Newsletter

Introduction: Another federal election campaign is upon us, with a poll date set for May 21st. For HR practitioners, this often means it’s time to get ready for change. The Australian Chamber of Commerce and Industry has called on the next Federal Government to “Back Australian Business”.

In a media release, the ACCI said that the campaign seeks to address three priority issues:

• • Ensuring all businesses and the Australians they employ have access to the skills to grow Australia’s prosperity now and into the future.
  • Boosting labour force participation, enabling Australians who want to work to get into jobs.
  • Taking the pressure off small business by reducing the regulatory and compliance burden, easing cash flow pressures, and boosting growth and employment opportunities.

News: The Victorian Chamber of Commerce and Industry (VCCI) has launched an all-in-one HR review, documentation and support package to get businesses on track. In a media release, the VCCI said that the inspiration behind the product is based on employers’ experiences with compliance.

News: The Federal Government has launched the National Workforce Strategy 2022-2027, which seeks to ensure sector-specific workforce plans that would equip Australians to take up available work and remove barriers to participation.

News: The Australian Council of Trade Unions (ACTU) has made its closing arguments before the FWC’s hearings that would assess the need for 10 days of paid family and domestic violence (FDV) leave. The move is part of ACTU’s efforts to ensure that all workers have access to the said leave under the National Employment Standards.

News: The Office of the Work Health and Safety Prosecutor (OWHSP) of the Queensland Government recently announced an individual’s first conviction for industrial manslaughter since the offence’s enactment in 2017.

News: Nearly half of Australian employees say they feel burnt out, according to the latest Employee Sentiment Index from ELMO. The number of employees suffering from burnout during the first quarter of 2022 is over 10% higher than the 34% reported in the same quarter last year, according to the report.

Workers’ Comp and COVID. What’s Changed?

Since the pandemic began, there have been around 3,000 COVID-19 related workers’ compensation claims across Australia.

In Victoria, the total cost of claims to date is $7.2 million, and the future estimated cost of these claims is $25.2 million. There have been three accepted claims of death. New South Wales has paid out $7.8 million for COVID-related workers’ compensation claims.

NSW’s State Insurance Regulatory Authority (SIRA) recently estimated that up to $638 million could be paid out over the next 12 months in workers’ compensation for COVID cases. SIRA revealed there had been 1,871 claims for workers compensation since the pandemic began in 2020, through to 15 October 2021.

A worker can put in workers’ compensation claim if they feel they became sick, injured or diseased during, or caused by, employment. COVID-19 is likely to be considered under the disease provisions of the Safety, Rehabilitation and Compensation Act 1988. For a disease to be covered, it must be contributed to, to a significant degree, by the employee’s employment.

If an employee catches COVID-19 at work, they can make a claim for workers’ compensation, which operates under a no-fault principle. Each Australian State has slightly differing workers’ compensation schemes.

It may be difficult to determine that employment was a significant contributing factor to catching COVID-19. Each workers’ compensation claim is considered individually to assess the circumstances and evidence.

To protect yourself from legal action, it’s important to comply with all public health orders. If there is any uncertainty, seek legal advice before making any decision.

Would you like help in ensuring your employees are protected as much as possible from COVID-19? The HR Dept can help put policies in place.

What is Toxic Positivity and Why is it bad for Business?

Positivity can be great for business. From collaboration to problem solving, a positive outlook is a desirable attribute to have.

What is toxic positivity?

Toxic positivity refers to excessive positive thinking. It is the assumption that a positive outlook should be sought no matter how difficult or painful a situation may be.

The trouble with this is that it can invalidate problems and leave little room for discussion; thus, resulting in real problems or painful emotions being ignored.

In response to toxic positivity, a person may shutdown and avoid voicing their concerns. This can leave them feeling isolated which can have a negative impact on mental health. It also means that opportunities to resolve people problems can be missed, leading to potentially risky HR situations in the workplace.

Approaching negativity or other difficult situations in the workplace can lead to some emotionally fuelled conversations with staff. If you need a hand to communicate confidently, give us a call.

Employee vs Contractor: Put a Solid Contract In Place

A recent ruling in the High Court of Australia has called into question the difference between an employee and a contractor.

In the case of ZG Operations & Jamsek and CFMMEU v Personnel Contracting, the High Court considered the written contract as paramount in determining whether an individual is an employee or contractor. The High Court held that the written terms of the agreement between the parties is the primary factor when determining whether a worker is an employee or contractor.

To ensure you are legally covered, employers should:

• • Ensure the arrangement is articulated in writing, with a contract that sets out the rights and obligations of the parties.
  • Review existing contractor arrangements and contracts.

As an employer, it’s important to have a written contract that clearly and appropriately reflects the true nature of the relationship between the employer and employee. If you’d like help drafting contracts, get in touch.

Supporting Employees through uncertain times

Russia’s devastating invasion of Ukraine and the ongoing humanitarian crisis have sent shockwaves worldwide.

To help employers, we have highlighted some pointers below.

Increase communication with employees

Increased communication during this time will help you to identify early on if an employee needs your support.

Signpost mental health resources

All employees can benefit from an Employee Assistance Programme providing mental health services. It can be helpful to circulate the details if you have one to remind employees of the help that is available to them.

Taking proactive steps to make a difference can bring your team together and help them to stay positive.

Introduction: Australian workplaces are slowly and surely returning to a “new normal”, after a tumultuous few months of natural disasters and the continuing COVID-19 pandemic. However, as Australians return to a more familiar version of the workplace, there are some things that may never change – such as remote working and flexible schedules that prioritise mental health and wellbeing. If you’re adjusting to a new type of workplace, please get in touch with the HR Dept – we’re here to help you navigate the “new normal”, to ensure employees and employers are well looked after.

News: The Victorian Government is investing $2.1 million in the Inclusion Foundation’s Impact21 program, in a bid to provide more employment opportunities for people with disability. The Impact21 programme is the foundation’s response to the high unemployment rate for people living with disability, which is three times higher than the average unemployment rate in the State.

News: The Victorian Government’s ‘Sick Pay Guarantee’ will be trialled over the next two years and will cost local taxpayers $245.6 million before the financial burden will be placed on employers through a levy. The ‘Sick Pay Guarantee’ scheme will provide five days, or 38 hours, of paid sick or carer’s leave for workers, at the national minimum wage.

News: Rio Tinto is to provide 18 weeks of paid parental leave to employees, regardless of whether they are the primary or secondary caregiver.

News: The Western Australian Government’s new Work Health and Safety (WHS) laws began on 31 March. The McGowan Government said the new laws would recognise modern work relationships such as subcontractors and gig economy workers.

News: Western Australia’s Level 2 COVID-19 Business Assistance Package is a new, $72-million financial assistance programme that seeks to alleviate the burden on small businesses, large hospitality businesses, and commercial sporting franchises.

News: The Victorian Government is providing $400,000 to the Geelong Aboriginal Employment Taskforce in a bid to create employment and upskilling opportunities for Aboriginal Australians. The taskforce comprises a group of local Aboriginal employers, community representatives, groups, and businesses.

Managing Australia’s Skills Shortage

When border restrictions restricted the entry of skilled migrant workers into Australia, the supply of skilled labour shrunk considerably. On top of this, health issues and isolation requirements have had an enormous influence on our local workforce, leaving large gaps in many businesses.

Where, then, does that leave Australian businesses struggling to find skilled talent? Rather than admitting defeating, we believe employers should see the current skills shortage as a challenge rather than an insurmountable problem. With a little bit of lateral thinking and support from your HR Dept, the skills shortage can be addressed and resolved.

1. Redesign positions within your current workforce

If filling gaps in your business through traditional recruitment is difficult, consider shaking things up within your current workforce.

2. Utilise contract and freelance workers

Contract and freelance workers are more readily available, and can be employed in response to changing workflows.

3. Upskill your workforce

Investing in employee learning and development always leads to better business outcomes. In fact, 60% of CEOs believe a strong upskilling program positively impacts their company’s culture.

4.  Take recruitment risks

It sounds risky, but thinking outside the box when it comes to recruitment could yield great business success. In real terms, this means recruiting a “wildcard” candidate who, on paper, may not fit the recruitment criteria.

If nothing else, the COVID-19 pandemic has forced businesses to think differently about recruitment, with possibly exciting results. If you’d like to know more about recruiting during the current skills shortage, have a chat to the team at the HR Dept. We’re here to help.

My employee’s been called up for jury duty – Help!

Jury duty is a type of community-service leave. All employees, including casual employees, can take leave to attend jury selection and jury duty.

This leave time includes:

• The period of jury duty
• Reasonable travelling time
• Rest time immediately following jury duty

According to Fairwork, full-time and part-time employees have to be paid ‘make-up pay’ for the first 10 days of jury selection and jury duty.

Make-up pay is the difference between any jury-duty payment the employee receives from the court and the employee’s base pay rate for the ordinary hours they would have worked.

For instance, let’s say your employee goes on jury-duty leave for five days. Your employee provides evidence that shows he’s been paid $50 a day by the court. Your employee normally earns $180 per day, which means you need to pay the difference of $130 per day for the five days.

Please get in touch with the HR Dept for any additional advice or information.

Does your business need a culture reset

Company culture is the very essence of a business. Whilst it varies from one organisation to the next, it essentially brings company values to life, influences working atmosphere and provides a foundation upon which work and working relationships are built.

Toxic company culture can lead to reoccurring people problems: from bad behaviour, whether it’s bullying brushed off as banter, to rule breaking, or poor working habits like presenteeism.

Good company culture does the opposite. Encouraging collaboration, uniqueness, and structure for starters.

Professional HR advice is often sought as a reactive solution to a people problem. However effective HR can also be proactive in strategising a culture reset.

Leadership has a key role to play here. From demonstrating and protecting a positive culture to setting the right example for employees to do the same.

Additionally, policies and training can help to maintain that positive culture and provide guidance on what to do if things veer off track.

Why you should be asking your employees “how” they are doing

Continuous management of wellbeing within a workforce can be a simple and effective way to help keep your productivity and performance at a continually high standard.

To keep your business working well, it’s a good idea to familiarise yourself with the signs and symptoms of poor well-being. The following should raise a flag to check-in with an employee to see if they need support.

• Repeated mistakes
• Lack of focus
• Acting out of character
• Fatigue / low energy
• Increased absences

If you need advice and assistance on helping your employees, we’re only a phone call away.

Introduction: As the Omicron-variant of COVID-19 spreads across the country, employers are learning to adjust to a workforce that is constantly changing. Some workforces are returning to the office, while others have embraced a hybrid way of working. Employers are responding to vaccination mandates, isolation guidelines and the threat of illness in the workforce. HR is now, in 2022, more crucial than ever, as the employment goal posts change on an almost daily basis. As always, the HR Dept is here to help with any issues that arise in your business.

News: Delivery drivers in New South Wales are to be paid a minimum wage by their employers following a decision from the NSW Industrial Relations Commission. The ruling makes owner-drivers of vans with a carrying capacity between 1.5 and three tonnes eligible for the minimum rate of pay starting $27.83 an hour in March, before rising to $37.80 by July 2025.

News: WA’s Industrial Magistrate has imposed penalties against an employer who asked an employee to return the payment for entitlements due to the latter for underpayment.

News: A new bill has been read in the senate that would amend the Fair Work Act 2009, requiring the pay rate for certain labour-hire workers under modern awards to be “the same or greater” as directly employed workers.

News: A new labour reform gives Belgians the option to ask for a four-day work week trial with longer weekdays for six months, with the option to extend if the arrangement works for them.

News: Australia Post is set to appoint a chief mental health officer. The role of the chief mental health officer will be on the “development of evidence-based, practical and engaging organisational development solutions to drive continued improvement in workplace psychological health”.

News: New South Wales is to carry out a Women’s Economic Opportunities Review. The review will be conducted by the government and supported by an Expert Reference Panel. Sam Mostyn AO, president of Chief Executive Women, will chair the panel.

Managing Introverts and Extroverts in the workplace

They may not be as noticeable as other characteristics such as age, sex or race, but understanding personality traits is an important part of creating an effective team.

As with other forms of diversity, blending different personality types successfully into your business can give you a competitive advantage, not to mention enhance your workplace culture.

If your team does clash, it may be time to explore personality types and modify your management.

Extroverts get their energy from other people. They thrive on social contact, moving around, talking to people, being vocal in meetings, thinking on the fly, multi-tasking, making quick decisions and articulating their thoughts as they go along.

