bodies can provide additional information if required:
Fair Work Ombudsman 13 13 94
Australian Human Rights Commission 1800 620 241 (toll free)
Procedure
Formal complaint procedure
Written complaint lodged
Where an individual wishes to lodge a formal complaint, they will be required to do so by communicating this in writing to their manager or HR Manager if required.
A written complaint shall include the names of individuals concerned, details of the incident(s) and the names of any witness present. Confidentiality while handling complaints will be applied in accordance with this policy (see below).
Formal investigation commenced
Where a written complaint has been lodged, a formal investigation procedure will commence immediately. Formal investigations may be conducted by the HR Manager or CEO or an external person who is appointed by Agree to Agree Group e.g. an independent mediator.
Regardless of whether the investigation is carried out by a Agree to Agree Group staff member, or by an independent body/person, the investigator will aim to follow the procedure set out below:
Clarify details of what took place and ensure that all necessary information is obtained
Identify the outcome the complainant is seeking
Discuss with the complainant their legal rights, including lodging a formal complaint with the relevant state or federal tribunal
Discuss the complaint made with the person/s accused of bullying or harassment
Making a determination as to whether the alleged behaviour occurred and if it constituted bullying or harassment.
Agree to Agree Group will ensure a timely and appropriate resolution of the investigation is reached and communicated to all parties involved. If Agree to Agree Group feels it is appropriate in the
Where it becomes apparent that the complaint made related to conduct which constitutes misconduct or otherwise warrants disciplinary action, the person investigating the report is to refer to the Agree to Agree Group’s Corrective & Disciplinary Action Policy for further action and resolution.
Further Information on Bullying and Harassment
For further information on this policy please contact head of team and culture casey@agreetoagreegroup.com
Corrective and Disciplinary Action
This policy and procedure detail the process to be followed in the event that an employee requires corrective and/or disciplinary action for unsatisfactory workplace behaviour or conduct, including misconduct and serious misconduct.
Purpose
Staff misconduct can damage the effective and harmonious operation of an organisation. It is essential that the policy and procedure for dealing with instances of such behaviour is clear and understood by all staff, that it complies with principles of fairness and justice and with prevailing legislation, with a focus on restorative behaviour rather than punishment.
Scope
This policy applies to all employees of Agree to Agree Group.
Policy
It is everyone’s responsibility to report suspected serious misconduct for the sake of the organisation’s reputation and viability. As a result, it is the organisation’s intention that disciplinary matters will be dealt with swiftly, fairly and in line with relevant legislation.
The organisation also intends to encourage and support “whistleblowers” to ensure they will not suffer any reprisals as a result of raising genuine concerns.
The objective of the policy is to ensure we are reinforcing behaviours that are consistent with, and supportive of, the law, our values and desired culture. In this respect, the organisation recognises that:
an initial supportive response may be more effective than taking immediate formal corrective and disciplinary action,
counselling and coaching approaches are used to identify the reasons for conduct, and
all cases are treated with respect and sensitivity.
Where these responses and approaches are not successful, and formal corrective and disciplinary action is invoked, such actions are intended to be corrective rather than punitive – except where immediate termination of employment is justified.
The organisation also recognises that instances of serious misconduct cannot always be dealt with in a supportive or positive manner.
Definitions in accordance with applicable legislation
Misconduct
Misconduct includes the following:
misdemeanours, including inappropriate behaviour
failure to comply with organisational policies
serious incompetence
failure to properly discharge responsibilities
Serious misconduct
Serious misconduct is when an employee:
causes serious and imminent risk to the health and safety of another person or to the reputation or profits of their employer's business,
deliberately behaves in a way that is inconsistent with continuing their employment.
Serious misconduct includes the following:
dishonesty including theft
assault
fraud
releasing confidential information to competitors without authorisation
seriously inappropriate behaviour including drunkenness, fighting, sexual harassment
conduct that includes imminent and serious risk to a person’s health or safety
conduct that includes imminent and serious risk to the reputation, viability, or profitability of the organisation
serious neglect of duty
gross insubordination and abuse
serious and wilful disobedience
Performance and Conduct Concerns
Discipline via performance management
This is the responsibility of the direct manager or supervisor and occurs in instances where there may be issues in performance caused by a lack of either ability or willingness to do the job to the required standard. This covers both skills and attitudes.
Discipline for misconduct
This is the responsibility of the direct manager and involves a desire for the employer to drive a positive outcome after the investigation.
