Employee

Code of Conduct

Who does the Employee

Code of Conduct apply to?

The Employee Code of Conduct applies to all employees

of Brimbank City Council.

Any member of Council staff engaged through an

agency or as an independent contractor or similar is

also subject of this Employee Code of Conduct.

Approved January 2023

Part 1 About Brimbank City Council

1

1.1 Vision

1

1.2 Values

2

1.3 Commitment to employees

3

Part 2 Employee Conduct

4

2.1 Attendance

4

2.2 Corrupt conduct

4

2.3 Councillor and employee relationships

5

2.4 Customer service

6

2.5 Dress and appearance

6

2.6 Lawful and reasonable directions

6

2.7 Personal conduct

7

2.8 Resources

7

2.9 Work performance

8

2.10 Notification of offences

8

Part 3 Policies and Laws

9

3.1 Alcohol, drugs and smoking

9

3.2 Gambling

10

3.3 Equal opportunity, discrimination, harassment

and bullying

10

3.4 Gender equality

11

3.5 Fraud

11

3.6 Media contact

12

3.7 Occupational health and safety and risk management 12

3.8 Telephone, email and internet use

13

3.9 Social media

14

3.10 Use Of Council equipment, assets,

intellectual property and services

15

3.11 Child safety and wellbeing

16

Part 4 Conflict of interest

18

4.1 Conflict of interest

19

4.2 Gifts, beneftis and hospitality

20

4.3 Improper or undue influence

20

4.4 Relatives and close friends

21

4.4 Outside employment

21

4.5 Contracting for Council services

22

Part 5 Appropriate use of Council information

23

5.1 Information to be used for Council purposes only

23

5.2 Unauthorised disclosure of Council information prohibited 23

5.3 Information not to be used to gain improper

advantage or to cause harm

23

5.4 Guidelines and privacy

24

5.5 Confidential information/property to be

returned when leaving

24

Part 6 Breaches of Conduct

25

6.1 Serious or wilful misconduct

25

6.2 Reporting breaches of the Code of Conduct

27

Welcome to Brimbank City Council.

As a Council, we have an important job to do – to build a

better Brimbank for the Community we serve. Our Council

Plan Vision for 2021-2025, captures what we are working

on for the next four years: A transformed Brimbank that is

Beautiful, Thriving, Healthy and Connected.

Our community-first focus guarantees that everything

we do is based on our community. This means we work

towards providing the best possible service to the

community.

No matter what role or position each of us has in the

organisation, everything we do as individuals, teams,

departments, directorates, and as an organisation impacts

and supports the needs of the community.

The Brimbank City Council Employee Code of Conduct is an

integral part of the way we work every day. It outlines our

work standards and the laws, regulations and policies that

govern our work. It supports Council’s mission and values

by explaining how we should all behave.

You must be familiar with the Code, and act in accordance

with its requirements. This will ensure our work

environment remains safe, healthy and professional, and

encourages productivity and growth.

It is impossible for the Code to list every circumstance that

may arise, however I trust you will all understand and abide

by the intent of the Code.

Chief Executive Officer

1

Part 1 – About Brimbank

City Council

The Brimbank community is clear about their vision for the

future, that by 2040:

The Brimbank Community Vision establishes a shared

framework for us all to work towards collectively. Our

goal is to build a resilient Brimbank community that can

withstand future shocks and stresses and bounce back

stronger than before.

2

Values and behaviours shape many of Council’s activities,

they are the foundations of Brimbank, our guiding principles,

from decision making, our code of conduct and how we treat

and interact with each other and our community.

Our values have been developed by our people, they

describe how we like to be treated by each other.

Together, these underpin how we work together and

support each other to deliver excellent outcomes for

the Brimbank Community and at the same time create a

positive, safe and innovative work environment.

We are

– I value diversity, fairness and equity.

– I demonstrate empathy and

compassion.

– I am committed to the safety and

wellbeing of myself, my co-workers

and our community.

– I strive to achieve the best outcomes

for our community.

– I am open and curious about new

ideas and ways of working.

– I take pride in my work and commit to

serving our community.

– I am honest, transparent and

accountable in all that I do.

– I support and encourage others.

– I find opportunities to connect with

others and celebrate wins

We find

We

act with

We work

Council recognises that its success depends on the skill,

ability and commitment of our employees. Accordingly,

in order to provide a rewarding and satisfying work

environment, Council makes the following undertakings to

all employees:

• To create an environment in which employees are

treated with respect and courtesy.

