Policy Overview This policy outlines Red Line Productions Limited (“the Company’s”) commitment to and responsibilities as a Person Conducting a Business or Undertaking (PCBU) under the Work Health and Safety Act 2011 (WH&S Act), the Work Health and Safety Legislation 2011 and industry codes of practice.
The Company recognises that the implementation of this policy may differ according to ethnicity, gender, religious preference or disability, and may be influenced by the specific location of an event and in some instances the policies of the governing statutory body.
This policy applies to all employees, workers, contracted individuals, directors and officers of the Company.
Our Practices The Company undertakes to comply with all NSW legislation, regulations and industry codes of practice covering the health, safety and wellbeing of our workers and contractors. This legislation will be viewed as the minimum standard and, where legislation does not adequately cover a health and safety risk to the Company, a reasonable and practicable standard will be adopted.
The Company will abide by venue work health and safety policies and will ensure that any policy that infringes on safety will be addressed prior to work commencing.
Work Health and Safety Reporting If any employees, workers or contracted individuals or companies identify any work health and safety issues or have concerns, they are encouraged to report these to the Executive Director, Vanessa Wright (“Management”).
In the event of a Work Health and Safety incident, an incident report form should be completed by the person attending the incident and communicated to Management at the earliest opportunity.
Manager Responsibilities All managers, supervisors and designated co-ordinators (‘officers’) of the Company are responsible for ensuring that:
Adequate fire prevention facilities are maintained and emergency evacuation procedures are established
All plant and equipment is adequately maintained and complies with the relevant safety legislation and standards;
Workers required to operate any plant and equipment are appropriately trained in safe work practices;
All materials used are safe and/or used by those trained and with appropriate safe work practices;
All workers are adequately instructed, informed, trained and supervised to be able to perform their duties safely;
Hazards in the working environment are either eliminated or controlled as far as reasonably possible;
All workers are adequately informed of hazards and safety practices and understand the safety procedures relevant to their working site;
All injuries and plant, vehicle, property or equipment losses are reported and investigated promptly by the manager in charge;
Following a WH&S incident, the incident site is not be disturbed further until it is confirmed that the incident does not require notification to a regulatory authority, or until a WorkCover inspector arrives or as otherwise directed by an inspector;
Adequate First Aid is available in the form of a trained First Aider by the First Aid Regulations;
Prompt and appropriate rehabilitation programs are provided for injured or ill workers to the extent as required by legislation;
Documentation of reported incidents is retained for five years;
Contractors and other personnel are advised of the Company’s health and safety standards relevant to the work they are undertaking. This should be done by providing the Company’s WH&S Policy to each contractor, and ensuring a representative from each contractor signs that they have read it; and
Contracted companies are assessed at the pre-hire stage for their competencies in health and safety and provide a copy of adequate public liability insurance policy.
Worker Responsibilities All employees and service contractors (‘workers’) of the Company are responsible for ensuring that:
They work in a safe manner, use the aids provided including wearing safety equipment and protective clothing, and follow procedures which have been introduced for their protection;
They take responsibility for their own safety and avoid exposing any other persons to unsafe situations or risks;
They are not, by the consumption of alcohol or any other drug, in such a state as to endanger their own safety at work or the safety of any other person in the workplace environment. Workers are required to co-operate with any investigating authorities in these matters. For further details refer to the Drug and Alcohol Policy detailed further below;
They inform the supervisor and manager prior to commencement of work of any pre-existing injury or medical condition that may prevent or impair their ability to fulfil any of their work duties;
They participate in any training or induction necessary to enable them to work safely. This includes reading the Work Health and Safety policy and any specific venue safety procedures;
They report any unsafe work conditions or work practices and accidents to their supervisors and that they fill out an incident report form;
They cooperate with management in the implementation of work health and safety programs; and
They are aware that, as an Equal Opportunity PCBU, the Company will endeavour to ensure equality of access to the procedures as laid out in the WH&S Policy, so that no worker will be avoidably disadvantaged by their special needs.
Drugs and Alcohol Policy The Company requires that all workers, during work time or whilst performing work related duties do not:
Use or abuse alcohol in the workplace that adversely affects workers' safety, work performance or conduct.