Discipline for serious misconduct
This is the responsibility of the manager, HR manager or CEO and involves a desire for a positive outcome but depends on the seriousness of the act determined by the investigation.
All serious misconduct, and especially suspected criminal activity at the workplace, must be reported immediately to the manager, HR manager or CEO who will determine further action, including referral to police and/or other authorities if warranted. Instances of appropriately investigated and proven serious misconduct may lead to immediate dismissal.
The manager, HR manager or CEO will ensure that the organisation’s response to alleged misconduct is fair and reasonable by:
conducting reasonable investigations into any allegations
determining exactly what the staff member is alleged to have done or failed to do
communicating with the staff member exactly what, when, how and where the complaint has arisen in terms of the alleged act
providing enough notice to the staff member to have the option of a support person present during any meetings
making the staff member aware of the consequences if the allegations are proven
providing the staff member with sufficient opportunity to respond to the allegations
maintaining confidentiality and privacy throughout the proceedings – taking account of the possible need to advise and involve others where appropriate.
Termination of employment
Termination of employment will be a remedy of last resort and implemented only after all other processes and remedies, as outlined in this document, have failed. The final decision on termination resides with the manager, HR manager or CEO.
There are situations and events where the right to dismiss an employee summarily can be exercised but only after consideration of all the facts and circumstances and after the staff member has had a reasonable opportunity to respond, if appropriate, to the allegations. Generally, summary dismissal will be invoked wherever it is unreasonable for the employment relationship to continue. Other possible grounds for summary dismissal will be considered on a case-by-case basis using specific criteria that can be substantiated by Fair Work Australia or its alternative body.
Disciplinary and Corrective Action Procedure
The organisation’s disciplinary/corrective action procedure involves four steps:
A verbal warning is issued describing the offending action/behaviour and its effects and consequences and specifying the corrective action and future behaviour required.
If the required behaviour change does not occur within a specified time, a written warning is issued.
If the required behaviour change still does not occur within a specified and agreed time, a written reprimand is issued.
If, after Steps 1-3, the required corrective action/behaviour change still does not occur within a specified period, a notice of dismissal will be issued.
Where serious misconduct is involved, one or more of the above steps may be omitted. This will be determined by the manager, HR manager or CEO.
Misconduct
After observing or being notified of misconduct by a staff member(s) the relevant manager, HR manager or CEO will, as soon as possible:
gather relevant facts from the record and from other participants or witnesses;
interview the staff member(s) most directly concerned/involved with the alleged offence, primarily so that the employee may explain their action;
review any relevant policies and procedures, taking account of the staff member’s past record;
critically assess all the available information and determine an appropriate course of action and;
document the decision and advise the staff member(s) concerned immediately.
The advice to the staff member(s), whether in oral or written form will:
be a concise acknowledgement of a disciplinary interview which has taken place;
state the facts of the offence and the discipline imposed;
refer to previous disciplinary actions (if any) and, where relevant;
include a warning that a recurrence may result in more severe disciplinary measures.
Where the staff member fails to change their behaviour in response to the manager’s advice, the Disciplinary and Corrective Action process will be invoked until the behaviour conforms with expectations, or the situation requires termination of the staff member’s employment.
Termination of employment
Termination of employment will be a remedy of last resort and implemented only after all other processes and remedies have failed. The final decision on termination resides with the HR manager or CEO.
Further Information on Corrective and Disciplinary Action
For further information on this policy please contact head of team and culture casey@agreetoagreegroup.com.
Code of Conduct
Agree to Agree Group expects that its employees will always display the highest standards of professional and personal conduct in serving the needs of customers and interacting with other employees.
Purpose
The purpose of this policy is to provide a framework for employees to support day to day ethical decision making.
Scope
This policy applies and provides guidance to all staff members of Agree to Agree Group.
Definitions
Term
Definition
Conduct
Conduct refers to the way a person behaves, especially in a particular place or situation, such as the workplace.
Conflict of Interest
A conflict of interest occurs in the workplace when an employee undertakes an activity that benefits them but does not benefit the organisation.
Discrimination
Discrimination occurs when a person is treated less favourably or harassed in certain areas of public life including their employment because of a personal characteristic or prescribed attribute that is protected under law.
Direct discrimination occurs when a person is denied a benefit or an opportunity on the grounds of any of the prescribed attributes.
Indirect discrimination occurs when a policy, rule or practice has a discriminatory effect against a person or group of people in relation to any of the prescribed attributes.