Speaking generally again, introverts prefer the quiet. They work better alone or in small groups and like to focus on one task at a time.

As the modern workplace often appears to suit extroverts, it may be that introverts in your business have adapted their behaviour to fit in. If so, this may be taking an emotional toll on them that goes unseen, because they mask it until they are home behind closed doors.

However you decide to recognise the personality traits of your team, here are some top tips for ongoing management:

• Design meetings with introverts in mind
• Coach your extroverts to listen to the introverts
• Make sure your workplace works for extroverts and introverts

If you would like some independent expert help in exploring how you can set up your business to get the most out of both introverts and extroverts, contact the HR Dept.

Aligning your people strategy with your company values

Company values are part of the foundations of your company culture, which help guide all staff in their decision making and behaviour, and connect the business with your customer base.

As long as your values are true to your business and resonate with a section of the talent pool, this may be the simplest part of aligning your values with your people strategy.

It is a matter of clearly communicating your company values in all the touchpoints that candidates may see, and then ensuring that your recruitment processes reflect the values as candidates progress through them.

By aligning your values with people strategy in this way, it should help you attract candidates who will be a good fit for your organisation and keep them engaged throughout the recruitment process.

If you would like help developing company values and people strategies, get in touch with your local HR Dept.

Is full disclosure reducing your recruiter prospects

Would you hire an ex-offender to work in your business? Perhaps you have never considered this before. In fact, your recruitment process might even be deciding for you by filtering out applicants with a criminal record. As such, you could be minimising your talent pool.

Some roles will understandably require criminal records to be disclosed and checked early on, to assess the nature of an offence in relation to the job that needs to be done. There are also roles where any unspent criminal conviction will be a bar to their employment.

However, if the role would not usually require a deep dive into someone’s background history, you could consider asking for criminal record history to be disclosed later in your recruitment process.

If hiring an ex-offender is something that you would like to explore further, The HR Dept can help guide you in the right direction.

Joining forces with your social media star

Could there be any positives to an overly social employee? Some businesses have found there are. Uploading her work life to TikTok, one supermarket employee has received more than a million streams. Her manager doesn’t seem to mind, and for the supermarket, it’s showing prospective recruits that fun can still be had when stacking shelves.

Budding social media stars might consider leaving to work for themselves. It can be a lucrative career! So if it’s an employee and skill that you’d like to keep in your business, why not see if you can join forces by adding a creative new element to their role?

Introduction: Across Australia, employers are struggling with the rise of the Omicron variant, as well as skill shortages, vaccine mandates and border controls. It’s not an easy time to manage a team of workers, but the HR Dept is here to help with any issues that may arise. Please get in touch if you need advice or assistance.

News: With Australia suffering a significant worker shortage, the Federal Government is planning to rebate the visa application fees of students and backpackers in a bid to entice more workers to the country

News: Two in five employers across the Asia Pacific are projecting salary increases for 2022, according to the latest Salary Budget Planning Survey Report by the Willis Towers Watson.

News: In Victoria, workers in emergency services, education, critical utilities, custodial facilities and all transport and freight sectors are now eligible for “the exemption to isolate” even after “close contact” with a COVID-19 case.

News: The Fair Work Commission has ruled over an unfair dismissal claim that questioned the legality of a government health direction. The employee was dismissed because he failed to comply with the Victorian Chief Health Officer’s vaccine mandate, saying the direction was “not lawful” because it was not an act of parliament.

News: In Victoria, employers and self-employed people are no longer required to notify WorkSafe if a COVID-19 positive worker attends their workplace.

News: The number of jobs available in Australia hit 396,000 in November 2021, according to the Australian Bureau of Statistics. November’s figures were 74% higher than the start of the pandemic, or equivalent to 169,000 more job openings.

News: The Fair Work Commission has ruled against the claim of HR advisor who was not allowed to work from home after requesting to do so. The employee intended to relocate and work remotely from Sydney, travelling to Queensland for in-person work as needed. The employer, a Queensland government body, argued this arrangement was not feasible in the long-term because she may be needed for face-to-face contact at short notice, and some HR tasks “would be very difficult to do remotely”.

Dealing with a Digital Grievance

Social-media channels have become the go-to platforms for venting frustrations, so much so that even the inner sanctum of the workplace can become public knowledge in a matter of seconds via a disgruntled employee with a penchant for posting.

If you’re less inclined to go public with your problems, it can be horrifying to find out that someone else has; especially if your business has been tagged, named, and shamed for all to see.

Even if you don’t use social media, other people do, and will. Rather than live in fear, however, of what an employee might be saying about your company online, your focus and attention is best spent on building and maintaining a safe and compliant workplace, reducing the risk of grievances altogether.

Good communication is crucial in your business. An employee with a grievance will typically try to raise issues internally first, and there is a procedure that needs to be followed. Usually, it is only if the proper reporting lines are lacking, or they feel ignored, that they will seek to vent their frustrations publicly.

Having a reliable process in place (that is known to all staff) for reporting any issues or concerns during the working day, helps to manage the process. It gives you the opportunity to understand areas of your business that might need improving, or could be damaging, whilst letting employees know that their input matters.

Dealing with a digital grievance can be stressful and time consuming for a small business. If you have questions about implementing best practice HR or a social media policy, call us today.

How Working From Home Led To Disability Discrimination

To support disabled employees, employers are expected to make reasonable adjustments that remove or reduce the effect of an employee’s disability so that they can do their job. Such adjustments should be positive. However, a recent employment tribunal has shown that this is not always the case.

IT Manager Mr Lawton worked on the fifth floor of a building and suffered from complex regional pain syndrome. He regularly used crutches around the office to help with his disability. Due to reoccurring issues with the lift, Mr Lawton asked if he could work from home when the lift was out of order.

From then on, Mr Lawton reported to being treated differently and unfavourably because of his disability.

Although Mr Lawton’s employer had made the adjustments in compliance with the Equality Act, the adjustments had been seen as a burden and the complainant treated unfavourably as a result.

If you have questions about the process, we’re here to help.

Beware The Banter In Your Business

Banter is defined as an exchange of light, playful teasing, and is also often accompanied by a declaration of “only joking”. However, as harmless as it sounds, it runs the risk of causing actual damage to a business and the people within it.

Banter is often used as a defence in employment tribunals concerning claims of discrimination, although it is rarely successful.

It’s unlikely you’ll be able to stop banter altogether in the workplace, especially when a joke or two can ease stress and contribute to a fun workplace. However, ensuring that employees have clear and open lines of communication with management to report their concerns is vital. An anti-banter policy offers protection, but it’s leadership that can make a real difference day-to-day by setting an example.

If you need help dealing with banter in your business, remember that we are here to help.

Embrace Inclusivity With Floating Leave

A truly inclusive initiative, floating leave enables employees to “swap out” an irrelevant public holiday for a day that is significant to them.

The Fair Work Ombudsman encourages all Australian employers to embrace floating leave, saying: “Recognising and embracing diversity in the workplace helps staff feel valued for their unique qualities, ideas and perspectives and extends to recognising that staff may wish to celebrate culturally important or religious days and events throughout the year. Some examples of cultural or religious holidays include Lunar New Year, Diwali, Ramadan and NAIDOC Week.”

By implementing floating leave, you’ll be well on the way to creating a truly inclusive and diverse workplace.

Introduction:With borders opening across the country, as well as the emergence of a new COVID-19 variant, and many people travelling over summer holidays, there’s an increased risk that your employees may become exposed to or infected with COVID-19 as we move into 2022. Make sure your workplace vaccination policies are up to date and you’re able to respond quickly to any outbreak.

News: Foreign students and skilled workers are now able to enter Australia for the first time since March 2020, subject to quarantine requirements in their state or territory of arrival. While the borders were initially set to reopen on December 1, the change was delayed amid concerns over the new Omicron variant.

News: A casual Census employee is suing the Australian Bureau of Statistics after allegedly being dismissed over a political social-media post.  The ABS claims the employee breached the organisation’s requirement for employees to remain apolitical, which was communicated to the employee via email. The employee has accused the ABS of breaching her general protections, in particular an employee’s right to express political opinion without repercussions from an employer.

News: All federal government offices in the United Arab Emirates will benefit from longer weekends starting January 2022. The Abu Dhabi Government Media Office has announced that the current Friday and Saturday weekend for government offices, including schools, will be moved to Saturday and Sunday, with Friday to become a half working day.

News: Amendments to migration law have been introduced in parliament to strengthen protections for migrant workers. The Migration Amendment (Protecting Migrant Workers) Bill 2021 will adopt key recommendations from the Migrant Workers’ Taskforce

News: Five million women aged 18 years and above had been a victim of sexual harassment in the past, according to the latest Personal Safety Survey (PSS) data, while 2.2 million men said they suffered the same. The new analysis of PSS data from the Australian Bureau of Statistics (ABS) revealed that 53% of women and 25% of men have been a victim of sexual harassment at least once in their lifetime.

Dealing with Forgetful Employees

Causes of forgetfulness are varied, and there are different ways in which it can crop up in your business. For example, if an ordinarily well-performing employee forgets something on occasion, it could be down to a busy schedule or a miscommunication on what needed to be done and when.

However, if this employee starts to forget things on a regular basis, there could be other factors at play that need investigating.

Then there’s the less-engaged employee, who may be pushing forgetfulness as an excuse for their lack of interest.

If forgetfulness is the result of carelessness that has not been resolved through performance management or training, it could be time to initiate disciplinary procedures. If you have reached this point and want to check that you have ticked all the boxes first, the HR Dept is here to help.

Collecting Vaccine-Status Info From Your Team

When collecting vaccination-status information, take into account these points:

• Vaccination-status information should only be acquired on a ‘need-to-know’ basis
• You must obtain consent where necessary
• You must inform employees about how their vaccination-status information will be handled
• Ensure you keep employee vaccination-status data secure

Obtaining Consent

If you have clear and justifiable reasons to be collecting vaccination-status data from employers, the first step is obtaining consent.

You can collect vaccination-status data without consent only in circumstances where the collection is legally required. This could include an Act of the Commonwealth, State or Territory, or public health orders or directions.

Australian Privacy Laws

Make sure you don’t breach Australian privacy laws when collecting information about workers’ vaccination status. The Privacy Act 1998 (Cth) (Privacy Act) and the Australian Privacy Principles (APP) apply the collection, usage, storage and disclosure of information relating to staff vaccination status.

Individual Healthcare Identifiers 

The Federal Government’s digital vaccine certificates include Individual Healthcare Identifiers (IHIs), which are unique identifying number. Because of the sensitive nature of IHIs, such information is subject to a higher standard of data security requirements.

So, where does that leave employers who are obligated to see proof of vaccination from their employees? A simple solution is to ask employees to remove their IHI number from their vaccine certificate before providing a copy to the employer.

Employers could also sight vaccine certificates (instead of storing them), recording the time, date, and staff member who sighted it.

Vaccination-status data collection is definitely a tricky issue for employers to understand and navigate. If you’d like assistance, please get in touch with the HR Dept.

Get Ready for the Great Resignation

The “Great Resignation” is set to hit Australian shores in March 2022. It seems there are three prime reasons behind the forthcoming “Great Resignation”, all of which have been triggered by the pandemic.

Employer malaise

During a downturn, employers often freeze recruitment, streamline staff numbers, reduce training spend and put a hold on pay increases. While employees may have understood such measures at the beginning of the pandemic, they have now become disillusioned.

Re-evaluation of priorities

The pandemic has prompted many people to re-evaluate what’s important to them. This has resulted in a workforce seeking “valuable” employment – jobs that make a difference and provide value in the community.

The desire for flexibility

The pandemic opened many employers’ eyes to the benefits of flexible and hybrid working.

If you’d like to advice on dealing with the forthcoming “Great Resignation”, have a chat to the team at the HR Dept.

Excuses, Excuses: Are You Challenging Them in Your Business?

When you are presented with an excuse, it’s helpful to ask open-ended questions to gather some more information. There could be a legitimate reason, and some adjustments may provide support.

From calling out a habitual excuser to sitting down in a disciplinary hearing, the process can be a pain and unfamiliar if you have never needed to do it before.

Our Advice Line is insured, meaning that if you follow our advice, you’re protected should a situation escalate to a Fair Work claim. Want more top tips on dealing with employee excuses? Call The HR Dept.

Introduction: It’s an interesting time for employers, as COVID-19 restrictions lift, workplaces reopen and the busy festive season approaches, meaning that unemployment levels are on the decline. On the other hand, many workplaces are implementing mandatory vaccination policies and coping with the resulting HR issues.