• To be fair and reasonable in dealing with employee

concerns or issues.

• To keep employees informed about Brimbank City

Council, including regular communication on major

issues or initiatives.

• To regularly seek employee input and feedback on

relevant programs or initiatives.

• To provide adequate facilities and equipment.

• To provide an environment that recognises the health

and wellbeing of our employees is paramount, is

free of threat of risk or injury, is harassment free and

facilitates our people in meeting their work and personal

responsibilities.

• To provide competitive remuneration.

• To provide opportunities for professional development.

• To develop and promote a workplace culture of high

performance which is empowering and provides

opportunities for personal growth and development.

4

Part 2 – Employee Conduct

In the course of or in relation to their employment, all

employees must work in accordance with the Code of Conduct

Supervisors have the added responsibility of:

• leading and managing team performance and development,

and applying policies and procedures fairly and consistently;

• promoting high levels of customer service;

• managing budget expenditure responsibly and within

approved limits.

Employees are required to be punctual and regular in their

attendance. Unless it is an emergency, employees shall not

be absent during their normal working hours without prior

approval. At all times when an employee is unavoidably

absent from work due to sickness or any other reason,

they must notify their manager promptly (preferably

before their normal starting time) and indicate the type of

leave being taken and their likely date of return to work.

Employees must not engage in any corrupt conduct.

Corrupt conduct includes any dishonest or improper use

by an employee of their position. This may involve an

employee:

• Misusing information or material acquired in the course

of their duties

• Taking dishonest or improper action (direct or indirect)

to influence another employee when carrying out

their functions, in order to extract a favour or achieve

personal gain or advantage

• Taking dishonest or improper action contrary to the best

interests of Council

• Using Council equipment or resources for personal gain

• Abusing a position to achieve personal gain or

advantage.

5

The Chief Executive Officer is responsible for the day

to day management of the organisation. This includes

the performance and direction of all employees through

the organisation’s management structures. The

prohibits Councillors from

instructing employees in their duties. The Councillor and

Council Officer Interaction Protocol provides consistent

and transparent process for respectful communications

between Councillors and Council officers. Employees

are not to take directions regarding their duties or the

performance of particular functions from a Councillor or

any other elected representative. Employees approached

in this way must refer the request to their manager.

Employees are not to directly canvass or lobby elected

representatives on Council matters. Employees are also not

to use their position as an employee to directly canvass or

lobby Councillors in relation to personal matters.

There are very clear guidelines in relation to information

available to Councillors. The Councillors Access to

Information Protocol recognises that Councillors

should generally not have any greater access to Council

information than community members. Except for some

limited exceptions, the Protocol requires Councillors to

seek information through the relevant Director. Employees

have a responsibility to only provide information to

Councillors that has been requested or approved by their

Director. If a Councillor makes a direct approach requesting

information or that an action be taken, the employee

should report this to their Director. Similarly, employees

are not permitted to make a direct approach to a Councillor

requesting or providing any information in relation to

Council business, unless specifically authorised by the

Director.

Unauthorised communication with Councillors arising as

a result of either a direct approach from a Councillor to an

employee or an employee to a Councillor will be considered

a breach of the Code of Conduct.

In all circumstances when employees and Councillors

are engaged in communications, it is expected these

communications will be conducted in a courteous, polite

and respectful manner that is consistent with our Values

and Behaviours.

6

Customers may be Brimbank employees, residents or other

external stakeholders.

Employees are expected to deliver a high level of service

at all times. Accordingly, employees are expected to

greet customers courteously and listen to their query

attentively. If an employee is unable to assist a customer

with a request then the matter should be referred to

the relevant person for help. When working in a shared

office, telephones should not ‘ring out’. Where possible

telephones should be answered by other team members

or otherwise divert to voicemail where this is not possible.

Eating or drinking while attending to customers in face to

face situations is not permitted.

Employees are required to ensure their appearance is neat,

clean and appropriate for their particular area of work.

Professional attire and a high standard of personal hygiene

is expected at all times. Where a uniform is provided, it

must be worn in accordance with Council requirements.

When wearing a uniform to and from work, employees

are expected to conduct themselves in a responsible and

professional manner.

Employees are required to comply with lawful and

reasonable directions given to them by their supervisor

or manager, or requirements expected of them. If an

employee has concerns about a direction given to them,

they should contact their Director or the Chief Executive

Officer.

