1 Session 1 of 5 · The policy
A social media policy staff can follow
A workplace social media policy tells staff what they may post, what is never private, and what happens when the rules are broken. The Fair Work Ombudsman lists the points to put to staff, and business.gov.au adds how a policy takes hold: consult on it, write it down, teach it at onboarding and review it.
General information about workplace policies, not legal or employment advice. The official places to check are the Fair Work Ombudsman for workplace rules and the Fair Work Commission for how dismissals are decided.
Policy, process, procedure
business.gov.au separates three words that often get used as one:
“Policies are high-level guidelines for your business. For example, a policy on personal internet use at work.”
“Processes are a series of actions you take to achieve something. For example, the process you follow to onboard new staff.”
“Procedures are detailed instructions for a task.”
business.gov.au, Policies, procedures and processesA social media policy is the first kind. Training brings in the other two: the onboarding that delivers it, and step-by-step instructions for tasks such as posting on the business’s accounts.
What the policy tells staff
The Fair Work Ombudsman’s guide to workplace privacy says best practice employers have clear policies so employees understand what is expected of them on social media, email, internet use and any monitoring at work. It lists the points to communicate. Here they are in plain words, in its order:
The points the Fair Work Ombudsman lists
- Social media and other electronic messages are not private.
- The business may delete, at any time, data and information that staff have put into its systems.
- Which uses of email, social media and the internet at work are acceptable, and which are not.
- That staff are not to reveal personal information about customers or colleagues, images of them included, on social media, in email or anywhere else.
- The business checks that its privacy, social media and acceptable use policies are followed, and staff are told what a breach may lead to.
- What the business records and keeps, such as the content and patterns of staff email and browsing, or location information, and who may see those records.
- Which areas, if any, are under surveillance, including by CCTV or drones, and who can see what it captures. The guide notes that state and territory laws may limit surveillance.
Point four has a session of its own: privacy in staff training.
The business’s own accounts
Some staff post for the business, not just about it. business.gov.au’s security list for social media includes “only share social media passwords with staff that need them” and “change your passwords when a staff member leaves your business.” The ACSC’s Small business cyber security handbook goes further: “Create individual accounts for staff wherever possible.” A policy that names who may post as the business, and from which login, gives training something concrete.
From a document to a habit
business.gov.au’s tips for any workplace policy read as a sequence:
- Consult. “Consult your staff about new policies that might affect them. Help your workers understand why the policy is important.”
- Write it down. “Document your policies, processes and procedures. Make sure staff can access them easily.”
- Onboard. “Teach staff about the policies, processes and procedures specific to their role. Make this a part of onboarding new employees.”
- Review it. “Regularly review your processes and procedures. This should include asking staff how you could improve them.”
The Fair Work Ombudsman says best practice employers train managers and employees in workplace privacy, and suggests backing the training with copies of the policies, checklists, guidance on electronic communication including social media, and links to the OAIC. Its guide also gives an example of an HR manager who tells new staff at induction, and managers in their training, that repeated breaches of the business’s privacy and electronic communications policies will lead to disciplinary action.
Why an unenforced policy is a weak one
How a policy is applied matters as much as what it says. The Fair Work Commission’s benchbook on conduct makes three points about policies:
- A breach of a policy that is substantial and wilful will often be a valid reason for dismissal.
- A breach on its own does not decide that a dismissal was fair: all of the circumstances are taken into account.
- Where breaches have been widespread and the employer did nothing, that counts against a finding that a dismissal was justified.
The benchbook adds that treating similar conduct by other employees differently can be relevant. How the Commission weighs a post is set out in when a post costs a job.
The rules the policy sits beside
A social media policy is not the only rulebook in play. business.gov.au notes that a business may also have to meet industry standards and codes of conduct or practice, which differ between industries and may be mandatory or voluntary, and that staff need to know their legal obligations, “This includes complying with Australian Consumer Law.” That is the subject of staff who speak for the brand.
The Fair Work Ombudsman also suggests a separate workplace privacy policy, with guidelines for electronic communications and social media, reviewed regularly.