Fortunately, the HR Dept is on hand to help navigate these choppy waters. Get in touch to find out how we can help.

News: Australian wages have risen as hiring demand has seen a sharp increase, with Prime Minister Scott Morrison saying there has “never been a better time for business to hire”. According to a report from The Australian, more than 280,000 jobs will be available by the end of the year as employers go on a hiring spree sparked by the lifting of COVID-19 restrictions.

News: Around 50 employees at BHP have been stood down without pay after the firm’s vaccine mandate took effect in mid-November. BHP’s vaccine order states that employees must have their first shot of the COVID-19 vaccine by November 11, and then their second one by January 31.

News: A Tesla employee has filed a lawsuit against the company for “rampant sexual harassment,” defying an arbitration agreement with the firm that aims to keep workplace disputes out of court.

News: A new study led by the University of Sydney has found that 68% of women who returned to work following a miscarriage reported receiving no support or negative support from their HR departments.

Super Stapling – Are You Ready?

This month, Australian employers are adjusting to the new “super stapling” superannuation requirements, which came into play on November 1.

Super stapling replaced the existing default superannuation system, in which a new employee’s contributions were paid to a default super product selected by their employer.

Under the super stapling reforms, a new employer must pay contributions into the employee’s selected stapled fund, unless the member chooses for their contributions to go to a different fund.

What is super stapling, which was introduced on November 1 in Australia?

Announced in the 2020 Federal Budget, super stapling is aimed at tackling the problem of unintended multiple accounts. The ATO estimates there are approximately six million unintended multiple accounts in the super system charging $450 million in fees.

What do employers need to do?

Offer new employees, including contractors who are employees for superannuation purposes, a choice of super fund (https://www.ato.gov.au/Forms/Superannuation-(super)-standard-choice-form/) and pay their super the specified account. Most employees are eligible to choose what fund their super goes into.

If your new employee doesn’t choose a super fund, check whether they have a stapled fund with the ATO: https://www.ato.gov.au/Business/Super-for-employers/Setting-up-super-for-your-business/Offer-employees-a-choice-of-super-fund/Request-stapled-super-fund-details-for-employees/. If an employee has more than one fund, they will be automatically stapled to the one that has received a contribution most recently.

If your new employee has a stapled fund, pay their super into it. If they don’t, pay super into your business’s default fund or the fund named by the employee.

What about existing employees?

Th stapled fund rules only apply to new employees who commence work on or after 1 November 2021.

Do I need to comply?

Yes – you will be breaching Superannuation Guarantee obligations by not complying.

Can I offer superannuation advice?

You can’t provide recommendations or advice about super to your employees, unless you are licensed by the Australian Securities & Investments Commission (ASIC) to provide financial advice.

Keeping Christmas Parties Merry and Bright

As the festive season approaches, so too do the workplace Christmas parties and the associated risks, including:

• Sexual harassment
• Bullying
• Injury at the event or when travelling home

With these risks in mind, employers should let their employees know about expected standards of behaviour and have systems in place to prevent any issues arising.

Implement policies and procedures

Every company should already have a Sexual Harassment, Bullying and Discrimination Policy in place. Prior to hosting a Christmas party, check that this policy specifies points around the behaviour expected of employees at work functions, specifically around the excessive consumption of alcohol.

Prior to the Christmas party, email all employees to remind them of company policy and procedures. This email reminds employees of their obligations under the company’s policies and encourages them to be safe and responsible at the function. It also provides evidence that the employer took all reasonably practicable steps to prevent conduct in breach of its policies.

Protecting Your Business When Employees Leave

Employment contracts should always include a post-employment restraint of trade clause to restrict employees from working with clients or customers of the employer following termination of employment. These clauses are important in protecting a business, however it usually takes a breach by an employee for a company to examine its restraint clause, by which time the damage will probably already be done.

When defining your post-employment clause, keep in mind the fact that a restraint clause is void unless it is deemed reasonably necessary to protect the legitimate interests of the employer. The legitimate interests of a business will generally relate to confidential information, trade secrets and customer connections.

A restraint clause typically prevents an employee from:

• Contacting the employer’s clients for the purposes of selling goods or services or enticing the clients away from the employer
• Setting up a business competing with the employer’s business or working in a competitive business
• Poaching employees of the business

Look After Your Workforce With an EAP

More and more businesses are introducing Employee Assistance Programs (EAPs) in the workplace. EAPs are designed to enhance the emotional, psychological and general wellbeing of employees and their immediate family members, enabling early detection, identification and resolution of work and personal problems.

By introducing an EAP in your workplace, you’ll immediately begin to notice:

• Improved emotional wellbeing among employees
• Increased work morale and motivation
• Better work-life balance
• Less absenteeism
• Better working relationships
• Improved productivity

EAPs are well worth introducing in the workplace, with the benefits far outweighing the expenditure. If you would like further information on implementing an EAP, have a chat to the HR Dept.

Introduction: On 6 August 2021, Australia’s National Cabinet agreed to a four-step National Plan to transition Australia’s National COVID-19 Response from the pre-vaccination settings focused on continued suppression of community transmission, to post-vaccination settings focused on prevention of serious illness and fatalities, where the public health management of COVID-19 is consistent with other infectious diseases.
State and territory health agencies are continuing to issue public health orders across Australia, which require certain workers to be vaccinated against COVID-19. If public health orders are made in relation to your workers, you must follow them.
Information on public health directions in place in different jurisdictions can be found here: https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/other-resources/covid-19-public-health-orders

News: Western Australia is expanding the state’s vaccine mandate to a degree that Premier Mark McGowan said will “cover the majority of occupations and workforces within WA”.
In the latest announcement, McGowan confirmed the mandate will be enforced in phases.

News: The Federal Court of Australia has ruled acceptance of a 70-year-old candidate’s claim of unlawful discrimination, imposing a fine totalling $29,000. The case is a reminder for recruiters to be knowledgeable of their employment law obligations.

News: The gender pay gap is increasing – rather than shrinking – in Australia. While the increase is only 0.8 percentage points over the last six months, the pay gap figure of 14.2% is still disappointing to see. It means Australian women in 2021 have had to work about two months more, on average, to earn the same as men did last financial year.

News: A record number of Australians have more than one job, according to a report from the Australian Council of Trade Unions (ACTU). ACTU’s report revealed that 867,900 Australians have more two or more jobs, the highest since the Australian Bureau of Statistics began tallying in 1994.

Asking for a doctor’s note – the right way

National Employment Standards, under the Fair Work Act, state that an employee taking personal leave must, if required by their employer, provide evidence in support of the leave. This can be a doctor’s note or a statutory declaration – anything that provides “sufficient evidence” to convince a “reasonable person” that the employee was genuinely entitled to the sick leave. A statutory declaration, a letter or even an email can be enough to constitute “sufficient evidence”.

In general, employers rarely have to ask for evidence of sick leave, and employees rarely need to provide it. Most employers and employees abide by the system of sick leave fairly and reasonably, with an element of trust and understanding on both sides.

Occasionally, however, employers will feel the need to request a doctor’s note from an employee. As such, it’s important to have preordained workplace policies in place, to make asking for such a note fair and equitable across the entire workforce.
For example, your workplace policy may state that all absences need to be covered by a medical certificate or, alternatively, a medical certificate is only required if the absence is for three or more days. Introduce a comprehensive workplace policy and be aware that you do not have to pay sick leave if the employee fails to provide evidence.

Consider introducing a policy that addresses ongoing absences – for instance, if an employee is regularly taking single days of sick leave across many weeks. If there is an ongoing situation that indicates an issue with the employee’s long-term health, it is reasonable to request a doctor’s note for every absence and even a medical report, to make sure the employee is able to perform their job.
There is, of course, a fine line between employer concern and an employee bullying claim. In requesting a doctor’s note for every absence, an employee could allege the conduct constituted repeated unreasonable behaviour, thus satisfying the definition of “bullying” in the Fair Work Act. As such, clear workplace policies are absolutely essential.

Within these workplace policies, specify the importance of providing information regarding the medical condition. This may seem an invasion of privacy, but in fact, such information is essential in establishing whether your employee is able to perform their job, or what measures can be implemented to assist them in their role.

If an employee has an ongoing medical condition, it can be in the interest of both the employer and the employee to send them to an independent medical specialist who is able to assess their ability to perform everyday tasks. You can demand a detailed diagnosis, but you can request enough information to understand what your employee is able and unable to do at work.
By implementing workplace policies and building trusting, open and honest relationships across your team, the issue of sick leave should rarely become problematic.

Is hybrid working right for my business

Since COVID19, homeworking was a key focus for many businesses that needed to close their premises due to lockdown restrictions. As a result attention has turned to a different style of working. Google Trends shows us that interest in “hybrid working” has been rising steadily.
Queries rising for hybrid working is a reflection of the times we are living in.

After managing remote teams, employers are seeing the workplace in a whole new light. Does it fulfill the same need that it once did?
If the impending end to all pandemic restrictions has got you questioning how you’d like to manage your workforce moving forwards, the following may help you to decide.

What is hybrid working?

Hybrid working is a flexible style of working which involves both workplace attendance and remote working. Days spent working from home might be fixed or flexible depending on the needs of a business.
Hybrid working may also be commonly referred to as flexible working, due to the flexibility it offers on working location. Although flexible working can also refer to other elements such as flexi-time working hours.
Is hybrid working right for my business?

The pandemic forced many people into trialing home working for the first time. For some, it has increased productivity and well-being. For others, it has been a trying time with blurred lines between home and work.
A hybrid working model may be perceived as a way to achieve the best of both worlds. Wherein employees can attend the office when needed but also work remotely at times if suitable.

When deciding if hybrid working is right for your business, you’ll want to consider how it might affect the work that you need employees to do, as well as how they communicate and collaborate with each other.
Mental well-being of staff is another key factor here. Collecting data from your workforce on how they feel about returning to work, or a change in their working habits, can help to inform your decision making.
It’s worth noting that skipping this step can cause a disconnect and lead to a breakdown of trust. For example, just days after Apple CEO Tim Cook announced that all employees were expected to be back in the office by September (working some days remotely), a public response emerged from an internal employee group rejecting the plan and asking for a rethink.

Whilst the working model of your business is ultimately your decision, buy-in from employees is good for business. If you can’t please everyone, clear communication and explanation will help.
What are the pros and cons of hybrid working?
There are good and bad elements to a hybrid working model. You’ll want to weigh up the pros and cons when deciding if it can work for your business.

Cons
• Hybrid working may be fine for existing teams who know each other well, but integrating new workers can be a challenge when everyone is dispersed. Consider your inductions and how they may be affected.
• Gaps in communication can start to appear if there is no agreed plan for meetings. This can also impact collaboration and creativity. Homeworkers should physically attend a meeting or be dialed in to keep everyone in the loop.
• Your pre-COVID workspace, which already may have changed to become COVID-Secure, may need another overhaul to suit hybrid-working. Think fewer permanent desks, more collaboration spaces, and more than likely, increased access to technology. Can you make the switch?
• With employees coming and going at all sorts of times, it can be difficult to physically see if they are under pressure, either from work or personal circumstances.

Pros
• You may be able to save money by downsizing on your property. If employees will never all be there at the same time, do you need the same sized workplace that you did pre-pandemic?
• Flexibility in working style is a workplace benefit in high demand. It can be attractive to job seekers, improve job satisfaction and employee retention.
• It may increase productivity. When workers are given autonomy on their working location, they are more likely to be happier and thus more productive.
Help with going hybrid
If you want to make some changes to the way that your people work, give us a call. We’ll help you to navigate a shift to hybrid working that sees your business thrive.

Do’s and dont’s when interviewing for your business

Hiring can be both an exciting and trying time. You’re likely to be busy, hence the need for a new person, but you also want to make sure that you take the time to attract and select the right people for your business.
Similarly, job candidates are also going through a process of selection, and first impressions matter to them when seeking employment. As they are preparing to ace their next interview, you’ll also want to make sure that you or your hiring managers can operate a smooth process at your end. It’s not just candidates that can slip up during an interview.

From having the wrong CV, to keeping people waiting, asking personal questions, or even eating during the interview, all manner of horror stories have made it onto the Internet from candidates sharing their unfortunate experiences.
Holding a professional interview is not only vital for getting the right person, but it reduces the risk of discrimination and a claim against your business; plus it saves you from a potential PR nightmare.