Failure to comply with a lawful and reasonable direction

or requirement may be considered serious or wilful

misconduct and may result in disciplinary action.

Employees must act with integrity at all times and must

never engage in fraudulent activity of any kind.

Examples of fraud include theft or misusing equipment,

assets, cash, intellectual property or other property

belonging to the Council. All incidents of fraud will be

investigated and, where appropriate, reported to the police

for prosecution. The CEO is required by law to report any

suspected serious corrupt conduct to the Independent

Broad-based Anti-corruption Commission (IBAC), who will

lead or direct any investigation. Council will seek financial

recovery of losses in all cases. Civil proceedings will be

initiated where appropriate.

Employees have a moral duty and are required to report

any suspicion of fraudulent behaviour they may have

witnessed. Brimbank has appointed Protected Disclosure

officers to receive disclosures and be a contact point for

general advice for anyone wanting to make a disclosure.

Council is committed to providing and maintaining a safe

and healthy workplace for all employees, contractors,

volunteers and members of the public.

While at work, an employee must:

• Take reasonable care for their own health and safety.

• Take reasonable care for the health and safety of

persons who may be affected by the employee’s acts or

omissions.

• Co-operate with respect to any action taken by Council

to establish and maintain occupational health and safety

systems and procedures.

• Not intentionally or recklessly interfere with or misuse

anything provided at the workplace in the interests of

health and safety.

13

This includes using protective equipment or clothing

provided by Council at all required times.

Employees should immediately notify their manager in the

event of an injury, near miss, damaged equipment or other

workplace hazard.

Managers and supervisors must address identified risks to

health and safety as they arise.

Council telephones, email and internet facilities are for

business use. Private use of these services must be kept

to a minimum in accordance with the Council policies.

Employees supplied with a mobile phone must adhere to

Council’s mobile phone use guidelines.

The use of email or other media to distribute or store

offensive or inappropriate material (such as pornography,

depictions of extreme violence, racial or other vilification or

hatred) and access to inappropriate internet sites will not

be tolerated under any circumstances.

Council policy sets out the specific conditions and protocols

that apply to employees when they use computing and

telecommunications services and equipment. The policy

sets out the practices that are considered unacceptable

and will be subject to disciplinary action including possible

dismissal (termination) where considered appropriate.

• Using Council equipment for personal or commercial

gain. Council tools and equipment may not be borrowed

for private use.

Employees provided with Council vehicles are

required to use them in accordance with Council

policies and guidelines.

and Brimbank

Governance rules.

19

The

sections 126-130 define

the circumstances that give rise to a conflict of interest for

Council staff. Staff are required to be aware of and comply

with these provisions at all times.

A member of Council staff has a conflict of interest if they

have a general conflict of interest or material conflict of

interest in a matter:

• General Conflict of Interest

A member of Council staff has a general conflict of

interest in a matter if an impartial, fair-minded person

would consider that the person’s private interests could

result in that person acting in a manner that is contrary

to their public duty.

• Material Conflict of Interest

A member of Council staff has a material conflict of

interest in a matter if that person or their affected

person would gain a benefit or suffer a loss depending

on the outcome of the matter.

If Council staff believe they have a conflict of interest

or are unsure if they have a conflict of interest they

must raise the issue with their manager. Once a staff

member has raised the issue with their manager it is the

responsibility of the staff member to ensure that they

contact the Governance team to register a conflict of

interest on Council’s Conflict of Interest Register. An author

of a Council report must ensure that all relevant conflict of

interest declarations from contributors to the report form

part of the report.

If a member of Council staff has a conflict of interest,

they must exclude themselves from the decision making

process and any other action in relation to that matter

(including the provision of advice). Council staff are also

encouraged to be mindful of undertaking activities or

engaging in conduct that may potentially give rise to a

conflict of interest.

20

Council staff may be offered gifts, benefits or hospitality

from members of the public or other organisations from

time to time. These offers may be genuine in nature,

but may create a perceived inappropriate relationship or

potential conflict of interest.

As a general principle, Council staff while engaged by

Council must not directly or indirectly accept or solicit gifts,

benefits or hospitality from any supplier, member of the

public, organisation or body.

Council staff must declare all offers of gifts or benefits,

and all hospitality (except reasonable hospitality),

including those offers that have been declined, using a

Declaration Form. The Governance team will enter these

on a register, and a de-identified version will be available

for the public to view.

All Council staff must comply with the Council

Officer Gifts, Benefits and Hospitality Policy.