Possess, sell, use or be under the influence of illegal drugs; or
Consume or be under the influence of a drug which based on advice from a health care professional may impair a worker’s ability to work safely or to perform their duties effectively and professionally.
Adherence to this policy is a condition of employment at or engagement by Red Line Productions Limited. Any breach of this policy will be addressed and may result in disciplinary action. If you are dependent on alcohol or other drugs, The Company can offer assistance through support services.
Consultants, Contractors and Sub-Contractors All consultants, contractors and sub-contractors engaged to perform work for The Company are required to comply with the policy and to observe directions from management as outlined for workers below. Failure to comply or observe a direction will be considered a breach of contract and sufficient grounds for termination of the contract.
Cast, Crew and Creative Workers Cast, crew or creatives must not be under the influence of alcohol or a drug, which based on advice from a health care professional may impair a worker's ability to work safely or to perform their duties effectively and professionally. The Company has a zero-tolerance policy on the consumption of alcohol during rehearsal, performance and production week call times.
The consumption of alcohol is not permitted by cast, crew or creatives from the commencement of a call until it ends for the day during rehearsal, performance or production weeks. This also applies between a matinee and evening performance. Cast, crew or creatives must not be under the influence of alcohol or a drug which based on advice from a health care professional may impair a worker's ability to work safely or to perform their duties effectively and professionally.
When the show has finished and/or the rehearsal or performance call has ended, the consumption of alcohol is permitted provided they do so in a socially responsible manner, do not endanger either their own safety or that of any other person or behave in such a manner as to harm the reputation of the Company.
Operating machinery, working at heights and driving vehicles The Company has a zero-tolerance policy on the consumption of alcohol, illegal drugs or prescription drugs that may impair one’s ability to work safely, by any worker who may be required to operate machinery, work at heights or drive a vehicle for work related purposes.
The Old Fitz Pub The Company encourages workers to use this space to interact with each other during and after working hours. Workers who patronise The Old Fitz are required to ensure any consumption of alcohol does do not endanger either their own safety or that of any other person or behave in such a manner as to harm the reputation of the Company
The Old Fitz is a public space, and as such it is expected that all workers represent The Company appropriately and act in a sensible and socially responsible manner.
Functions The Company recognises that workers may participate in a variety of social activities and events during the course of their employment or contracted service, which may include the service and consumption of alcohol. A work-related function includes formal and informal events attended by workers that are arranged or authorised by management.
Workers attending functions on behalf of or representing the company need to take reasonable steps to ensure that their consumption of alcohol is within reasonable limits, and does not adversely affect their safety, work performance or conduct. If you believe your sense of judgment, concentration or co-ordination is impaired by alcohol or other drugs, you must not attend work or continue to work, and must notify your Manager of your inability to work. Breaches of the Drug and Alcohol Policy Where a worker appears to be adversely affected by alcohol or under the influence of drugs, it should be reported immediately to their Manager who will discuss this with the worker and make an assessment of the worker’s ability to perform their duties. If it is deemed that the worker is not capable of fulfilling their duties in a safe and responsible manner then the worker will be sent home (at the Company’s expense).
At the earliest opportunity after this the worker will be subject to the disciplinary procedures as outlined in the Disciplinary Procedures Policy, up to and including termination of employment or service contract (for non-employees).
When dealing with any disciplinary issue concerned with alcohol and other drugs, consideration will be given to the need for sensitivity and regard for the dignity and long term needs of the employee. Appropriate steps are likely to include discussion, referral to counseling or initial disciplinary action. When these steps fail or are rejected, the matter will be dealt with via the Company's normal procedures for managing disciplinary, performance and grievance issues.
Policy Statement This policy sets out Red Line Production Limited’s (“The Company’s”) policy and procedures for resolving grievances.
A grievance is any type of problem, concern or complaint related to an employee’s work or the work environment. A personal grievance can be about any act, behaviour, omission, situation or decision impacting on an employee that the employee thinks is unfair or unjustified.