An ‘attribute’ includes another person’s:
race;
colour;
sex;
sexual orientation;
social origin;
religion;
family or carer’s responsibilities;
age;
physical or mental disability;
marital status;
political opinion;
pregnancy;
national extraction;
personal association with a person or people identified by reference to any of these attributes.
Workplace Bullying
Bullying is repeated, unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety and is unlawful. Bullying can occur by direct or indirect means.
Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of behaviours over time.
Unreasonable behaviour means behaviour that a reasonable person, having regard for the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating intimidating or threatening.
Direct bullying occurs between the specific people involved.
Indirect bullying involves third parties participating in bullying behaviours, for example passing on insults or spreading rumours. Indirect bullying mostly inflicts harm by damaging another's social reputation, peer relationships and self-esteem.
Harassment
Harassment occurs where a person engages in uninvited or unwelcome behaviour which a reasonable person would expect would cause another person to be offended, humiliated, or intimidated. It does not matter if the person who committed the act intended, or did not intend, to upset or cause offence to the other person.
Sexual Harassment
Sexual harassment is defined in the Sex Discrimination Act 1984 (Cth) (SD Act) as: 'any unwelcome conduct of a sexual nature that a reasonable person, having regard to all the circumstances would have anticipated would offend, humiliate or intimidate the other person.' Similar definitions are found in State and Territory anti-discrimination and equal opportunity legislation.
Policy
The Code of Conduct is aligned with our company values. This policy describes standards of professional conduct that promotes adherence to our values.
Statement of Core Values
Values
DESIRE - To make a change for the better.
APPRECIATION - For what has come before you.
SELF REFLECTION - Seeking a better version of yourself.
BALANCE - Always seeking the centre point.
JOY - Finding a deep sense of fun, warmth and contentment.
Mission
To be build a working example of balance in business
Obligations
All employees have an obligation and duty of care to:
Comply with prevailing community standards of equity, justice, fairness, and compassion in dealing with others within and beyond the company
Read, understand, and comply with all company policies and procedures
Perform duties in a responsible and professional manner, with due regard for company policies and other legal requirements and obligations
Practice responsible stewardship of company resources
Promote and protect the company’s reputation in the wider community
Act appropriately when a conflict arises between our self-interest and our duty to the company.
Behaviour
Personal Conduct
All employees are expected to:
Treat everyone with courtesy, respect, kindness, consideration, and sensitivity to their rights
Refrain from all forms of harassment and discrimination based on gender, race, religious belief, political affiliation, pregnancy, disability, sexual orientation, or illness
Always act honestly, in good faith, and respectful of the trust placed in us
Respect everyone's rights to privacy and keep personal information in confidence
Consider the impact of our decisions and behaviour on the well-being of others
Refrain from acting in any way that would unfairly harm the reputation and career prospects of other employees
Refrain from allowing personal relationships to affect professional relationships
Seek advice from an appropriate manager where a colleague’s behaviour is perceived to be in breach of this Code of Conduct, and report any suspected corrupt, criminal, or unethical conduct to your manager/head of HR.
Agree to Agree Group will not tolerate discrimination, harassment or any behaviour or language that is abusive, offensive, or unwelcome.
Professional Conduct
All employees are expected to:
Perform our duties diligently, impartially, conscientiously, with integrity, and to the best of our ability
Take our responsibility for the health and safety of ourselves and others when carrying out our duties
Dress appropriately for the workplace and work tasks, as outlined in the Employee Handbook
Arrive to work on time according to our employment agreement/contract and respect the time of others within and outside the company
Keep up to date with any advances and changes relevant to your employment
Strive to always achieve the highest product, service, and professional standards
Comply with any relevant legislative, industrial, or administrative requirements including observance and application of anti-discrimination policy
Comply with the principles of environmental responsibility
Foster teamwork and collegiality among all employees, and always give due credit to the contributions of others
Maintain adequate documentation to support any decisions made
Take no improper advantage of any official information gained in the course of our employment
Refrain from allowing personal political views and/or affiliations or other personal interests to influence the performance of duties or exercise of responsibilities.
Adhere to the staff Discounts, Complimentary Sale & Staff Meal Guidelines as listed in the guidelines in this document (below):
Discounts, Complimentary Sale & Staff Meals
This policy applies to staff across all Agree to Agree Group venues. As a part of the Agree to Agree Group community, you are offered generous discounts for yourself and a limited number of friends and family, the guidelines for staff discounts, complimentary sales and staff meals are as follows.