Council staff for the purposes of accepting gifts,

benefits and hospitality are the Chief Executive

Officer, all employees of Brimbank City Council,

contract and temporary staff, third parties

undertaking activity for or on behalf of Council,

volunteers and work placement students.

Employees must not use their position to improperly

influence or harass employees, contractors, Councillors

or members of the public in order to gain an improper

advantage, either financial or otherwise, for themselves or

for any other person or group.

21

A conflict of interest can arise where an employee makes

or participates in decisions affecting another person with

whom they have a personal relationship (such as a relative,

spouse, close friend or personal associate).

This includes the selection, appointment or promotion

of staff, performance management, determination of

a permit or an approval, development of employees, or

disciplinary action. It can also relate to the purchasing of

goods or services, or the enforcement of regulations.

In cases where a conflict may arise, employees must advise

their manager who will determine whether or not a real

or perceived conflict of interest exists and whether the

employee needs to be removed from the decision making

in relation to the process.

Outside employment refers to the employee’s employment

by an employer other than Brimbank City Council, such

as self-employment, contract work and unpaid voluntary

work. Examples of outside employment include but are

not limited to, tutoring, taxi driving, cleaning, working in a

restaurant, gardening, administrative duties and running a

business. If an employee conducts their own business, any

work associated with this must not be done during Council

working time and Council resources must not be used.

Employees are permitted to perform work outside of

Council, provided it does not conflict or interfere with

the performance of their official duties. The outside

employment must be performed solely in the employee’s

private time and must not be undertaken while on Council

duty, involve commercially sensitive or confidential

information or resources obtained through their work with

Council, discredit or disadvantage Council or interfere with

Council’s transparent business practices.

Employees must not accept outside payments for activities

which would be regarded as part of their normal/allocated/

rostered duties.

22

Employees must also not be employed by or receive

personal payment from a business which renders services

to the Council or is in the process of tendering for or

entering into a contractual relationship with Council. If

the outside employment could be a conflict of interest, or

there may be a perception that there could be a conflict

of interest, the employee must advise their Manager and

Director who will either approve the outside employment

arrangement, or advise that the outside employment

presents a real or perceived conflict of interest and cannot

continue whilst employed with Council. Failure to advise

the Manager and Director of an outside employment

arrangement that could be a conflict of interest may result

in disciplinary action.

If an employee intends to contract for a Council service,

either individually or as part of a consortium, before doing

so they must resign from Council. Current employees are

not able to enter into a contract for Council services.

23

Part 5 – Appropriate use of

Council Information

Some employees, as part of their role, may have access to

personal or commercial information relating to employees,

the public or the financial operations (or other) of Council.

This information is to be used for Brimbank City Council

purposes only and must remain secure and confidential.

It is important that the community has confidence that

information acquired by Council is only used for Council

purposes. Inappropriate use of Council information will

result in disciplinary action. The level of disciplinary action

will depend on the seriousness of the matter.

Unauthorised disclosure of Council information,

including the misuse of intellectual property (eg.

financial figures, contractual arrangements, buying

terms, suppliers, employment benefits, salaries and

conditions) is prohibited.

Employees must not use Council information to gain an

improper advantage for themselves or any other person.

Furthermore, Council information is not to be used in any

way, which may cause harm or detriment to any person,

group or organisation.

24

Council has developed guidelines to ensure confidential

personal information is not released without the

appropriate authority. All employee related information

collected and stored by Brimbank City Council is handled,

used and disclosed in a transparent and responsible

manner in accordance with the Information

Privacy and

Data Protection Act 2014

and Brimbank City Council’s

Privacy Policy.

Staff must comply with Brimbank City Council’s Privacy

Policy at all times and must not make improper use of

information gained by being a staff member. You must

ensure that all personal information retained by Council

is collected, stored and used in accordance with privacy

legislation, Freedom of Information and Council policies

and procedures, including records management practices.

All staff should take appropriate steps to prevent

unauthorised disclosure and report any misuse to Council’s

Privacy Officer.

Upon ceasing employment with Brimbank City Council

for any reason, an employee must return all confidential

information (whether in digital or paper format) and

Council property in their possession to their manager.

.

Please see your manager or contact the People &

Performance Department for further information or

clarification on any aspect of the Code of Conduct.

9249 4000

info@brimbank.vic.gov.au

PO Box 70

Sunshine VIC 3020

Use Brimby, the online virtual assistant

brimbank.vic.gov.au

040 - 0223