A grievance can relate to almost any aspect of employment, for example:
Safety in the workplace
Staff development or training
Rosters or hours of work
Wage or salary levels
The Company recognises that an employee may not perform to the best of their ability if they feel they are being treated unfairly or are feeling aggrieved. As such, the Company will use its reasonable endeavours to:
encourage staff to come forward with personal grievances;
deal with personal grievances in a supportive way, without victimisation or intimidation of any person connected with the grievance;
encourage fairness, impartiality and the resolution of personal grievances as reasonably promptly and as close as possible to the source of the grievance; and
have managers and supervisors seek to prevent and resolve personal grievances.
This policy is applicable to all employees, workers, contractors, Directors and Officers of the Company.
Bullying Bullying is repeated, unreasonable, behaviour directed towards an individual or group that makes the recipient feel upset, threatened, humiliated and vulnerable or undermines their self-confidence. Bullying can include verbal or physical actions, exclusion or extortion.
Examples of bullying may include, but are not limited to:
physical contact, violence or threats of violence;
subjecting a colleague to humiliation, sneering or ridicule or criticising their efforts in front of others;
setting an employee impossible objectives or changing work requirements without notifying them, then criticising or reprimanding them for not meeting the demands;
ostracising or marginalising an individual or only dealing with an individual through a third party;
spreading malicious rumours about an individual
offensive comment or gestures.
Bullying may take subtle forms that gradually wear the person down over time and can be communicated in a variety of ways, such as verbally, in writing, online or over SMS, etc.
It is not bullying for a manager or supervisor to counsel a workplace participant about their performance. Performance counselling is a necessary part of ensuring that employees meet the Company’s standards of work and behaviour. Also, other reasonable managerial actions such as disciplinary action, work directions and orders, workplace downsizing or organisational change in compliance with business needs and systems do not constitute bullying.
Harassment Harassment is any form of unwelcome, unsolicited and unreciprocated behaviour that puts someone down, offends them or humiliates them.
Harassment does not always have to be intended. The deed itself and how it impacts the recipient determines what constitutes harassments, not the intention of the offender.
Examples of harassment may include, but are not limited to:
verbal abuse, insults, taunts or comments that put down or stereotype people;
jokes based on gender, race, sexuality, religion, etc;
isolation or segregation of a person due to their gender, sexual preference, race, etc;
persistent, unwelcome advances, proposals, leering, etc.
Sexual Harassment Sexual harassment is unwelcome conduct of a sexual nature, which makes a person feel offended, humiliated or intimidated. Conduct can amount to sexual harassment even if the person did not intend to offend, humiliate or intimidate the other person. However, conduct may not necessarily be considered sexual harassment if a reasonable person, having regard to all the circumstances, would not have anticipated that the conduct would offend, humiliate or intimidate the other person.
Sexual harassment does not have to be directed at a particular individual to be unlawful. Behaviour which creates a hostile working environment for other employees can also be unlawful.
Examples of sexual harassment include, but are not limited to:
Physical contact such as pinching, touching, grabbing, kissing or hugging;
Staring or leering at a person or at parts of their body;
Sexual jokes or comments;
Sexually explicit conversations;
Displays of offensive material such as posters, screen savers, Internet material etc;
Accessing or downloading sexually explicit material from the Internet;
Suggestive comments about a person’s body or appearance;
Sending rude or offensive emails, attachments or text messages.
Racial Harassment Racial harassment is racist behaviour that is directed to a group or individual from a different ethnic background, which results in the individual feeling threatened or compromised.
Examples of racial harassment include, but are not limited to:
Employee Rights and Responsibilities Employees, Directors and contracted individuals or companies must not engage in conduct that may be deemed to constitute bullying, harassment of victimisation, and should be aware that they can be held legally liable for unlawful conduct.
All personnel must:
ensure they do not engage in any unlawful conduct towards other employees, customers/clients or others with whom they come into contact through work;
ensure they do not aid, abet or encourage other persons to engage in unlawful conduct;
follow the complaint procedure outlined below if they experience any unlawful conduct;
report any unlawful conduct they see occurring to others in the workplace in accordance with the complaint procedure in this policy; and
maintain confidentiality if they are involved in a complaint procedure.
Personnel who aid, abet or encourage other persons to engage in unlawful conduct can also be held legally liable.