Prepare your interview questions

Employment law applies from the moment you post a vacancy, and there are certain “do’s and don’ts” when it comes to interviews, particularly surrounding the questions that you ask. Are you confident that those recruiting for your business are following best practice?
A basic understanding of equality law is necessary to make sure that, however innocent, inappropriate questions are not asked during an interview.
The following characteristics are protected from discrimination under the Equality Act 2010, and questions on them should be avoided: Age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, pregnancy, and maternity.
For example, questions like: How old are you? Are you married? How old are the kids? Shouldn’t make the cut.
It’s also wise to steer clear of contentious subjects like politics or pressing too much for answers. Your questions should tell you enough but not too much. Your interviewee’s questions will tell you how much they have thought about the role. A top tip from us, avoid those who ask how much sick entitlement they get.
An interview gives you dedicated time with a candidate so that you can both discuss suitability for the role. To get the most out of this time, it is wise to do some interview prep to avoid repetition or missing out important questions. During this time, you want to find out if they have the right knowledge, skills and attitude to do the job. We always say that attitude is probably the most important.

Prepare the environment

Consider the location of your interview too. Does it give a good first impression of your business? If you’re interviewing virtually, are your background, lighting, camera angle and sound presenting you as you would wish?
Will you have stages of interviews and incorporate specific tasks or psychometrics to evaluate skills and ability? These elements need to be thought about well in advance to give you the best possible outcome.

Stay in the know

Along with knowing both the legal and best practice requirements of interviews, it’s also important to keep in mind that recruitment is different in 2021. COVID-19 pandemic has had an impact on the availability and needs of job seekers.
If you’re using the same hiring practices that you did three years ago and are not seeing results, it could be time for a review of your recruitment. Get in touch to find out about how we can help.

Understanding and preventing imposter syndrome as you bring staff back to work

Thanks to the continued easing of lockdown restrictions, many business owners are gearing up to bring staff back to work. Some already have done and find themselves navigating the post-lockdown workplace with new challenges for people management.

We often hear talk of getting “back to normal”, but question just how normal work can be after more than a year of the pandemic? Businesses and the people within them have changed.
Managers and team leaders may find that they need to adjust in order to support staff and help them reach their full potential, post lockdown.
A key area for consideration is that some staff may feel nervous to return, especially after a prolonged period of furlough, or if they are returning to a different role with new responsibilities.
This is understandable and nerves are to be expected after such a life changing event with much uncertainty. However, if they are left unaddressed, they can spiral and lead to complications.

What is Imposter Syndrome?

The impact of the pandemic on mental health is expected to outlast the presence of the virus. One such risk for managers to remain aware of, which can arise from periods of uncertainty, is Imposter Syndrome.
Imposter Syndrome is a debilitating condition that can leave capable, experienced employees second guessing their abilities. The self-doubt caused by Imposter Syndrome can make a person feel as though they are masquerading in their role. They imagine that at any moment they could be found out and exposed as a fraud, despite having a proven track record of success.
This can be very stressful. An employee with Imposter Syndrome may be experiencing anxious thoughts, they may agonise over mishaps, and their work and health can suffer as a result.

Why does Imposter Syndrome happen?

There are many complex factors that make up an individual’s susceptibility to Imposter Syndrome. From childhood upbringing to struggles with confidence or underrepresentation.
It can happen to almost anyone, although a higher presence of symptoms has been reported amongst high achievers and those from minority groups. Research tells us that women, LGBTQ+ and people of colour are more likely to be affected.
Time away from work, whether that be maternity leave or furlough, can also play a part.

Preventing Imposter Syndrome in the workplace

A positive to come from the past year is that stigmas surrounding mental health are dissolving.
Conversations around the importance of maintaining good mental health, in addition to good physical health, are becoming more common place.

A supportive, encouraging, and inclusive company culture can minimise feelings of isolation, which fuel an anxious mind. Whilst positioning failures as growth can help to tackle the unattainable perfectionism of Imposter Syndrome.
Admitting self-doubt in one’s own abilities at work can be a hard topic for employees to broach. However if they feel valued and know that your door is always open, they are more likely to open up and seek support.

Lastly, you may like to consider a training and development programme that acknowledges and celebrates milestones in learning. It can be helpful to remind employees of the knowledge they have gained during their time at your company.

Understanding and combatting Imposter Syndrome can lead to wider discussions about the well-being of your workforce. If you have doubts about how to proceed, remember that we are here to help.

Introduction: It continues to be a difficult time for Australian businesses, as COVID-19 lockdowns continue in many of our states and territories. As a result, the HR industry is more in need than ever before, working hard to look after employers and employees through lockdowns and beyond. As always, the HR Dept is here to help and advise on any of your employment issues.

News: Changes to employee superannuation fund choice rules.

From 1 November 2021, employers will need to undertake an extra step while onboarding new employees to comply with the choice of superannuation fund rules. Penalties may apply if the choice requirements are not met. Under current rules, when onboarding new employees, employers can add them to their default superannuation fund if the employee has not chosen a superannuation fund. Going forward, for any new employees starting from 1 November 2021, employers will be required to contact the Australian Taxation Office (ATO) if the employee has not chosen a fund and check whether the employee has a “stapled fund”. If the employee has a stapled fund, the employer will need to make contributions to that fund as opposed to the employer’s default superannuation fund.

News: COVID-19 Mandatory Vaccinations.

State and territory governments have made public health orders requiring certain workers to be vaccinated against COVID-19 in their state or territory. All employers, even when their employees have been vaccinated, have an obligation to minimise the risk of exposure to COVID-19 in the workplace.

News: Sexual Harassment Laws pass Parliament. The government amended the Bill to allow a two-month grace period for the Fair Work Commission to issue stop sexual harassment orders. It has never been more important for employers to review their current policies, procedures, training and other measures to prevent sexual harassment and review whether they are adequate.

News: Casual Conversion Laws. The new law provides organisations with a clear definition of what a casual employment arrangement is, guidelines for assessing and transitioning casual employees to full time employment and details how entitlement claims are managed following assessment/application of casual conversion.

Supervising Kids While Working From Home

As any working parent will testify, lockdowns are difficult. Juggling a job and parenthood is hard at the best of times, but when the two things are both happening at home, it becomes slightly more complicated.

For employees at a Sydney council, working from home was made even more difficult when they were made to sign declarations that they weren’t supervising their children while working.

Workers at Bayside Council received an email during the initial stage of Sydney’s citywide lockdown, declaring that “working from home and supervising home learning is not permitted”. The email said parents should make other arrangements for their children’s supervision or take annual or long-service leave.

Bayside Council’s actions raised important questions around entitlements for working parents during lockdowns. It is worth knowing, then, that under the Fair Work Act, employers can’t take an adverse action against employees because of family or caring responsibilities. Employees also can’t be discriminated against for having carer’s responsibilities under state anti-discrimination laws.

Realistically, working parents in the midst of a lockdown are going to have to juggle parenthood and employment. How can employers assist? How can you support your employees working from home with children while also helping them remain productive?

Offer support and understanding

A simple acknowledgement of the situation can mean a lot to a parent who is struggling to balance their job and their children. Empathise and offer a listening ear, assuring your employee that you understand the difficulties associated with working from home with kids.

Accept flexible schedules and interruptions

It’s unrealistic to expect working parents to clock in at 9am and clock off at 5pm. Their working day will most likely be fragmented. If, as an employer, you are able to offer employees the opportunity to work to a personalised schedule, it will be greatly appreciated.

Employers also need to understand that children will interrupt work calls, Zoom conferences and virtual meetings. Be tolerant and accepting of interruptions.

Lower expectations and amend productivity targets

It’s important to understand that some employees simply will not be able to meet KPIs while working from home with children. If you can amend productivity targets on a temporary basis, your employees will be extremely grateful (and keen to increase productivity when back to a normal working schedule).

Keep teamwork alive

Foster teamwork and a sense of community, even when staff are not physically able to come to work. Encourage employees to use Zoom chats and instant messaging platforms to stay in touch, check in on each other’s wellbeing and keep up a spirit of camaraderie. Working from home – with or without children – can be very lonely, so encourage a sense of community.

How to Remedy Remoteliness

You may have already come across the word “remoteliness”. As the word suggests, remoteliness is a feeling of loneliness experienced when working remotely. While remoteliness as a phenomenon has been present amongst workers for a while, it’s certainly been exacerbated by the pandemic and its associated work-from-home requirements.

Without the bustle of an office, people can begin to feel isolated and disconnected from their colleagues. When this continues for a long time – as it is in certain parts of Australia – it can have far-reaching health implications.

As with any type of loneliness, remoteliness health impacts may include depression, anxiety, low self-esteem, sleep problems and increased stress. Team members experiencing remoteliness may begin to find it increasingly difficult to communicate on any level, while rapidly losing enthusiasm and motivation for their work.

Managers, business owners and team leaders should be alert to signs of remoteliness among their remote workers – and put in measures to avoid team members suffering as a result of it. It sounds simple, of course, but in reality, how do you spot the signs in employees you don’t see in person from day to day?

Keep talking

You don’t need to arrange formal meetings about work schedules each day. It’s more about opening the lines of communication, to ensure members of your team are chatting, even informally. Encourage your team to use apps such as Slack or Google Teams to instant message each other; email can be very formal – it’s best to try and establish an informal chat group, where team members feel comfortable enough to chat and check in, even switching on the video function if they need a personal connection.

Check in with individual team members

We recommend that every manager has a weekly (or, at least, fortnightly) meeting with team members, one-on-one. If a face-to-face meeting in person isn’t possible, arrange to talk via Zoom or Google Teams, so you can still see each other’s facial expressions.

Spend quality time talking about challenges, struggles, achievements and goals, with team-based plans for the future. Include each team member in the business’ future goals, ensuring each individual feels like they’re “part” of something.

It’s been proven that one-on-ones are effective management tools that promote trust and productivity, as well as helping managers notice changes in behaviour (for instance, if an employee is tending towards remoteliness).

Get together in real life

When social-distancing measures allow, arrange in-person catch-ups for your whole team as regularly as you can. You’ll be amazed at the bonds that are formed when team members have an opportunity to socialise outside of a work environment.

Arrange mental-health support

Be proactive about supporting your team. Make a commitment to mental health in the workplace and offer education and training in mental health.

Let your team know that it’s okay to not be okay. Look at implementing counselling through an employee-assistance programme or corporate chaplaincy check-ins. Simple, proactive mental-health support measures go a long way in the workplace.

The Secrets of Employee Engagement

In these turbulent times, with employees switching between working from home and the office at the drop of a hat, keeping engagement high can be tricky.

Even before the pandemic, the cost of disengaged employees was becoming clear, with companies noticing a clear correlation between employee engagement, workplace turnover and employee productivity. In fact, research shows that disengaged employees make mistakes 60% more often than engaged employees do.

At the HR Dept, we believe it’s worth making an effort to keep employees engaged, whether they’re working at home or in the office. After all, engaged employees are more productive, more motivated, and less inclined to look for alternative employment!

But, how do you hit on that magic formula of employee engagement – especially when your team is working far from the office?

Ensure remote workers feel like part of the team

Just because an employee is working in solitude at home, doesn’t mean they’re not part of the team. Make an effort to bring your workforce together, even virtually. Arrange a virtual catch up or coffee break for the whole team – without any kind of work-related agenda.

Make sure your team isn’t just relying on email to communicate – there are plenty of instant messaging apps available, such as Slack, or Google Teams. The ability to have an instant “chat” with someone can really ensure your workers feel like part of a team.

Provide suitable technology and equipment

Ensure that all technology is set up in the office so that remote workers can easily dial in from home and instantly feel like part of the team.

Similarly, ensure your remote employees have access to the same equipment as your office workers – for instance, are they sitting in a straight-backed chair at the kitchen table to work, with no mouse? That’s not ideal!

Set achievable goals

Setting goals is an essential part of keeping your employees engaged in their role whilst they

work remotely. Not only does it allow for accountability and professional growth, making

ambitious goals can keep your team feeling motivated and valued.

Communicate often

Stay in touch with the whole team, wherever they are. What are they working on? What are they struggling with? Is there anything you can help with? Check in regularly to ensure everyone is feeling motivated and productive.

Prioritise mental health

Make it known that your company is focused on employee mental health – encourage mental-health days, flexible work schedules, and access to mental-health initiatives. Foster a culture of communication and openness, where team members feel they can be honest about their mental health.