Discounts:
All employees are offered a 25% discount across Agree to Agree Group venues, this discount extends to employees only and not to their friends and family. Coffee and tea is free across all venues for Agree to Agree Group employees where tea and coffee is served.
All staff are offered a 50% discount at the venue of their employment.
Family and friends are offered 10% discount at the employees place of employment, this discount extends to up to groups of four people at one time.
If you would like to offer your friends or family a discount while on shift, please see your manager on shift for approval.
Complimentary Sale:
Complimentary sales are only available when processed by the manager and are given at the manager’s discretion. Complimentary sales may occur for certain delivery persons, regular customers as a “loyalty program” or if there has been an error with someone’s order such as excessive wait time or incorrect and missing items.
Staff Meal & Knock Offs:
Any employee that works more than five hours is entitled to a complimentary staff meal that will be provided during their lunch break, after they finish their shift or during a “family meal” which will occur before your shift. The nature of your staff meal will vary slightly between venues.
All staff members regardless of shift duration are offered a complimentary knock-off beverage. For your knock off, you may choose from beer, wine by the glass, basic spirits or alcohol-free options. Cocktails and takeaways are not offered as knock-offs, unless at your manager’s discretion.
Out of hours conduct
All employees are expected to engage in appropriate conduct outside business hours. Employee conduct outside of hours may warrant investigation and discipline if it:
is likely to cause serious damage to the relationship between Agree to Agree Group and the employee
damages <insert name of organisation> ‘s interests; or
is incompatible with the employee’s duty as an employee.
Stewardship of Company Resources
All employees are expected to:
Use company technical and physical resources properly, responsibly and for legitimate purposes only
Seek permission before using company property for personal purposes
Use resources in a manner that causes no harm to the community or environment
Strive to always obtain value for company money spent and avoid waste and extravagance in the use of company resources
Secure all company property against theft or fraud
Maintain the integrity and security of all company intellectual property
Maintain the security, integrity and confidentiality of all relevant company commercial and other information.
Protection and Promotion of the Company’s Reputation
All employees are expected to:
Promote the company wherever possible in our professional dealings with others
Refrain from representing ourselves as spokespersons, or acting for or on behalf of the company, unless authorised to do so (and when in doubt seek advice from your supervisor)
Refrain from engaging in any activity that may compromise the company’s integrity and reputation.
Dealing with Conflicts of Interest
All employees are expected to:
Ensure that our financial and other interests and actions do not conflict or seem to conflict with the obligations and requirements of our company position – or advance our own interests over those of the company
Avoid any financial or other interest or undertaking that could, directly or indirectly, compromise the performance of our duties
Take all suitable measures to avoid or deal appropriately with any situation in which we may have, or been seen to have, a conflict arising out of our relationship with others within or beyond the company
Notify your manager or supervisor, as appropriate, of the existence of an actual or potential conflict of interest
Declare our relationship when participating in decisions affecting another person with whom we have a personal relationship.
Compliance and Breaches
All company employees must comply with this Code of Conduct and report any breaches to their
manager or supervisor, as appropriate.
Agree to Agree Group will investigate all reported instances of questionable or unethical behaviour. In every instance where improper behaviour is found to have occurred, the company will take appropriate action. We will not tolerate retaliation against employees who raise genuine ethics concerns in good faith.
Employees whose conduct falls below the standards outlined in the Code of Conduct will be counselled accordingly and/or disciplined in accordance with company disciplinary procedures.
Confidentiality
Whilst Agree to Agree Group will endeavour to preserve the confidentiality of those involved in alleged breaches of the Code of Conduct, it may be necessary to speak with other workers or people involved to determine what happened and to maintain the integrity of the investigation process.
Where potentially unlawful conduct has occurred, Agree to Agree Group will need to alert the appropriate authorities.
Those people who are involved in the investigation (including the complainant, witnesses etc.) are also under a duty to maintain confidentiality and display a commitment to uphold the integrity of the investigation process. If the complainant chooses to bring a support person with them to any meetings, they too are bound by confidentiality. Gossiping and/or the spreading of rumours because of, or in connection with, a process followed under this policy will not be tolerated under any circumstances and may lead to further disciplinary action for those concerned.
Procedure
The following sets out the process by which breaches of the Code of Conduct should be managed:
Identify and assess the unacceptable behaviour
Note the behaviour that does not meet expectations/standards
Note specific examples and times/days when it occurs
Collect relevant documents or evidence.
