Code of Conduct

 

INTRODUCTION

BMS Mitre 10 (the Company) is committed to the highest levels of integrity
and ethical standards in all business practices. The Company prides itself
on its reputation and standing in the community as a trusted business and
wants to remain as such.

 

The Code of Conduct (Code) for employees provides definition on how our
values are demonstrated in the day-to-day activities of the Company. The
Code outlines the expected standards of behaviour and how employees are to
conduct their duties while representing the Company and working towards
achieving the goals of the Company. All standards contained in this Code
are in addition to the general obligations imposed on employees including
implied duties such as the duty of fidelity and to act in good faith.

 

Employee or You means any person employed by the Company.

 

INTERACTION WITH COMPANY POLICIES, PROCEDURES AND WORK PRACTICES

 

This Code is to be read in conjunction with the Company’s policies,
procedures, instructions and work practices as amended from time to time
and where appropriate.

 

A serious breach of this Code may result with immediate dismissal or
disciplinary action.

 

STANDARD OF CONDUCT

 

1. Respecting Others –




You are expected to treat shareholders, directors, chief executive
officer, managers, other employees, customers, suppliers, consultants,
distributors, agents, competitors, contractors and members of the
community with respect for their rights and obligations:






1. By being courteous, honest and fair when dealing with others and when making decisions.


2. By treating all people justly, irrespective of gender, sexual orientation, race, disability, religion, marital status, age, political conviction or other attributes.


3. By acting in ways that support the reputation of the Company and its employees.


4. By declaring a ‘Close Personal Relationship’ to the Chief Executive Officer (CEO), where this relationship could be perceived as detrimental to the work area or may be perceived as a conflict of interest.


5. By protecting the privacy of others and maintaining appropriate confidentiality regarding personal and commercial matters.


6. By respecting their cultural backgrounds and conducting activities sensitive to their cultural context.


7. By avoiding behaviour which might reasonably be perceived as harassment, discrimination, bullying or intimidation.


8. By not wilfully damaging, destroying or stealing their property.


9. By not fighting or engaging in horseplay or disorderly conduct.


10. By not using threatening or abusive language.

 

2. Responsibilities –



You are expected to perform your work duties:





1. With skill, honesty, care and diligence, using authority in a fair and equitable manner.


2. By complying with all lawful instructions given by your manager or other authorised persons.


3. By executing all lawful instructions in a timely manner given by your manager or other authorised persons.


4. By acting in a professional and conscientious manner at all times.


5. By dedicating all of your time to the performance of your work for the Company during times at which you are engaged by the Company to do so – not wasting time or ignoring duties during working hours.


6. By performing the duties allocated to you from time to time to the best of your knowledge and ability.


7. By attaining performance and principle behaviour objectives set out in your ‘Position Description’.


8. In accordance with the Company policies, procedures, instructions and work practices.


9. In accordance with relevant legislation, contractual obligations or agreements.


10. By behaving ethically and with integrity, taking action to prevent unethical practices.


11. By ensuring your regular attendance, being punctual and reporting at the scheduled work time. This includes returning from breaks and meal periods, as well as reporting for scheduled overtime.


12. By adhering to the notification and evidence requirements if you are absent from work, as a result of illness, incapacity or other personal reasons as set out in the ‘Notification and Evidence Requirements’ policy.


13. By having a valid reason when absent from work.


14. Your place of work will be either: 1 Carrington Road, Toowoomba 4350 or 252 Ruthven Street, Toowoomba 4350 or 450 Stenner Street Toowoomba 4350. Depending on staff absences or workflow requirements, you may be required to work at any one of these locations, on a temporary basis at short notice. If the needs of the business change, you may be required to work at any one of these locations, either on a permanent basis with 7 days’ notice in writing unless mutually agreed for a lesser period of notice, or on a temporary basis at short notice.


15. By maintaining an appearance and standard of dress in accordance with standards appropriate to the duties undertaken and the responsibilities held.