Offer rewards and recognition

A pat on the back (even a virtual one!) for a job or task well done can work wonders for employee motivation. You might be surprised!

Face Masks – What You Need to Know

As the pandemic continues to impact lives across Australia, we’re all becoming increasingly used to wearing a face mask.

However, wearing a mask at work throws up a few questions. Is it compulsory? Should the employer supply the masks?

Of course, mask-wearing requirements change from State to State and day to day. While we can’t offer you a definitive guide, we can try and navigate the rules and regulations, depending on your State’s current COVID restrictions and regulations. It’s important that you keep up-to-date with the recommendations and directions and ensure that these are followed at your workplace.

The Australian Government Department of Health has published information on when masks should be worn in the community in Australia and general COVID-19 information on face masks and who should use them.

So, let’s say your State is currently under COVID restrictions, with compulsory mask-wearing. Where does that leave you as an employer of workers who are still coming into work each day?

The short answer is – your employees need to wear a mask. Employers must take all reasonable steps to ensure that their employees wear a fitted face mask when at work, in accordance with occupational health and safety laws.

Employees must be aware that their employers cannot force them to wear a mask if they have a medical condition preventing them from doing so. Accordingly, if an employee is dismissed in such circumstances, they may be entitled to bring a claim in the Fair Work Commission.

Here’s what else you need to know about masks at work:

As an employer, you must provide appropriate training and instruction on how to put on, wear, remove and dispose of the mask.

As well as masks, it is also important to encourage good hand hygiene and physical distancing of 1.5m between workers.

Single-use surgical masks or properly constructed cloth masks may be used.

Masks need to be replaced frequently and stored correctly, in accordance with the manufacturer’s instructions.

Ensure that appropriate facilities are provided, including hand-washing facilities and a closed bin to dispose of used masks.

Importantly, talk to your employees. Let them know what measures are in place to protect them and their colleagues, and why you’re enforcing them. Encourage correct usage and additional precautionary measures. Work as a team to combat COVID-19.

As much of Australia continues to endure a COVID-enforced lockdown, the subject of employee vaccination is one that is very much in the news. Some Australian employers have taken measures to make vaccination compulsory, while others are offering incentives to encourage vaccination. If you’re unsure how to best manage vaccination in the workplace, have a chat to the team at the HR Dept. We can help you navigate this complex issue!

News: The Greater Sydney lockdown has been extended until the end of September. Curfews have also been introduced in the Local Government Areas of concern, meaning residents cannot leave their house between 9pm and 5am, unless for a permitted reason, and exercise is limited to one hour per day. Masks must also be worn outdoors across all of NSW – except during exercise.

News: Food manufacturer SPC has made it compulsory for all employees to be vaccinated against COVID-19. From the end of October, the fruit packing and canning company, based in Victoria, will ban all unvaccinated employees from going on site.

News: Qantas has announced that all frontline workers will need to be vaccinated against COVID-19 from November. Frontline employees – including cabin crew, pilots and airport workers – will need to be fully vaccinated by 15 November 2021 and the remainder of employees by 31 March 2022.

News: Telstra is giving $200 to employees who have already received and are booked to receive their COVID vaccinations. The cash incentive falls under the company’s internal “Appreciate points” rewards programme, where every point is equal to $1. The incentive is part Telstra’s push to get its staff vaccinated against the virus, in addition to the paid leave employees are entitled to when they get the vaccine and/or experience side effects.

News: Intel is offering a $250 cash bonus, as well as an additional $100 in food vouchers, to staff who have received their COVID vaccinations.

News: Vistaprint staff now have the option to work remotely on a permanent basis, as the company has found productivity is not impacted by a worker’s presence in or out of the office.

Creating a Truly Inclusive Workplace

The presence of allies in the workplace helps reduce this bias and negativity, making an LGBTQIA+ individual feel welcomed and supported. Your role, as an employer, is to create a culture of allies in the workplace, where all employees are treated equally, regardless of their identity.
It’s worth noting, however, that there’s a difference between active and passive allies. A passive ally may support and acknowledge LGBTQIA+ inclusion but stop short of standing up and speaking out. We need active allies in the workplace, openly supporting marginalised groups. The more visible the active ally in the workplace, the greater the sense of inclusion.
Your goal in the workplace should be to create an environment of inclusion, equality and respect, where all people feel comfortable expressing their identity. Do this by:
• Never ask or assume someone’s identity. Let the person share this information when they’re ready. They may never “come out” – that’s okay. Just let people “be”, treating them as the individuals they are.
• Use gender-neutral language around the workplace. Avoid terms such as “policeman”, “mankind”, “manpower” and “air hostess”, for instance. Don’t know if your language has a gender bias? Use this helpful tip from the United Nations: ‘Reverse the gender: Would reversing the designation or the term from masculine to feminine or vice versa change the meaning or emphasis of the sentence? Would it make the sentence sound odd?’
• Get to know people who identify as LGBTQIA+. Read up on LGBTQIA+. Watch movies and listen to podcasts. Immerse yourself in the culture.
• Call out homophobia, transphobia or queerphobia whenever it arises.

Filling the Gaps on the Skills-Shortage List

Last month, an additional 22 occupations were added to Australia’s Priority Migration Skilled Occupations List (PMSOL). The PMSOL, first announced in September 2020, is developed in conjunction with the National Skills Commission to ensure a small number of critical occupations are filled to continue to create Australian jobs and aid in Australia’s ongoing recovery from the impact of COVID-19. The addition of 22 occupations brings the PMSOL to 41 in total.

The 22 new occupations are (including ANZSCO codes):
• Accountant (General) (221111)
• Accountant (Taxation) (221113)
• Accountant (Management) (221112)
• External Auditor (221213)
• Internal Auditor (221214)
• Electrical Engineer (233311)
• Civil Engineer (233211)
• Structural Engineer (233214)
• Geotechnical Engineer (233212)
• Transport Engineer (233215)
• Mining Engineer (233611)
• Petroleum Engineer (233612)
• Surveyor (232212)
• Cartographer (232213)
• Other Spatial Scientist (232214)
• Medical Laboratory Scientist (234611)
• Orthotist / Prosthetist (251912)
• Multimedia Specialist (261211)
• Analyst Programmer (261311)
• Software and Applications Programmers (261399)
• ICT Security Specialist (262112)
• Chef (351311)

Social Media Snooping

As social media becomes more common, so too does the ethical debate surrounding the topic, particularly with regards to recruitment. Social media profiles can tell a recruiter how old someone is, about their religious beliefs, or their sexual orientation. These are all protected characteristics, which could land an employer in a tribunal if they were to become the basis of discrimination.
The more personal details available to recruiters about an applicant, the greater the impact of unconscious bias on your recruitment pipeline. This, ultimately, affects the diversity of your workforce.
There are much better ways to get the information you need to make the right recruitment decisions: properly structured interviewing and personality profiling to name just two. The HR Dept can help you employ the right methods to employ the right people.

Devastating Impacts Extreme Weather

What should employers do if extreme weather conditions are forecast?
• Warn employees that transport lines may be affected, roads may not be fully gritted and that naturally the traffic is going to slow down, so allow plenty of time to get into work.
• Raise awareness as to what employees should do if they can’t get to work.
• Communicate to your staff that unauthorised absences (as usual) won’t be tolerated.
• Inform your staff that they could take annual leave if they feel they can’t safely get in.
• Consider some basic business-continuity planning.

It continues to be a difficult time for Australian businesses, as COVID-19 restrictions impact on many of our states and territories. As a result, the HR industry is more in need than ever before, working hard to look after employers and employees through lockdowns and beyond. As always, the HR Dept is here to help and advise on any of your employment issues.

News: Small and medium-sized businesses in New South Wales will be eligible for cash payments of up to $10,000, and lockdown-impacted workers will receive between $375 and $600 per week in an escalation of support measures as COVID-19 lockdowns continue.

News: COVID-19 vaccinations could begin in Australian workplaces in the next two months. Business groups met with treasurer Josh Frydenberg in early July to discuss plans for employers to follow a model similar to workplace flu vaccinations. Cooperative businesses could help speed up the rollout of the Pfizer vaccine.

News: Trials of a four-day work week in Iceland have been declared an “overwhelming success,” with research showing that the shorter week helped increase productivity and lead to an improvement in workers’ wellbeing. The trials were run by the Reykjavik City Council and the Icelandic government between 2015 and 2019.

News: KPMG has announced a new equal-paid parental leave scheme that offers 26 weeks for both primary and secondary carers. The new policy is a dramatic increase on the previous 18-week allowance for primary carers, removing labels, tenure guidelines and waiting periods. The gender-neutral policy is an industry-leader, going above that offered by most big businesses.

Apprenticeships Can Give Your Business a Boost

Apprenticeships are central components of the vocational education and training system in Australia. They can be full time, part time or school based. School-based apprenticeships are available for secondary school students who get on-the-job training towards a formal qualification while still completing their school studies.

Benefits for an apprentice include hands-on experience as they learn a clear route to career progression, and study time which is allocated within their working week. There are many benefits for employers operating apprenticeship programmes.

Hiring an apprentice or upskilling an existing employee through an apprenticeship scheme is a great way to nurture those who are keen to learn whilst growing a skilled and qualified workforce.

Employers can also be eligible for financial assistance from the Australian Government, which can be of great financial value to a business.

The current Australian Apprenticeships Incentives Program (AAIP) will be replaced with a new, simplified and streamlined incentives program for employers of apprentices and trainees. The Incentives for Australian Apprenticeships (IAA) will commence 1^st of October 2021.

Much like any new employee joining your company, an apprentice should receive a thorough induction. This should provide them with an introduction to the business, important processes such as how to request holiday or report sickness, who they will be working with, who they report to and how they will access their training material and safety requirements.

Beyond the induction, your apprentice is going to need ongoing support from their co-workers and management. A mentor plays a crucial role in the development of an apprentice. Think about who is best suited to this role and how you can support them.

Are Your Pre-Employment Checks Breaching Privacy Laws?

While it’s true that employers are entitled to conduct pre-employment checks, it’s important that these checks are done carefully and in line with Australian laws. By not paying attention to potential privacy invasions, employers run the risk of falling foul of both the Australian Privacy Act as well as the Fair Work Act.

Such dramatic legal issues can be easily avoided if employers handle pre-employment screenings carefully, sensitively and confidentially. Ideally, pre-employment screening requirements will already be listed in the job description or employment contract.

It’s also important that pre-employment checks directly relate to the role and to the job description. As the Privacy Act states, information can only be collected if it is “reasonably necessary for one or more of the entity’s functions or activities”.

In other words, there must be a reason for requiring the disclosure of certain information, as it relates to the performance of the advertised position.

Don’t Be Caught Out: Check Your Employee Contracts!

A recent decision from the Fair Work Commission highlighted the fact that a workplace dismissal may occur even in situations where an employer did not sever the employment relationship, and where an employee continues to perform the same roles and duties.

Altering an employee’s employment conditions may result in their unfair dismissal – as occurred here, when the Fair Work Commission ruled in favour of an employee who filed for unfair dismissal after his employer changed his contractual benefits by taking away his company car.

Although the employee was not dismissed from his role, the original employment contract was called into question. Therefore, the employee filed for unfair dismissal.

This is a case of repudiation of a contract – and a timely reminder to check employment contracts and ensure benefits are discretionary.

The employee was told he could use the car for ‘limited personal use’ in his initial job offer. This was reinforced in the handover document he was asked to sign when given the keys.

By removing the employee’s contractual benefit and not financially reimbursing him, the employer failed to uphold its end of the contract.

How Inclusivity Helps With Workplace Mental Health

Whilst anyone can suffer from poor mental health, studies show that inequality and discrimination pose an increased threat. Those who come from ethnic minority backgrounds, identify as LGBTQ+ or have low socioeconomic status, may be at a higher risk of developing mental health problems.

With a significant proportion of daily life being spent at work, the workplace has an important part to play in making a positive difference.

Employers have a duty of care to manage and maintain the health and safety of their staff. This includes assessing stress-related risks to protect workplace mental health.

In the news: A recent decision from the Fair Work Commission highlighted the fact that a workplace dismissal may occur even in situations where an employer did not sever the employment relationship, and where an employee continues to perform the same roles and duties. Altering an employee’s fundamental employment conditions may give rise to their dismissal – as occurred in this recent Fair Work case, in which an employee’s access to a company vehicle was revoked.