Lodge written report
Communicate details of the breach in a written report that is then lodged with the CEO, Nathen Doyle.
The written report will include the names of individuals concerned, details of the behaviour(s) and the names of any witness’s present.
Confidentiality while handling complaints will be applied in accordance with the Code of Conduct policy.
Commence formal investigation
Formal investigations may be conducted by the HR Manager, CEO or an external person.
The investigator will aim to follow the procedure set out below:
Clarify details of what took place and ensure that all necessary information is obtained
Discuss the report made with the person/s accused of breaching the Code of Conduct
Make a determination as to whether the alleged behaviour occurred and if it constitutes a breach to the Code of Conduct.
Agree to Agree Group will ensure a timely and appropriate resolution of the investigation is reached and communicated to all parties involved.
If Agree to Agree Group feels it is appropriate in the interests of health and safety of employees concerned, and/or the efficiency of the investigation process, employees may be requested to refrain from attending work for a period of time whilst the investigation is underway. Alternatively, employees may be given different duties or work to perform while the investigation is being conducted. Employees who are requested to do either of these will be paid at their normal rate of pay during this period.
Where it becomes apparent that the complaint made related to conduct which constitutes misconduct or otherwise warrants disciplinary action, the person investigating the breach of code of conduct is to refer to the CEO, Nathen Doyle for further action and resolution.
Further Information on Code of Conduct
For further information on the Code of Conduct or relevant policies and procedures please contact head of team and culture casey@agreetoagreegroup.com.
Alcohol and other drugs
Agree to Agree Group acknowledges that alcohol and drugs can result in undesirable behaviours, including:
Negatively impacting performance and productivity
Compromising health and safety in the workplace
Causing injuries
Increasing absenteeism
Decreased morale
This policy details the responsibilities of staff and management regarding the use/consumption of alcohol and other drugs in connection with employment.
Purpose
The purpose of this policy is to define the responsibilities of staff regarding consumption of alcohol and/or other drugs in connection with the performance of work duties.
It aims to ensure all employees, contractors, customers and visitors can undertake their duties in a safe and responsible manner and reduce the risks of performance and behaviour impairment due to the consumption of alcohol and/or drugs.
Scope
This policy applies to all employees of Agree to Agree Group and visitors to the workplace.
Policy
Agree to Agree Group is committed to protecting the health and safety of employees, customers and other visitors.
Employees must not attend work under the influence of an illicit or illegal substance since a person’s ability to work safely and productively may be impaired by the consumption of alcohol or the use of drugs. Agree to Agree Group intends to prevent any harm caused by the use or abuse of alcohol or other drugs in the workplace and foster safe and positive workplace behaviour.
Compliance with this policy is a condition of employment for all company employees, temporary and casual staff. It is also a requirement for contractors while engaged in work for Agree to Agree Group.
Application
The consumption of alcohol or illicit drugs is prohibited in our workplace, with the exception of prescription drugs for medical needs, consuming alcohol in moderation at work-related social events and during bar and wine training facilitated by the business.
Medical reasons for consuming prescription drugs that may impact your performance of duties must be communicated to the Supervisor/Manager.
The consumption of alcohol at work-related events should comply with the guidelines outlined in this policy.
Impairment related to alcohol and drug use
Under this policy, impairment is the inability to perform one’s job in the manner prescribed for that function or in accordance with established practice. Impairment includes, but shall not be limited to, the inability to:
use or operate equipment properly
communicate clearly or coherently
exercise reasonable judgement in making decisions
interact with others and act in an appropriate manner.
Any employee who is in a condition that impairs their ability to perform their job, endanger their own or others’ safety, risk damage to equipment/assets or otherwise expose the company to potential liability, will not be allowed to continue working or remain in the workplace until such time as they are fit and, in a state, to return to work.
Possession, purchase, manufacture, sale or distribution of illicit drugs and/or related equipment
The possession of illicit drugs or equipment related to the use, manufacture, or purchase/sale of illicit drugs at the workplace, a work sponsored or related function, while on company premises, or while in command of a company vehicle or vehicle rented by the company will be grounds for immediate dismissal.
Organisational Obligations
The company has a duty of care to ensure that all company employees and visitors can work in a safe and secure environment.
Agree to Agree Group has a duty of care to manage and support employee wellbeing to help prevent the misuse of alcohol and other drugs. The company will provide all employees with appropriate training in company expectations, policy and procedure relating to the consumption of alcohol and drugs in the workplace.