Dealing with Grievances
Employees have three methods available for dealing with grievances:
Self-help - if the complainant feels able to deal with the issue they should approach the alleged aggriever, either alone or with an informed manager, identify the behaviour that concerns them, and clearly ask for the behaviour to stop.
Management intervention – the complainant may wish to ask another person, such as their Manager or the Company’s human resources representative, to intervene and assist them in resolving the issue, without a formal complaint being made.
Formal complaint procedure – a written or formal complaint may be made to the Company’s designated human resources representative via the Harrassment, Bullying or Discrimination Incident Report form and an investigation will be performed by the Company to resolve the matter and take action under the disciplinary procedures outlined in the Disciplinary Procedures Policy, as necessary.
Confidentiality Confidentiality is essential as it assists in creating and fostering an environment that supports open communication between the relevant parties, without the threat of interference or judgement from outsiders.
Only Company personnel directly involved with the complaint will have access to information regarding all aspects of the grievance procedure. Material will only be added to an employee’s file if the employee is disciplined as a result of the grievance procedure. Access to employee files is restricted to the Executive Director, Artistic Director and HR personnel.
The Company has a duty of care to investigate any complaints where there is a reasonable (risk) of repeated inappropriate behaviour towards the complainant or towards any other employee which would impact on their wellbeing or safety. Where an employee would like their complaint to remain confidential, the Company will endeavour to comply with this request and, where possible, conduct an investigation taking passive and non-identifiable steps to manage the inappropriate behaviour.
Avoidance of Victimisation Victimisation may occur when the employee lodging a complaint is subject to unfavourable treatment as the result of lodging the complaint. All necessary steps must be taken to ensure that all parties involved in a grievance procedure are not victimised or made to feel victimised.
Any form of victimisation cited throughout the grievance procedure will not be tolerated. Incidents of victimisation will be treated as seriously as the original behaviour, which gave rise to the grievance.
Impartiality All parties involved in the grievance procedure will have the opportunity to respond to any allegations that emanate from the grievance procedure.
All parties involved reserve the right to seek support from a personal adviser throughout any stage of the grievance procedure.
All parties involved in the grievance procedure are aware that there will be no assumptions made or actions taken until all information relevant to the complaint has been gathered and considered.
Breaches of this Policy Employees and other personnel found to be in violation of the provisions of this policy may be subject to disciplinary procedures as outlined in the Disciplinary Procedures policy, up to and including termination of employment or service contract (for non-employees).
If someone makes a false complaint in bad faith (e.g. making up a complaint to get someone else in trouble or making a complaint where there is no foundation for the complaint), that person may be subject to disciplinary procedures.
Policy statement This policy sets out Red Line Productions’ (The “Company’s”) process for disciplinary procedures, and aims to:
promote a healthy workplace and culture;
ensure that all employees are treated fairly, equally and consistently, without prejudice or bias;
provide employees with an opportunity to correct unacceptable behaviour;
ensure that each situation is reviewed and addressed on an individual basis and according to the particular circumstances.
This policy applies to all employees, deemed employees and contracted individuals and may be used to deal with necessary discipline arising from conduct in any circumstances connected with the Company, including conduct out-of-work, at company-related functions and at any other workplaces visited in connection with the Company.
Disciplinary Procedures Overview Disciplinary measures may be taken when people behave in a way that detracts from our ability to deliver a quality service to our customers and patrons, or is perceived to adversely affect our company, objectives or reputation.
Disciplinary action may be taken in response to any:
unacceptable conduct; or
wilful or serious misconduct.
The next section outlines the Company’s disciplinary process; however this is intended as a guide only as procedures may vary depending on the circumstances of each case.
The Company may issue a final warning or dismiss an employee or contracted individual at any stage of the disciplinary process - for example, in circumstances involving wilful or serious misconduct by an employee – and may notify the police if the conduct involves a potential breach of any Australian law.
Disciplinary Process The three main stages of the Company’s disciplinary process are:
Formal counselling (first, second and final warning)
Termination of employment
Informal counselling The Executive Director may undertake informal counselling with an employee or contracted individual if they notice an undesirable or unacceptable behaviour, to outline the expected standards of behaviour and to inform the employee of the potential consequences if they do not adhere to the expected standards of behaviour.