In the news: Prince Harry is breaking new ground by taking five months paternity leave to care for his new daughter. The Duke of Sussex works as chief impact officer of mental health and life coaching company BetterUp, and runs the Archewell foundation with Meghan. Both organisations offer paid parental leave, with Archewell providing up to 20 weeks of the benefit to fathers and mothers.

In the news: New guidelines from Australia’s medicine regulator will give companies the freedom to incentivise and advertise their own COVID-19 vaccination programmes. “Businesses can now supplement Government public health campaigns through offers of practical support (including rewards) that encourage Australians to be vaccinated,” the TGA said.
Incentives can come in the form of cash, gift cards, vouchers and other similar perks, with the exception of liquor and tobacco products. The rewards may be given to a class of recipients, such as employees and their family members, or to members of the community.

In the news: Melbourne workers who lost their jobs due to the lockdown extension will be eligible for up to $500 in payout as part of the Federal Government’s financial support package. The temporary COVID disaster payment will also be made available to other States declared a commonwealth hotspot if lockdowns exceed seven days.

In the news: New research shows almost half of Australian businesses say they are reluctant to recruit older workers. The research surveyed 604 human resources professionals and business leaders, with 46.7% of respondents saying their organisation would be reluctant to recruit workers over a certain age, although the specific age barrier varied among respondents.

When Is the Right Time to Hire My First Employee?

If you have reached the stage where you are consistently busy, it’s possible you have considered hiring someone to share the load. But the process of recruiting and training an employee has put you off. It requires time that you don’t have to spare.

Then there’s the risk of it not working out. Trusting your business in the hands of someone new can feel like taking a huge leap of faith.

Although it may seem like a task you don’t have the time for, hiring staff may be an essential step for your business. With the right strategy in place, your first employee can make the difference between you being able to maintain and maximise business. Knowing when it’s the right time to hire your first employee can feel like a difficult decision to make. But asking yourself the following questions can help.

• Are you turning down work due to a lack of resource?
• Is there enough work for another person to undertake part or full time?
• Is it within your budget to hire someone?
• Are you ready for the commitment?

If you answered yes to all four questions, it could be time to start mapping out a role and responsibilities for your first employee. But if you answered no to all of the above, we would suggest postponing your expansion plans for now. Make sure you have the demand and means necessary to bring someone on board. If you had a mixture of yes and no answers, consider a review of your business forecast. You might not be ready to hire just yet, but it always helps to plan.

Five Reasons Why It Pays to Have Difficult Conversations With Employees

People deal with stress differently. Some will confront it and try to overcome it immediately; others prefer to step away and avoid it altogether. It’s an instinct created by an acute stress response known as “fight or flight”.
Here are five reasons why it pays to have difficult conversations with employees when required.

• Reason one – It clears up misunderstandings.
• Reason two – It reminds employees of the way things are done.
• Reason three – It provides an opportunity to move forwards.
• Reason four – It builds essential skills.
• Reason five – It protects your business

If it was a choice between a difficult conversation and a Fair Work claim, we know which we would choose.
Dealing with employee problems when they arise can help to resolve them early on and prevent escalation. We hope that you never have to face Fair Work and we provide local and personal HR support to try and prevent such occurrences.

The Fair Work Act has been amended to include a new definition of a casual employees

A person is a casual employee if they accept a job offer from an employer knowing that there is no firm advance commitment to ongoing work with an agreed pattern of work. Once employed as a casual, an employee will continue to be a casual employee until they become a permanent employee through:

• • Casual conversion
  • Being offered and accepting full-time or part-time employment
  • They stop being employed by the employer

Employers now need to give every new casual employee a Casual Employment Information Statement (the CEIS) before, or as soon as possible after, they start their new job.
Small-business employers need to give their existing casual employees a copy of the CEIS as soon as possible, as it came into play on March 27. Other employers have to give their existing casual employees a copy of the CEIS as soon as possible after 27 September 2021.

Australia’s national minimum wage increased by 2.5 per cent

The Fair Work Commission has announced a 2.5% increase in the minimum wage and related award minimum wages. The minimum wage has been increased to $20.33 per hour, taking the minimum wage for Australia’s lowest-paid workers to $20.33 an hour, or $772.60 a week for full-time workers.

It will mean an extra $18.80 a week for Australia’s lowest-paid full-time workers. The increase is below typical 3-3.5% minimum wage rises and includes no “catch up” for last year’s COVID-reduced increase of 1.75%.

It seems all anyone is talking about at the moment is the Australian Government’s recent Federal Budget – and its implications for small to medium Australian businesses.

Here’s our round-up of the key HR issues in the 2021 budget:

• A 12-month extension of the rules that allow most businesses turning over less than $5 billion to deduct or “expense” the full cost of assets they purchase, no matter how much those assets cost.
• Businesses can “carry back” economic losses they made as a result of COVID to bring down their profits in pre-COVID years.
• The Government has committed to investing $20.5 million into the implementation of the Respect@Work report recommendations.
• Families with two or more children will be able to claim up to 95% in subsidies from July 2022, depending on their income. The annual cap on childcare payments will be removed for all families. The increased childcare subsidies will benefit employers who need higher workforce participation from women.
• $2.7 billion will go to expanding wage subsidies for businesses that take on newly commencing trainees and apprentices. Any business that takes on a trainee or apprentice before 31 March 2022 can now claim a 50% subsidy for 12 months. Payments are capped at $7,000 per quarter, per trainee.
• The JobTrainer fund will receive a $500 million boost over two years, funding 33,800 training places in aged care and 10,000 spots in digital services. In addition, $43.8 million has been allocated to a cyber security skills partnership innovation fund to bolster employee skills in various sectors and over 230 scholarships will be created to get more talent into emerging tech industries.
• The Superannuation Guarantee (SG) is legislated to increase half a per cent a year before reaching a final value of 12% by 2025. This means the SG rate will increase to 10% from July 1, 2021, and rise by 0.5% per year thereafter.
• Removal of the $450 minimum income threshold under which employees do not have Superannuation Guarantee (SG) paid by their employer.

As mentioned above, the 2021 Federal Budget saw significant changes to the Superannuation Guarantee (SG), which – when legislated – will have implications for many businesses in Australia.

Superannuation Guarantee is the proportion of wages that employers must contribute to their workers’ retirement savings and, as an employer, it’s important to stay abreast of any legislative changes.
With the removal of the $450 minimum threshold, about 300,000 part-time workers (around 3% of employees) — mostly women — will receive SG. For the first time, regardless of how much a person earns, they will be entitled to employer-paid superannuation.
The plan won’t come into force until the first financial year after Parliament approves the legislation. The Government expects that this will occur before July 2022.
When the compulsory SG contribution level is increased to 10% on July 1, you’ll need to adjust your payroll systems to pay the increased amount to your eligible employees.
If you don’t pay the correct rate of SG into your employees’ super accounts by the quarterly due date, you may have to pay the Superannuation Guarantee Charge. This ATO penalty for late or inaccurate payment includes all the SG amounts owing to an employee, plus interest and an administration fee. You will also need to report and rectify any missed payments by lodging an SG Statement with the ATO.
If you would like assistance with employer-paid superannuation, please get in touch with the HR Dept. We can help put efficient systems in place that will minimise the impact of any legislative changes.

Occasionally, an employee may be unable to return to work, or be unable to resume full duties.

Situations such as these require careful handling in order to prevent the employee filing for disability discrimination. As always, the HR Dept can help put systems in places to prevent such cases arising.
Unlike workers’ compensation claims, in which an employee has suffered a work-related injury or illness, there is no legal obligation for an employee to accommodate an ill or injured employee by providing them with alternative duties. However, this is where anti-discrimination legislation comes into play – employers must make reasonable attempts to accommodate an employee during their illness or injury, unless to do so would constitute an unjustifiable hardship for the employer.
It’s also unlawful to dismiss an employee due to illness or injury if they have been absent for three months or fewer (or during a period of paid personal leave).

For businesses looking to retain top employees and achieve commercial success, salary reviews are imperative, and should be conducted regularly.

Salary reviews provide the following benefits:
• They enable companies to pay fairly and competitively
• They identify and rectify any pay gaps that may exist within your company
• Underpayments and overpayments can be detected and adjusted
• Your company is seen as a top recruiter to attract the best talent
• Cost associated with employee turnover are reduced. Traditionally, these are much higher than the cost of reviewing and adjusting employee salaries
• Your employees feel valued and appreciated
By regularly undertaking salary reviews, companies are able to stay competitive, attracting and retaining top talent, while also maintaining cost efficiencies and ensuring a positive company culture.
Determining a fair and equitable salary that’s personally tailored to the individual employee can be difficult, even with these detailed salary-review processes in place. For assistance with salary reviews, get in touch with the HR Dept

The majority of Australian employers know the importance of workers’ compensation, and most have workers’ compensation insurance in place, should a claim arise in their workplace.

Workers’ compensation insurance protects your business from financial costs when a worker sustains a work-related injury or disease. It also protects injured workers by providing weekly payments to cover loss of earning capacity, payment of reasonable medical and rehabilitation expenses, and other entitlements. When choosing a workers’ compensation insurance policy, ensure it provides adequate cover – have a chat the HR Dept if you’d like assistance.

As winter looms, the reality of life without JobKeeper becomes a reality for many businesses. Although new unemployment figures from the Australian Bureau of Statistics show another drop in the number of people out of work, we won’t truly know the impact of the end of JobKeeper for another month or so. As always, the HR Dept is here to assist businesses who may be adjusting to this “new normal” by considering redundancies, a reduction of staff hours and employing casual rather than permanent employees.

News: Data from the Australian Bureau of Statistics has shown a 0.2% drop in the unemployment rate, down to 5.6%. The youth unemployment rate also decreased to 11.8%. Between February and March this year, the number of people employed rose by 70,000 to reach 13,077,600.

The proportion of women employed was the highest it’s ever been, at 58.5%, while the proportion of men employed remained slightly lower than before the pandemic, at 66.8%.

News: Anthem is the first health insurer to reward employees for getting the COVID-19 vaccine, with vaccinated employees receiving a one-time credit toward medical premiums. Anthem is the latest company to incentivise vaccination for its employees. Target said in February that it would give up to four hours’ pay to frontline and essential employees who get vaccinated.

News: Australian retail superannuation fund Future Super has introduced a menstrual and menopause leave policy for employees. When suffering from menstrual or menopause symptoms, staff at Future Super will be able to take up to six days of leave a year in addition to their sick-leave allowance.

The policy guidelines also allow employees to work in a way that may help alleviate symptoms, whether working from home or in a quiet space in the office. The policy aims to remove the stigma or taboo about periods and menopause. Leigh Dunlop, chief operating officer at Future Super, said it was unfair for female employees to have to use their sick leave or holiday allowance to cope with symptoms.

Preventing Harassment and Bullying in the Workplace

The Federal Government has agreed to strengthen legislation to tackle workplace sexual harassment. After sustained backlash from campaigners, PM Scott Morrison has agreed to take action, saying the Government would agree to all 55 recommendations from the Respect@Work report, which was published earlier this year.

In the report, the Australian Human Rights Commission acknowledged the critical need for all levels of government, employers, industry groups, workers and unions to work together to achieve more respectful and productive workplaces.

Employers can begin by implementing these policies:

• Establish a zero-tolerance policy. Working with the HR Dept and your legal team, if you have one, draw up an anti-workplace harassment and anti-discrimination policy covering all employees.
• Regularly consult with employees to discover if bullying is occurring or if there are factors likely to increase the risk of workplace bullying.
• Build a workplace where harassment and bullying are unlikely to take place. Make it clear that demeaning or intimidating actions will not be tolerated and will be called out.
• Offer training to your staff. Some employees may not even realise what constitutes “bullying and harassment”. Regular training for the entire team is essential in conveying the right messages and guidelines. Provide information and training on workplace bullying policies and procedures, available support and assistance, and how to prevent and respond to workplace bullying.
• Train managers and supervisors to recognise situations that can foster bullying and harassment and how to handle these situations when they occur.
• Implement workplace bullying and harassment reporting and response procedures. Ensure everyone understands the process for reporting a complaint. Make sure everyone understands that each complaint will be heard and investigated.

What Your Start-Up Needs to Know About HR

Typically, start-ups with strong HR policies and practices are better positioned to attract and retain employees, which can only be a good thing for business growth. Having HR policies and procedures in place will ensure that:

1. The right employees are selected and recruited.
2. Your business is compliant with Australian awards and employment standards, especially with regards to overtime and penalty rates, annual leave, allowances and meal break provisions.
3. Employment contracts are compliant with any changes to Australian law and the National Employment Standards.
4. Employees are fairly compensated.
5. Employees are performance managed.
6. Workplace policy manuals and codes of conduct are in place.
7. Training programs are implemented.
8. Your workplace culture is positive and inclusive

The HR Dept can step in early on to put these policies and procedures in place and keep things ticking over smoothly as your start-up grows.

Performance Appraisals For Small Businesses

When done right, performance appraisals can be hugely beneficial to both employers and employees. Performance appraisals can align managers and staff, helping build the team and ensuring everyone is working towards a common goal. In a small business, this is invaluable.

Performance appraisals provide your employees with the opportunity to sit down with you, as their manager, to discuss their role in the business, openly and honestly. It’s a chance to acknowledge accomplishments and challenges and establish a clear strategy for achieving future goals.

The best performance appraisals offer positive feedback and advice for improvement, resulting in better relationships between managers and employers, increased job satisfaction and an improved sense of loyalty toward the company. All of these lead to higher productivity among employees, which improves business outcomes.

If you’d like assistance conducting performance appraisals at your small business, get in touch with the HR Dept. We can help!

Should I Hire a Part-Time, Full-Time or a Casual Employee?

Determining how to employ workers can be difficult: should you employ staff on a permanent or casual basis? What works best for the employee and – importantly – what works best for the employer?

To begin with, it helps to have a good understanding of the difference between permanent and casual roles, and of the National Employment Standards, which apply to part-time and full-time employees. Some of these standards also apply to casual workers.

Permanent employees

Part-time employees are entitled to similar benefits as full-time employees, such as sick leave and annual leave, but on a pro-rata basis, as they work less than the full-time loading of 38 hours per week. Just like permanent full-time staff, part-time employees are entitled to termination notices and redundancy periods.

Casual employees

Generally paid by the hour or by the day, casual employees don’t usually have regular or guaranteed hours of work. They don’t receive entitlements such as annual leave and personal leave but are paid more (called “casual loading”) to compensate for the lack of benefits and the general insecurity of their position. Under modern awards the casual loading is usually around 25%, however they may also receive a higher rate of pay for work on weekends or outside normal business hours.

As the weather starts to cool down, it’s time for many workplaces to take stock. This is especially pertinent as JobKeeper came to its official end on March 28, 2021. With the loss of the JobKeeper safety net, many businesses will need to reassess their workforce requirements, with HR departments needing to be fully aware of the legalities around restructuring the workforce post-JobKeeper. If you’re unsure about your rights and responsibilities as an employer, or just want to make sure you’re doing the right thing by your employees, then have a chat to the HR Dept.

News: In human resources news from around the world, Spain is set to become one of the first countries in the world to trial a four-day working week.

The four-day week is an optional initiative and it’s open to all companies who are willing to take part. While specific details are yet to be confirmed, companies that trial the scheme will reportedly have costs covered at 100 per cent for the first year, falling to 50 percent for the second year and 33 per cent for the third. We’ll be watching this develop with interest!

News: New research by Qualtrics revealed that the top driver of employee engagement has changed over the last 12 months.

In previous surveys, confidence in senior leadership and their ability to give employees a clear direction of where the company is heading has come out on top. But Qualtrics’ latest employee experience trends indicated that after the pandemic, employees’ sense of belonging has become the biggest driver of engagement.

News: From 1 July 2021, the Superannuation Guarantee is increasing from 9.5% to 10%.

In coming years, superannuation rates are set to increase as follows:

1 July 2021 – 30 June 2022 = 10%
1 July 2022 – 30 June 2023 = 10.5%
1 July 2023 – 30 June 2024 = 11%
1 July 2024 – 30 June 2025 = 11.5%
1 July 2025 – 30 June 2026 = 12%

Employers should budget for these increases, which may coincide with wage increases. The existing eligibility requirements for superannuation payments to employees still apply.

Formalising an Employee’s Position? Here’s What You Need to Know.

Formalising an employee’s position can seem a daunting process, especially when faced with terms such as contracts, agreements, awards and employment standards.

Employment Contracts

Employment contracts are formal agreements that establish the agreed terms and conditions of an employment relationship. They should clarify at least:

• Position title
• Working hours
• Remuneration
• Notice periods
• References to any Modern Award or Enterprise Agreements that may apply (more of these later!)

National Employment Standards

The NES lists the 10 minimum conditions for all employees under the national workplace relations system. These conditions are:

1. Maximum weekly hours of work
2. Requests for flexible working arrangements
3. Parental leave
4. Annual leave
5. Personal/carer’s leave and compassionate leave and family and domestic violence leave
6. Community service leave
7. Long-service leave
8. Public holidays
9. Notice of termination and redundancy pay
10. Fair Work Information Statement

Modern Awards System

In employment law, the modern awards system provides for minimum employment standards which are applicable in addition to the National Employment Standards (NES). Modern Awards outline the entitlements of employees including wages and conditions based on industry and occupation.

Enterprise Agreement 

These set out the minimum terms and conditions of employment in addition to any applicable Modern Awards – while they can override an award, they cannot contain anything less than the NES.

Enterprise agreements must meet the ‘better off overall test’ (BOOT) when compared to the relevant award. In reality, this means that the employee must be better off financially when entering into the agreement than they would have been under a Modern Award.

Why an HR Audit is Important for your Small Business?

An HR audit is not something you need to do yourself. The HR Dept can conduct a HR audit for your company for free, to evaluate your processes and ensure your business is:

• Compliant: A comprehensive HR audit is important because it assesses recruitment and selection processes, as well as how your small business deals with terminations and redundancies.
• Performing: An HR audit can take a close look at staff performance, to ensure that your team leaders and managers are coaching and mentoring appropriately.
• Paying appropriately: An HR audit determines whether your salaries and wages are competitive, and ensures the benefits you’re offering are appropriate, legal and competitive.
• Classifying employees correctly: An HR audit can help you determine how an employee should be classified – whether that’s as a casual or permanent member of staff.
• Retaining staff: An HR audit can identify reasons why employees may be leaving.

Life After JobKeeper

Consider the following points if you’re restructuring your workforce post-JobKeeper:

Redundancies: A position can be made redundant if the employer no longer needs the particular job to be done by anyone, or the employer becomes insolvent or bankrupt.

Reducing hours: Once JobKeeper ends, employees will have an automatic right to return to the hours they were working prior to any JobKeeper Enabling Stand Down Direction.

Casual employees: With casual employees, employers are generally able to vary their hours as they see fit. If this means that a casual employee can no longer be offered any hours due to JobKeeper ceasing, then employers can do this.

Social Media: When Sharing Becomes Oversharing

Social media has been a popular way of keeping in touch with distant family and friends for years. It is perhaps unsurprising then, that usage of social media skyrocketed in the past year while other more traditional forms of socialising became limited during lockdown.

People are not just turning to social media to stay in touch, but to stay informed on breaking news or follow online fitness classes with gyms being closed. New trends have emerged too, with whole households uploading comical dance routines to the breakout app of 2020, TikTok.

During the pandemic, numerous reports have emerged of employees claiming to have been fired over viral videos posted to social media. Bad behaviour has included: revealing company secrets, arrogantly flouting COVID rules and bad-mouthing customers. We are sure you can imagine many other ways of acting up whilst in uniform too. These employees have fallen foul of oversharing and paid the price.

In 2021, one of the most important ways for a business to protect its reputation and confidentiality is to have a robust social media policy in place. This then needs to be communicated to all employees. Staff are going to use social media, that’s a given. Indeed, keeping connected with others can be helpful at a time like this. However, a policy helps to clarify conduct and the consequences of any social media misconduct whilst in your employment. This kind of policy is an important tool, should you be faced with an awkward case of oversharing.

As summer comes to an end, Australian workplaces are still being subjected to the lingering impacts of the COVID-19 pandemic, with snap lockdowns, vaccine rollouts and mask enforcements. It’s a confusing time for employers and employees alike, which is why the HR Dept strives to keep you updated with the latest HR news from around the country.

News: Pay rises unlikely for Aussie workers

Workers are unlikely to get a significant pay hike until the middle of the decade, Reserve Bank governor Philip Lowe told a parliamentary committee on February 5. Lowe said that driving wage growth above its current level would require an even tighter labour market than the one that existed before the COVID-19 slowdown.

News: Telstra launches a neurodiversity hiring program

Telstra has launched a neurodiversity hiring program, with eight roles available as part of its inaugural scheme.

The company has partnered with Specialisterne, a not-for-profit specialising in neurodiverse recruitment, to roll out the hiring pilot.

News: NAB recruits WFH employees

NAB is hiring 150 call centre employees who will work from home on a full-time basis. “We are really seeing a change in the way customers are engaging with us,” NAB head of personal banking, Rachel Slade told NCA NewsWire. “We also have learned (over the pandemic) our colleagues can pretty much work anywhere.”

News: Survey finds workers like working from home

A majority of employees want to continue working from home at least two days a week, according to the brokerage’s survey of more than 2,000 workers globally. Only 26% want to work from home full time after the Covid-19 pandemic passes, according to a survey by Jones Lang LaSalle Inc.

News: Employers want clearer guidelines from the Government

New research from the Australian HR Institute shows 13% of employers are considering mandating the COVID-19 vaccine, but the majority want clearer guidelines from the government.

Despite this confusion, 60% are confident their workplace is prepared to act if the government does decide to mandate the vaccine.

The Impact of the COVID Vaccine on your Workplace

We know employers are obligated to ensure a safe working environment, and that employees are obligated to assist in making that environment safe. From cases in the Fair Work Commission regarding the flu vaccine, we know it is deemed reasonable and lawful for employers in high-risk environments (such as child or aged care facilities) to require employees to have the flu jab.

Based on this, we can argue it will be lawful and reasonable for employers to mandate the COVID-19 vaccination, especially with the high risks involved with COVID-19.

However, we also know there have been some cases before the Fair Work Commission where it was acceptable for employees to refuse the flu vaccine. Therefore, you will need to consider your organisation and employees’ circumstances when determining your business’ policies around the COVID-19 vaccine.

These unprecedented times create many unanswered questions, so we urge employers to err on the side of caution. Remember you can highly recommend the vaccination, without mandating it.

If you choose to mandate the vaccination, make sure you are very clear in your communications with staff on:

• Why you have made it mandatory
• What timeframes they have for vaccination
• The repercussions for refusal

It will also be essential to work with employees who choose not to be vaccinated for health and medical reasons and those who refuse for personal reasons.

Navigating the continued challenges of COVID-19 for HR can put a significant strain on you and your team. The HR Dept is here to support and advise you. For assistance, please get in touch.

What the New IR Reform Bill means for Small Business

In December 2020, the Federal Government introduced a new Bill into Parliament to deliver industrial relations reforms. The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 or “IR Reform Bill” was developed following a series of IR Reform Roundtables held by the Federal Government last year and attended by key stakeholders from industry, employer and employee groups.

The reforms centre around five core areas:

• Awards simplification
• Casual and fixed-term employees
• Compliance and enforcement
• Enterprise agreements
• Greenfields agreements

The Federal Government hopes to pass the Bill by March 2021, when the current JobKeeper and JobSeeker programs end. Staying abreast of the latest industrial relations developments and managing the intricacies of HR can be challenging at the best of times. The HR Dept is here to support you with as much or as little help as you need.

How to Approach Employee Engagement

As an employer, here are some tips for achieving employee engagement in the workplace:

1. See the hidden potential in your employees. Take the time to get to know the people in your workplace – what are their strengths, what are their passions, what are their natural skills?
2. Collaborate with your employees. Brainstorm ideas together – you’ll be surprised by the standard of the suggestions and impressed by the instant employee engagement that ensues.
3. Share your successes and vulnerabilities.
4. Be authentic. Get to know people on a personal and professional level, genuinely and honestly.
5. Recognise and reward employees for their hard work. It’s human nature to appreciate small shows of gratitude. Think about how much you appreciate when someone offers a genuine, “Wow, thank you!” Again, honesty and authenticity is key – it’s not necessary to recognise and reward every workplace action, but stay alert to when someone has gone above and beyond.

Setting KPI’s in Small Business

Chances are, when you set up your small business, “KPIs” were the last thing on your mind. However, as your business grows, don’t disregard the concept of KPIs. While they may sound like they belong in the domain of a multinational company, key performance indicators can be a useful way of tracking your business’ performance and setting goals for the future.