 

3. General Obligations –




1. You will refrain from acting in any way that would unfairly harm the reputation of the Company.


2. You will promote the interests of the Company.


3. You will declare to the Company any material misrepresentation or deliberate omission of a fact in your employment application.


4. You will declare to the Company any pre-existing injuries or medical conditions that may be aggravated by performing your duties.


5. You will declare to the Company if you previously made a false or misleading disclosure in relation to a pre-existing injury or medical condition.


6. You will declare to the Company if you have had a criminal offence proved against you during the previous 10 years, which involves theft, fraud, or dishonesty.


7. You will not intentionally give any false or misleading information to obtain a leave of absence.


8. You will only claim or accept a discount entitlement when purchasing goods from the Company, where the goods are for your personal use or the use of your immediate family, which must be used in the home in which you are permanently living.


9. If you attend a social function organised by the Company, you are expected to act in a way that does not adversely reflect upon the good reputation of the Company and does not cause a risk to another Worker’s health and safety.


10. You must notify your Manager immediately if your ‘Vehicle Driver Licence’ or ‘National Licence to Perform High Risk Work’ is expired, suspended or revoked.


11. You will not commit serious misconduct or fail to reach appropriate standards of work.

Serious misconduct: Includes but is not limited to:

• Working in an unsafe manner, including being under the influence of drugs, alcohol or medication;


• Dishonesty, theft, engaging in fraud or any other criminal behaviour;


• Drunkenness;


• In the company’s view, grossly neglecting or wilfully failing to properly perform your duties;


• In the company’s view, acting in such a way as to cause significant damage to the company’s reputation;


• Inappropriate behaviours such as fighting, assault, bringing firearms to the workplace;


• Conduct that may cause imminent and serious risk to a person’s health or safety;


• Conduct that may cause imminent and serious risk to the reputation, viability or profitability of the employer’s business.


• Any breach of confidentiality owed to the Company; or


• Acting in breach of the ‘Contract of Employment’.


• Serious breach of the ‘Code of Conduct’.

Failure to reach appropriate standards of work you would have to display:

• Neglect of duty;


• Insubordination and abuse; or


• Wilful disobedience.

 

4. Health and Safety Obligations –



You commit to encouraging a safe, supportive and productive work environment:





1. By carrying out work in a safe manner and reporting hazards, incidents and injuries.


2. By not wilfully or habitually violating health and safety regulations.


3. By not violating any regulation as legislated in ‘Building Fire Safety Regulation’.


4. By not coming to work under the influence of alcohol, illegal drugs (marijuana, cocaine, etc.), or drugs taken for non-medicinal purposes.


5. By not being in the possession on Company premises of alcohol, illegal drugs (marijuana, cocaine, etc.), or drugs taken for non-medicinal purposes.


6. By not consuming alcohol, illegal drugs (marijuana, cocaine, etc.), or drugs taken for non-medicinal purposes throughout the duration of your working hours, including scheduled breaks and lunch. This may exclude alcohol if expressly authorised by the Chief Executive Officer (CEO) on an individual, case by case basis.


7. By advising your manager prior to the commencement of your shift, that you have been advised by your medical practitioner that the prescribed medication may affect your work.


8. By adhering to our ‘No Smoking’ policy.


9. By responsibly controlling the use of hazardous substances that could adversely affect you or other employees behaviour, performance or health.


10. By using PPE and wearing clothing or footwear conforming to standards set by the Company and in accordance with health and safety requirements.


11. By not possessing firearms or weapons of any kind on Company property.

 

5. Conflict of Interest –



Conflict of Interest means a situation where you act, or fail to act in the best interests of the Company, or when you put your own personal interests before the interests of the Company.




You must take reasonable steps to avoid any actual or potential conflict of interest and act in the best interests of the Company:





1. By performing your duties primarily in the interests of the Companies business objectives and strategic directions.


2. By not engaging in additional employment outside the Company in competition to our company, either with another employer or through self-employment.


