SUPERVISION

INTRODUCTION

Supervisors (both their role as well as supervision) is at times underestimated or not recognised. Yet, Supervisors are a crucial part of any organisation. Arguably, it is one of the most important positions within an organisation. It is for these reasons that the following seeks to highlight this important position.

MEANINGS

The Supervisor is someone who helps to ensure the trust and confidence in a business. Not only establishing that trust and confidence but also maintaining it. This is achieved through the direct contact with employees. The development of trust and confidence being fundamental elements of importance in the operations of a business. To employees as well as to the company and/or enterprise within which they are employed, the Supervisor plays that critical role. The Supervisor is therefore an important link between the shopfloor and higher levels of management. The Supervisor is not a position to be underestimated.

While a list of duties, functions and responsibilities are collated and put into effect across all enterprises, the Supervisor can be seen in that direct and confidential relationship with an employee. An employee’s personnel concerns as well as workplace issues are areas where the Supervisor can and does play an important role. In some broad instances and dependent upon the issue, that employee relationship can be exposed to emergent issues involving an assisting in any an employee’s employment affected by domestic violence. While perhaps not extending to whistleblowing matters, the supervisor is there to manage workplace operations in ensuring compliance with such matters as work, health and safety, respect for others, prevention of workplace bullying, harassment of others, grievance handling, company policies and procedures, and respective industrial instruments regulating the employee(s) workplace. Managerial roles of administration as well as leadership are key.

ISSUES

A Supervisor is a person who is an employee’s most immediate point of contact in the workplace to discuss an issue, a grievance, a concern. This will involve matters of TRUST and CONFIDENCE.

A Supervisor’s role is also one of a mentoring role. A role across respective workplaces that includes not only the generic term of “SUPERVISION” but a role of assisting, teaching, providing support to employees who come under the Supervisor’s jurisdiction.

The emergence of an incident or a grievance will generally be brought to the Supervisor’s attention and if not resolved, progress further within the Management structure.

A grievance or dispute raised should be resolved at the earliest instance and grievance or dispute procedures reflect this under the Model Dispute Procedure clause under the Fair Work Act 2009 (Cth).

A Supervisor is generally a salaried and managerial type employee within a Company structure. In such circumstances, the Supervisor’s role and responsibilities are regulated and managed through that Supervisor’s contract of employment (and job description). In a minority of cases, a Supervisor may be covered by a Modern Award and even an Enterprise Agreement (see AWU v Woodside Energy Ltd [2023] FWC 249).

Note that the Manufacturing and Associated Industries and Occupations Award 2020 provides for the classifications of Principal Supervisor/Trainer/Coordinator as well as Supervisor/Trainer/Co-ordinator. Across these differing levels, the supervisory role takes in matters of planning; directing employee work duties and functions; supervising and co-ordinating the work of employees; assisting on the provision of training;

ROLE OF A SUPERVISING PERSON

The role of Supervisors varies between industries, size of respective businesses as well as between functions in that in a large organisation, a supervisor may be engaged in a range of duties and functions which includes managerial functions, whereas in small businesses, that role can take up the role of both a managerial role such as approving leave, acts of discipline, leadership as well as that of a leading hand person.

Then, the role can be multi-functional such as with small and micro businesses, where the owner of the business, may in fact be a combination of owner, manager, supervisor as well as a leading hand. Of course, every organisation will differ across respective industries.

A supervisor can include the following types of activities:

·         identify and resolve grievances and workplace disputes – e.g., some EA dispute resolution provisions provide for the resolution of an issue, grievance or dispute, at the earliest moment. This may well involve the employees’ supervisor (a managerial position), if unresolved, the matter would progress further up the managerial hierarch;

·         provide technical guidance and assistance;

·         deal with day to day;

·         involvement in orientation and induction which should include safety induction

·         assist in selection of employees

·         payroll procedures: payroll timesheets; absenteeism; management of day to day employee activities;

·         conditions of employment: e.g., applicable industrial instruments (awareness of application of relevant award(s); (provisions) as well as any enterprise agreements – processes and application); importance of employment contracts; policies and procedures;

·         discipline including termination of employment

·         hours of work – e.g., shift arrangements;

·         training including health and safety (in conjunction with WHS officer if one is engaged – size of enterprise/entity)

·         communication and consultation at workface

·         knowledge and employee performance – assist in management of such

·         interaction with customers

However, why look solely at such a list of functions, duties, responsibilities when you actually look at these people, these positions you then realise and appreciate the vital role and impact that they have and play, extending into higher levels of management – roles, duties, functions and career development, providing actual workplace experience and expertise.

You write down these duties, but then do you study them; do you analyse? Yet, you recognise the intention of these duties. It is a chain of progression up the management list.

Lesser known or evident matters for supervisors

·         right of entry entitlements

·         protected industrial action and payments

·         employee records inspections

·         attendance at induction and training

·         EA processes

·         Relationship between employment contracts, relevant modern award(s) and relevant enterprise agreement(s)

·         NES and modern awards

·         application of stand downs – timing and circumstances

Leading Hands – Modern Awards do not generally define “leading hands”. What Modern awards largely do is categorise “leading hands” as persons “in charge” of a number of employees, such as 1-5 employees; 6-10 employees; 10-15 employees; or even “more than 15 employees”. So, what then is a “leading hand” and what does “in charge of”, mean? However, a leading hand also plays an important role amongst/within the workplace as well as being that important link between works and management.

In looking at that area of employment, the following seeks to provide some indicators and/or criteria to assist in providing some added guidance in relation to this important but perhaps under-recognised position.

Whereas a LEADING HAND, is more likely to be covered by a relevant Modern Award and relevant Enterprise Agreement (as well as, obviously, having their contract of employment applicable).

Perhaps a comparison with the types of duties of a leading hand (this would vary from industry to industry), but the following is from the fire protection industry):

A leading hand can be involved in such duties and responsibilities as:

·         assist in the co-ordination of respective duties for each day/shift, if not for a particular cycle;

·         ensure that employees’ duties and responsibilities are efficiently applied such as efficient utilisation of company equipment and property;

·         assist in the scheduling and directing employees’ respective activities;

·         delegate work tasks

·         monitor work quality and accuracy

·         liaise with client on-site representatives

·         monitor safety

·         report employee absenteeism and attendance

·         ensure working hours are satisfied

·         monitor overtime requirements and performance

·         report employee non-conformance

·         liaise with suppliers to facilitate deliveries, unloading and storage of equipment

·         liaise with design staff and management;

·         act as a link or mediator between employees and management;

·         report any safety breaches or accidents

·         ensure that WHS requirements and obligations are complied with – comply with procedures, systems;

·         co-ordinate with supervisors and management to assist in the scheduling  and ensuring efficiencies and productivity measures and goals are met; and

·         inform supervisor of breaches

·         liaise with supervisors

The main role of a Leading Hand is to ensure that their workgroup achieves the results that they expect. They’re likely to be managing a team of between 5-10 people each day. Leading Hands are responsible for the results of their team and this means getting involved and understanding the day-to-day operation firsthand.

And from then combine these duties, etc., when one looks at a small business and the effects are even greater.

Note that in small businesses (including micro-businesses) the manager will act as a supervisor. The role of a leading hand would most likely not arise due to the close contact between workers and management.

Disclaimer: Richard Krajewski’s articles are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication.