Clause 28.0 of the UNSW (General Staff) Enterprise Agreement 2006 (the Agreement) sets out the process that should be taken where the performance of a general staff member is identified as being unsatisfactory by his/her supervisor.

Whilst the steps in the process are the minimum that should be taken by a supervisor in dealing with instances of unsatisfactory performance, individual cases may vary in complexity and other steps may be required in order to comply with legislative requirements such as the Workplace Relations Act 1996. As such, line managers should consult with the Industrial Relations Advisory Unit where any instance of unsatisfactory performance arises.

There are a number of measures available to a supervisor at an early stage to remedy possible unsatisfactory performance prior to activating the process set out in the Agreement. Measures such as guidance, counselling, staff development and/or appropriate work allocation can often remedy a potential performance issue prior to the matter becoming more formalised.

Where these measures do not result in an improvement in the employee's performance, a supervisor should take the following process as set out in of the Agreement:

• the supervisor will discuss with the employee the deficiencies in performance identified and the performance standard required. Normally a written record of the discussions should be kept;
• the employee will be given the opportunity to respond in writing and/or verbally to the supervisor's assessment;
• the supervisor will, where necessary, formally provide guidance/assistance, training or counselling designed to remedy the identified deficiencies in performance and to assist the employee in reaching the performance standard required (a record of this should be made);
• a reasonable time frame to improve performance should be provided to the employee (normally this will be three months);
• the supervisor should meet regularly with the employee during the review period to discuss progress;
• the supervisor will advise the employee in writing of any further disciplinary action at any time during or at the end of the review period.

It should be noted that the above processes apply to general staff unsatisfactory performance only and does not apply in cases of general staff misconduct or serious misconduct.