3. By maintaining the highest professional standards when fulfilling your duties. This places an obligation on you to act appropriately when a conflict arises (or could be seen to arise) between your duty to the Company and your close personal relationship with a staff member. You must not take any active part in any formal employment, review or assessment processes as set out in the ‘Close Personal Relationships’ policy in respect of another staff member (or potential staff member) with whom they have a close personal relationship.


4. By not misusing information or the influence of your position to pursue personal, sexual or financial relationships with other employees, customers, suppliers, consultants, distributors, agents, contractors and members of the community.


5. By not misusing information or the influence of your position for personal gain.


6. By not accepting gifts unless acting as an agent for the Chief Executive Officer.


7. By not offering or accepting money or a benefit for personal gain.


8. By disclosing actual or potential conflict of interest to the Chief Executive Officer and withdrawing yourself immediately from the situation giving rise to the conflict.

 

6. Computer Use, Internet, Email and Social Media –




1. You must not use Company computers or systems for illegal or inappropriate activities; or for monetary gain (personal or otherwise).


2. You must not access a Company computer file or retrieve any information stored on a Company computer without prior approval from the Company; or transfer Company computer files to or from a non-Company owned computer by email without prior approval from the Company; or transfer any files to or from a non-Company owned computer to a Company computer by means of a memory stick, writable CD, or the like; or install any software application, including screensavers, toolbars and backgrounds, onto a Company computer; or tamper with Company computer hardware or software.


3. You should use the Company’s email for business purposes only, except for incidental and occasional personal use which must be authorised by your manager.


4. You must not intentionally send sexual, pornographic, or otherwise inappropriate or offensive site links or information or messages using the Company’s email.


5. If you receive sexual, pornographic, or otherwise inappropriate or offensive site links or information or messages, immediately delete them when received and immediately notify your manager.


6. You must not intentionally access sexual, pornographic, or otherwise inappropriate or offensive sites or information on the internet.


7. You must not intentionally download music or videos from or play music on the internet; or download any programmes (e.g. instant messenger) without the Company’s approval.


8. In relation to Social Media, you must only disclose and discuss publicly available information; ensure that all content published is accurate and not misleading; be polite and respectful to all people you interact with; and comply with all laws including those concerning copyright, privacy, defamation, discrimination, harassment and other applicable laws, and any other Company policy.


9. In relation to Social Media, you must not post material that is offensive, obscene, defamatory, threatening, harassing, bullying, discriminatory, hateful, racist, sexist, infringes copyright, or is otherwise unlawful; or display any photographs or other images of Company premises, property or product; or use or disclose any ‘Confidential Information’ obtained in your capacity as an employee of the Company; or disparage any shareholders, directors, the chief executive officer, managers, other employees, customers, suppliers, consultants, distributors, agents, competitors, contractors and members of the community; or post material that is, or might be construed as, threatening, harassing, bullying or discriminatory towards shareholders, directors, the chief executive officer, manager, other employees, customers, suppliers, consultants, distributors, agents, competitors, contractors and members of the community; or make any comment or post any material that might otherwise cause damage to the Company’s reputation or bring it into disrepute.

 

7. Company Property –



Company property includes facilities, funds, vehicles, plant, equipment, tools, supplies, records, etc.





1. Must be used only for authorised purposes.


2. Must be used economically and in a proper manner (not neglected or abused).


3. Must be secured against theft and damage.


4. Must not be used for your personal purposes unless permission has been granted by the Chief Executive Officer.


5. Unless governed by law or otherwise agreed in writing, any intellectual property developed by you during or as a result of your employment by the Company is the sole property of the Company.

 

8. Confidentiality –



Confidential Information means any information, however communicated or recorded, relating to the Company’s business to which you gain access, whether before, during or after your employment or engagement with the Company, and includes but is not limited to:





1. Any trade secret or other commercially sensitive or confidential information of or possessed by the Company, including but limited to, hard drives, passwords, records (electronic and paper) and the like;


2. Any techniques, methods, computer software, materials, documents or manuals the Company uses in its business;


3. Technical information or research concerning products developed or used by the Company, its customers and suppliers;


4. Inventions, improvements or products discovered or developed by any Worker, officer or consultant of the Company;


5. Any information relating to the business affairs, accounts, market research, marketing plans, sales plans, customer lists, customer contact details, customer medical or other information, prospects, management or finances of the Company; and


6. The identity of the Company’s customers, suppliers, consultants, distributors, agents, contractors and workers and the arrangements between the Company and its customers, suppliers, consultants, distributors, agents, contractors and workers.






1. You are expected to ensure that you keep any ‘Confidential Information’ exchanged, obtained, viewed or prepared, strictly confidential and must not, under any circumstance, disclose the information to a third party without the written consent of the Company. This obligation continues after the employment relationship ends.


2. You are required to advise the Chief Executive Officer as soon as practicable if ‘Confidential Information’ has been disclosed to a third party.


3. You are also expected to ensure that you keep personal customer information private. The Company has a legal obligation to ensure that personal customer information collected by the Company is kept private. You must not, under any circumstance, use personal customer information for any other purpose than that arising out of the ordinary course of your duties.

 

9. Communication –




1. Media or public comments about the Company are conducted exclusively by the Chief Executive Officer (CEO) or as delegated by the CEO.


2. Comments about the Company’s affairs are not limited to comments made to newspapers, on radio or on TV. You will be deemed to have communicated information about the Company’s affairs, where you make a comment or leave a statement on a social media platform. A social media platform includes, but is not limited to Facebook, Twitter, LinkedIn, YouTube, blog, email or text message.


3. You must also ensure that any personal comment made about the Company, its shareholders, directors, the chief executive officer, manager, other employees, customers, suppliers, consultants, distributors, agents, competitors, contractors, on a social media platform, are not derogatory, defamatory or discriminatory.

 

CONCLUSION

 

You must be aware of, and adhere to, company policies, procedures, instructions and work practices.

 

In the course of your duties, you must comply with relevant legislation.

 

If you have doubts about any aspect of this Code, you must seek clarification from your Manager or the Chief Executive Officer.

 

 

BREACH OF THE CODE OF CONDUCT

 

You must comply with this Code and report any conduct that may be in breach of the law, this Code and the underlying policies and procedures, soon after the breach has occurred.

 

You should report suspected breaches of this Code in the first instance to your Manager or the Chief Executive Officer.

 

If you, in good faith, make a complaint or disclosure about an alleged breach of the Code, and follow the reporting procedure outlined below, you will not be disadvantaged or prejudiced in the making of such a complaint or disclosure. All reports will be treated as confidential.

1. A complaint or disclosure about an alleged breach of the Code should be in writing and contain details about the date, time and nature of the alleged breach and include any available supporting material.


2. The allegation should be made to the employee’s Manager, or if you believe the Manager may be implicated, to the Chief Executive Officer.


3. The person to whom the allegation is made should undertake a prompt and thorough investigation and determine whether any action is required.


4. You will be informed of the outcome of the investigation.


5. If unsatisfied with the outcome of the investigation conducted by the Manager, you may refer the matter to the Chief Executive Officer.


6. You may at any time discuss a matter, or seek advice on how to proceed with a matter, from your Manager or the Chief Executive Officer.

 

Consequences of this Code may result in disciplinary action, up to and including dismissal.

 

 

ACKNOWLEDGEMENT

 

I acknowledge that I have read and understand the Company Code of Conduct.

 

I hereby agree to comply with my obligations under the Code of Conduct, and any laws that may be relevant.

 

I understand that if I require to view or print a copy of this agreed ‘Code of Conduct’, I can access it on the ‘Home’ page of the ‘BMS Induction and Training ELearning Centre’ under the ‘Your Profile’ tab located at the top of the page in the right hand corner.

 

I hereby acknowledge and agree that this authority is irrevocable except with the consent of the Company.