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Recruiting a new employee can be an expensive exercise once you consider costs such as advertising, interview time, agency fees, training the new employee and various administrative costs. These issues have the following implications:
1. Only recruit if you definitely need a new employee.
2. Make sure you have accurate information about the job so you can recruit the right person.
3. Ensure that your recruitment and selection processes comply with relevant laws.
Use this Recruitment Checklist to guide your recruitment processes. It provides a 'warning list' applicable at each stage of the recruitment process, alerting you to particular issues of which to be aware.
Do you need a new employee?
Consider alternatives to recruiting a new employee that may be more cost effective. These may include: reallocating existing employees, redesigning the job, changing work hours or working arrangements, outsourcing the work or using contractors or labour hire workers. Look at the longer term needs of the business, however – these options should not be just a “quick fix”. If you wish to implement any of these alternative strategies, it is best to discuss them first with a workplace lawyer who can advise you of any legal risks which may be involved in taking this action. For example, if you unilaterally redesign an existing employee's job or change their working hours, you may be subject to a breach of contract claim.
Collect accurate information
Analyse the job again and ensure you have a written, up-to-date, job description and person specification. Identify the job’s key performance and competency standards.
Evaluate any constraints that may affect recruitment, such as budgetary/financial, space, work equipment and other resources.
Comply with the law
Legislation affects recruitment in the following areas:
- equal opportunity/discrimination
- privacy
- award/agreement provisions
- employment contract law
- apprentices and trainees
- minimum employment age
- occupational health and safety
- taxation
- trade practice laws
Make sure you are familiar with all relevant legal requirements before proceeding. The "Useful Links" section on this website provides you with links to government and other useful websites that may be of assistance.
The recruitment process
Once you decide to recruit a new employee and have collected the necessary information, the next step is to decide who conducts the recruitment process – you, or a recruitment agency/consultant. If you will be doing the recruiting, the process usually follows the stages set out below:
1. Publicise the vacancy. Advertise it internally (current employees or acquaintances of them may be interested in it) and externally. State how people should apply, eg send a written CV, telephone or call in person.
2. Screen out unsuitable applicants, eg those who lack essential qualifications or experience.
3. Interview suitable applicants face-to-face. Prepare some standard questions to ask all interviewees and ensure that the questions and discussion are not discriminatory.
4. Conduct selection tests, eg to assess applicants’ ability to perform the job.
5. Having received the applicant’s approval to do so, check applicants’ references (eg by contacting previous employers) and verify that their qualifications are valid (eg view trade certificates and evidence of educational qualifications, or contact the issuing authority). You can delay this step until you short-list a few of the candidates.
6. Check that applicants are legally able to work in Australia, eg view work permits or visas.
7. Prepare a short-list of suitable applicants in ranked order.
8. Offer the job to your first-preference applicant, however, make it clear to the preferred candidate that any oral offer is subject to the candidate’s acceptance of a written letter of offer. When an applicant accepts the initial verbal offer, arrange a starting date and prepare and send a written letter of offer/employment contract.
9. Advise all unsuccessful applicants and thank them for applying.
10. Afterwards, always evaluate the recruitment process and look for ways to improve it in future.
If you use an employment agency, the agency will perform most of the above steps, but it is still advisable for the employer to interview at least a short-list of applicants and to prepare the employment contract. It is important you give any employment agencies you use, as accurate brief of the position being offered and that the agency does not misrepresent the position and conditions being offered.
You should consider destroying documentation from unsuccessful candidates after a short period (eg three months) as privacy laws may cause problems if documentation is retained. Notify candidates that this is the action which will be taken if their application is not successful. Always return any original documents you receive to the unsuccessful applicants or give them a reasonable opportunity to collect them from you. If an unsuccessful candidate gives you permission to keep his/her documentation then it is lawful to do so.
The job offer - how will my employee’s pay and conditions be expressed?
This question relates to the legal expression of your intentions. Your range of choices will depend on the entity which employs the employees as well as individual considerations. The possible choices available are:
i. Individual Transitional Employment Agreement (ITEA) – this is an individual agreement made between an employer and an employee which must be approved by the Workplace Authority.
ii. Award – for which award covers your employees, see Award Links
iii. Collective (‘group’) Agreement - made between an employer, groups of employees and (sometimes) unions. All states and the federal system make provision for this type of agreement.
iv. Written contract of employment – this can be expressed in a letter format.
v. Combination of award and written contract. This is common for award covered employees. Note: it is important that the written contract does not attempt to over-ride award conditions. If this is desired, consider an ITEA or collective workplace agreement.
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