Management of Workplace Alcohol and Drug Consumption
Managers are responsible for ensuring employees and visitors under their supervision are complying with this policy. The following sets out the process by which managers should deal with cases of impairment in the workplace which have jeopardised, or have the potential to jeopardise, workplace safety or security or reasonable standards of business conduct. In applying this process, managers must understand the entire context in which the impairment has occurred in consultation with the <insert relevant name, e.g., HR Representative/HR Department.>
Notification to the appropriate authority will be made when the company becomes aware of any illegal conduct.
Employees
A judgement of impairment is at the discretion of the employee’s manager or their delegate.
Immediate dismissal
If the employee’s impairment constitutes gross misconduct, immediate dismissal may be warranted.
Assistance
At the earliest practicable occasion after the employee returns to work, managers must discuss the impact of the impairment with the employee concerned and offer assistance to ensure it doesn’t occur again. Such assistance may include arranging professional counselling.
Employees who require time off to manage alcohol and drug related issues are to be given access to personal leave. Note: Please ensure this is in accordance with the company leave policy.
Use of prescription or over-the-counter drugs
Employees taking prescription drugs which may result in impairment, as described above, should advise their manager so that suitable arrangements can be made to ensure that they are able to work in a safe and productive manner. Managers who have received such advice must make every effort to provide a safe work environment for both the employee concerned and fellow employees.
Substance dependency
Employees with an existing substance dependency, which may result in impairment as described above, should advise their manager so that suitable arrangements can be made to ensure that they are able to work in a safe and productive manner. Managers who have received such advice must make every effort to provide a safe work environment for both the employee concerned and fellow employees.
The act of purchasing, manufacturing or selling drugs
The act of purchasing, manufacturing or selling illicit drugs at the workplace, a work-sponsored or related-function, while on company premises, or while in command of a company vehicle or vehicle rented by the company will be grounds for immediate dismissal.
Visitors and Patrons
In the case of a judgement of impairment, the company will take the following action:
the visitor or patron will be required to leave the venue for the remainder of the day; and
refer to RSA regulations and policies where patrons are concerned.
Standards of Conduct at Company Functions and Staff Events
The company discourages the use of alcohol or illicit or performance affecting drugs directly before or during the workday.
It is, however, recognised that from time-to-time employees will be invited to attend company-sponsored events and staff parties at which alcohol will be served. The company does not expect or require its employees to drink alcohol at such functions and will ensure that a suitable range of non-alcoholic beverages is provided at company sponsored functions.
All company employees are expected to exercise restraint with the consumption of alcohol at work-related events.
Records and Confidentiality
Reports relating to instances of impairment will remain active for three years and be kept for seven years.
All information generated as a result of this policy will be safeguarded according to normal requirements for confidential human resource and medical information. The information will only be provided to those people within the company who have a legitimate need to know to ensure safety, health or performance.
No information relating to this policy or identifying a particular individual will be released to any third party except with the individual’s written consent or to obtain professional or legal advice if required by law.
Procedure
The following sets out the process by which managers should deal with cases of impairment in the workplace which have jeopardised, or have the potential to jeopardise, workplace safety or security or reasonable standards of business conduct.
In the case of a judgement of impairment, managers will take the following action:
First Instance of Impairment
Manager will discuss the impact of the impairment with the employee.
Manager will discuss the availability of professional counselling in relation to the impact of alcohol/drugs in the workplace.
Employee will be required to leave the workplace for the remainder of their shift.
A taxi fare home will be provided. The employee must not drive home.
Manager of the employee must, on the same day, create an incident report detailing the information and observations which led to the request to leave the workplace.
One copy of the report shall be provided to the employee and another copy must be kept by the manager and added to the employee’s personnel file.
Second Instance of Impairment
Follow steps 1 – 6 as above.
Manager will provide the employee with a written warning that a third occurrence may result in dismissal.
Third Instance of Impairment
Manager will provide the employee with a written reprimand and advise that the third instance of impairment may result in dismissal.
Manager will discuss the process to be followed with the employee, and on the same day, make a report recording the discussion.
One copy of the report shall be provided to the employee and another copy must be kept by the manager and added to the employee’s personal file.
Manager and CEO will determine whether dismissal is warranted.
Further Information on Management of Alcohol and Drugs
For further information on this policy please contact head of team and culture casey@agreetoagreegroup.com.