Notice is not required to be given to the employee and a witness is not required; however an informal document should be drawn up outlining the date and time of the conversation and what it was regarding, agreed outcomes, review date and any other items to note.
Employees may be informally counselled on the same matter more than once before the issue progresses to formal counselling, at the discretion of the Executive Director.
Formal Counselling - First Warning The Executive Director may conduct a formal counselling session, issuing a first warning, if informal counselling does not rectify an issue or the matter is serious enough to warrant moving directly to this stage.
Employees and contracted individuals must be given notice of the session and may nominate a co-worker or third party to be present to support them during the meeting and to act as a witness.
During the meeting, the allegations or areas of concern should be outlined and the individual given an opportunity to respond to concerns and clarify their reasons for poor performance or unacceptable behaviour. Any previous discussions and informal counselling sessions relating to the matter should also be raised, and expected standards of performance and consequences of not conforming to the expected standards – including potential termination – outlined.
A formal letter documenting the meeting must be drawn up, outlining the following:
the nature of the warning and the unacceptable conduct or points of concern;
the individual’s explanation of the matter;
the change or conduct that is expected of the individual to resolve the concerns;
the time at which the matter will be reviewed; and
the potential ramifications of not complying with the matter, including further formal counselling and termination, if appropriate.
Individuals will be provided with a copy of the formal letter and sign an acknowledgement that they were issued with the warning. The letter and acknowledgement should be kept on file.
Formal Counselling - Second Warning A formal counselling session issuing a second warning will be held if an individual fails to meet expected standards that were agreed in a first warning, or the matter is serious enough to warrant moving directly to this stage.
The procedures as per the first warning will be followed, with the Executive Director clearly stating that the meeting is a second warning. The Executive Director should revisit the first warning letter and again give the individual adequate opportunity to defend or explain their actions.
Individuals will be provided with a copy of a formal letter in accordance with the letter issued for their first warning and sign an acknowledgement that they were issued with the warning. The letter and acknowledgement should be kept on file.
Formal Counselling - Final Warning A formal counselling session issuing a final warning will be held if, following a second warning, the performance or behaviour of an individual does not improve to an acceptable standard.
Prior to conducting a final warning, the Executive Director should communicate with the Board of Directors, who will ensure that appropriate processes have been followed and the necessary investigations have been performed.
During the meeting, the allegations or areas of concern should be outlined and the individual advised that if their conduct or performance is not amended to comply with the relevant standards, their employment will be terminated. The Company’s designated human resources representative should be present to act as a witness and ensure proceedings are fair.
Individuals will be provided with a copy of a formal letter highlighting the requirements to amend their conduct or performance and outlining that termination of employment is the next stage of the process, and sign an acknowledgement that they were issued with the warning. The letter and acknowledgement should be kept on file.
Dealing with serious misconduct If serious misconduct occurs:
Suspension of the individual during the investigation may be appropriate, usually on pay unless suspension without pay is authorised by industrial agreement.
If the individual is found guilty of serious misconduct prior to summary dismissal, the manager should:
consider what alternatives to summary dismissal are available and appropriate;
give the employee the opportunity to present material as to the appropriateness of the proposed summary dismissal or alternatives;
consider the material put forward by the employee, including any mitigating circumstances; and
convey the employer's decision, and confirm it in writing.
Examples of serious misconduct Serious misconduct according to the Fairwork Regulations 2009 is defined as:
wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment; and
conduct that may cause serious and imminent risk to: The health or safety of a person; or the reputation, viability or profitability of the employer's business;
conduct which includes employee engaging in theft; or fraud; or assault; or
the employee being intoxicated at work;
refusing to carry out a lawful and reasonable instruction that is consistent with the employee's contract of employment.
Grounds for Summary Dismissal Misconduct that may warrant summary dismissal includes, but is not limited to:
wilful disobedience of a lawful direction;
drunkenness at the workplace which endangers the safety of fellow employees or the public;
the use of objectionable or obscene language in certain circumstances;
the commission of a crime in the course of employment;