A KPI for small business can keep you on track and let you know whether your hard work is paying off.

KPIs will also help you determine where things aren’t working, so you can correct and amend before it’s too late.

COVID-19 and Working Visas: What You Need to Know

While travel restrictions may feel annoying for the average Australian, they can hold untold challenges for employees who are here on skilled work or working holiday visas.

For 482 Visas (Temporary Skills Shortage) and 457 Visas

There have been several changes made to support employees who hold 482 and 457 visas, including a relaxation of some of the visa conditions.

Employees who have had to reduce hours (at the same pay rate), or have been ‘stood down’ (but are essentially still employed by their sponsor), will not be in breach of their visa if they are not working. They are also able to take Leave Without Pay as long as it has been agreed to by both the employee and their sponsoring employer.

For visa holders who are overseas and cannot return, they can work while they are abroad if they can work remotely. However, this time will not count towards a permanent visa application such as a Subclass 186 Visa in the Temporary Residence Transitional stream.

Visa holders cannot work for another employer without a new sponsorship application for the new employer. In addition, they cannot change their duties for more than 60 days without breaching their current visa conditions.

For visa holders whose employment is terminated, they must leave the country within 60 days or find a new sponsor before their current visa expires. They are also permitted to apply for a different type of visa.

Temporary work visa holders who are currently employed in critical sectors may be eligible for a COVID-19 pandemic Temporary Activity Visa (subclass 408) Australian Government Endorsed Agreement Event (AGEE) stream visa. Critical sectors include agriculture, food processing, healthcare and medical, aged care, disability care and childcare.

For Working Holiday Maker (WHM) visa holders

The WHM visa can’t be extended. It may, however, be possible to apply for a second or third WHM 417 visa. To apply, the visa holder must have already completed a minimum period of ‘specified work’ while holding their previous WHM visa. Critical COVID-19 work in the healthcare and medical sectors undertaken anywhere in Australia after 31 January 2020 can be used as ‘specified work’ to apply for a second or third WHM visa.

COVID-19 Pandemic event visa

Visa holders who are stuck in Australia due to COVID-19, cannot return home and who do not qualify for any other visa (such as a Visitor Visa or Bridging Visa), can apply for a special COVID-19 408 visa as a last resort.

Key points to remember

• Be aware of your obligations as a sponsor
• Be aware of the visa status of each overseas employee, including their visa expiry dates
• Make sure you have a plan in place for when an employee’s visa expires

The ongoing challenges for international travel and Australian visas are rampant with uncertainties. Keeping on top of your employer obligations may be difficult. The HR Dept is here to help you navigate the ups and downs of employing overseas workers.

Using Face Masks Across Australia: The Rules and Regulations

Ongoing community outbreaks of COVID-19 means regulations are constantly changing, including the use of face masks. Here’s a breakdown of the face mask regulations across Australia as at 3^rd February 2021 but please check the Australia Department of Health website for the latest information.

State and Territory guidelines

Australian Capital Territory
Face masks are not required but be prepared for a time when they may be. Face masks are recommended for people who have COVID-like symptoms, are self-isolating or in quarantine who are leaving their home for an essential reason such as medical care.

New South Wales
Face masks are mandatory across Greater Sydney (including Wollongong, Blue Mountains and Central Coast) in the following indoor settings:

• Retail outlets, supermarkets, and shopping centres
• Waiting areas for public/shared transport and on public/shared transport
• Indoor entertainment (including cinemas and theatres)
• Places of worship
• Hair and beauty premises
• When visiting an aged care facility

As of 12 January 2021, face masks are mandatory at all NSW airports and on flights, including those taking off or landing in NSW.

Northern Territory

Face masks are recommended if:

• You have symptoms and are getting tested
• Cannot maintain a physical distance of 1.5 metres

Queensland

For impacted areas within Greater Brisbane, you must carry a mask with you at all times when you leave home, unless you have a lawful reason not to. Face masks must be worn in indoor spaces, except your home. Face masks are not required outdoors unless a physical distance of 1.5 metres cannot be maintained, for example, in walkways.

For those people outside the impacted areas, face masks must be worn in Queensland airports, on domestic flights, on international flights from COVID-19 hotspots or when transporting persons required to quarantine such as bus, coach or taxi drivers.

South Australia

From 23 December 2020 face masks are no longer mandatory. However, other restrictions are still in place.

Tasmania

Face masks are not required in Tasmania unless:

• You are caring for a person who has or is suspected of having COVID-19
• You have symptoms or are COVID-positive and need to leave your place of isolation for testing or medical support
• You are visiting a COVID-hotspot and cannot maintain physical distancing

Victoria

You must carry a mask with you at all times when leaving home unless you have a lawful reason not to. However, face masks are still mandatory:

• On public transport, rideshare or taxis
• Inside shopping centres
• Inside indoor markets
• In large retail stores (over 2000 sqm)

Western Australia

Face masks are mandatory in Perth, Peel and South West Regions when out in public.

For further information, visit the Australian Department of Health Website.

Give our friendly HR experts a call if you have any questions or concerns around your HR practices.

Overseas Farmworkers: What Visas Can Be Used During COVID-19?

 With over 80% of farmworkers coming from overseas and no ‘ag-specific visa’ in sight, how do overseas worker visas operate for farmers? Have any changes been made to help with COVID-19 worker shortages?

Approval as a Business Sponsor is the first step

Before you can sponsor an overseas worker on any of these visas, you need to register to be an Approved Business Sponsor. Sponsorship lasts for five years. If you were a business sponsor prior to the 457 Visa being abolished, you can use your approval status to nominate a worker on a 482/TSS or Working Holiday/Work and Holiday visa. However, there are provisos:

• Farmworkers must meet eligibility requirements
• Employers must have time remaining on their sponsorship approval

Who can be nominated for a 482/TSS visa?

Farmworkers listed on the Short Term Skilled Occupation List (STSOL) can be sponsored on a 482/TSS visa as long as:

• You, as the sponsor, can prove you have been unable to find an Australian worker after advertising the position for a minimum of 28 consecutive days at least twice in the last four months
• The applicant has worked in a relevant full-time position for at least five years or holds a Bachelor degree plus two years full-time and paid relevant work
• The applicant has a high English test score (of at least 4.5 or 5.0 on the IELTS) or is exempt

Hiring Legal Workers

It is your responsibility to ensure you hire workers that have permission to work in Australia; this includes harvest workers. To be compliant, you can register with the Department of Home Affairs’ free Visa Entitlement Verification Online (VEVO) service to:

• verify if workers have the right to work in Australia
• ensure their visa type is eligible
• make regular checks for any changes to your employee’s visa

Meeting your employer obligations

Make sure you are aware of what your employer obligations entail for each visa class you are sponsoring. For example, working holiday visa holders are eligible for superannuation and must be taxed at a special rate (called the ‘backpacker tax’).

Changes to farm work visas during COVID-19

In a bid to support farmers during the pandemic, the Federal Government has made some provisional changes to temporary visa conditions, including:

• Permitting student visa holders to work more than 40 hours per fortnight during semesters if they are working in agriculture
• Allowing workers in the agriculture industry to apply for the COVID-19 Pandemic Event visa
• Permitting temporary visa holders up to 90 days before their existing visa runs out without the need to demonstrate their attempts to leave Australia

Help when you need it

Working in agriculture brings a myriad of challenges, never mind the intricacies of hiring and managing overseas workers. Let the experts do this for you. The HR Dept is here to support you with all your HR needs – on either an ad hoc basis or on a more regular basis. So give us a call to help you navigate the challenges of employing and managing your workforce.

How to Manage Lovestruck Employees

Before you start installing cubicles and applying blanket censorship, it’s worth noting that a complete ban on workplace relationships would be arduous. Strict rules like this can encourage employees to be dishonest and sneak around. And assumptions can lead you into dangerous territory, such as risk of discrimination, particularly where same sex individuals are involved.

You may however like to consider a ban on relationships between managers and subordinates, where the balance of power is one sided and can directly impact work. These relationships carry a risk of favouritism and can be a liability for your business.

But rather than banning all personal relationships in your business, a few well-constructed rules should be enough to keep the peace and see employees working well together. For example, your policy on personal relationships may want to deter public displays of affection and encourage courteous behaviour towards others (in the event of a breakup).

Having a policy is simply the first step towards protecting employees and your business. It is essential that training is provided to ensure that rules are followed, and company values are respected.

Support from your HR Dept

If romance is blossoming in your business and you have some questions on how to approach the topic of relationships with employees, call us. We’ll make sure your actions are legally compliant and suggest a policy that fits the unique needs of your business.

Top Tips to Keep Your Virtual Business Inclusive

Progress in workplace inclusivity is one thing at risk during the new normal. Many of the cues of the physical environment are just not available right now.

However, in our virtual world of Zoom, Teams and other digital platforms we get the chance to come up with new ways of fostering inclusivity by pressing the reset button on the etiquette of meetings.

For example, introduce a facilitator to ensure all voices are heard – not just the extroverts or people with power; invite people to tag their preferred name on their profile; take the opportunity to better read non-verbal signals in gallery view; and get people who may not normally feature in a meeting to participate, like a customer representative.

Some platforms even offer automatic closed captioning which can help those with hearing impairments or who speak in a non-native language. There is much more available too, so think creatively and don’t let inclusivity slide. It will help your company benefit from better engagement, better decision making and improved mental health amongst your team.

Group 3 Awards’ Minimum Wage Increase

At the beginning of 2020 the Fair Work Commission announced an increase to minimum wages. While the increase of 1.75% was applied to the National minimum wage from 1 July 2020, the roll-out to each Award was staged across three groups.

Group One Awards increased from 1 July 2020 and included:

• Front-line Heath Care & Social Assistance Workers
• Teachers and Child Care
• Other Essential Services

Group Two Awards increased from 1 November 2020 and included:

• Construction
• Manufacturing and
• A range of other industries

The final group of Awards, Group Three, are yet to receive their increase as this has been delayed until 1 February 2021. The Award groups in this category include:

• Accommodation and Food Services
• Arts and Recreation Services
• Aviation
• Retail
• Tourism

For a detailed list of the Awards included in Groups One, Two and Three, see the Fairwork Commission website.

What do employers need to do?

In order to remain compliant with the wage increase, employers should complete a wage review to ensure they are paying each employee in line with the new minimum rates for their relevant Modern Award.

The wage changes must be applied to the first full pay period on or after the new wage comes into effect. At the very least, employers must ensure their full-time employees are paid at least the National Minimum Wage, which is $19.84 per hour or $753.80 per week.

For employers who have Enterprise Agreements in place, you must ensure the base rates within your agreements do not fall below the National Minimum Wage or the relevant Modern Award.

Employers who fail to pay wages in accordance with the National Minimum Wage, or the requirements of the relevant Modern Award, risk breaching the Fair Work Act 2009. You could be subject to hefty fines and a requirement to back-pay staff if it’s found you have failed to correctly pay your staff.

Help is at hand

You don’t have to go it alone. The HR Dept is here to help you:

• Ensure your wage payments remain compliant
• Run annual wage reviews
• With any of your HR needs

We offer adhoc support services as well as ongoing, regular assistance. Contact us today to discuss how we can assist you and your business.

Everything you need to know – JobMaker Hiring Credits

JobMaker Hiring Credits are an incentive for eligible businesses. Their purpose is to provide financial credits for each additional position created for an eligible job seeker between 7 October 2020 to 6 October 2021.

How it works

For an eligible employee aged 16 to 29 who is hired in a newly created position, employers will receive $200 a week. For an eligible employee aged 30 to 35 who is hired in a newly created position, employers will receive $100 a week.

New positions created from 7 October 2020 till 6 October 2021 will attract the JobMaker Hiring Credit for up to 12 months from the date the position is created.

The credit can be claimed quarterly in arrears from 1 February 2021 and employers will need to report quarterly to show they meet eligibility criteria. The credit will be paid to employers – not employees.

Registrations for JobMaker opened on 7 December 2020 and can be completed at any point prior to claiming. Employers who don’t report through STP can visit the ATO website for details on how to register.

What if I’m starting a new business?

New businesses created but without registered employees on 30 September 2020 are able to claim the JobMaker Hiring Credit for the second person hired as well as any subsequent new hires. Obviously, the business must meet the JobMaker eligibility criteria.

Eligible employees need to complete a nomination form in which they declare they meet the eligibility requirements for the JobMaker Scheme. This includes a requirement that they haven’t completed a JobMaker nomination form for another employer they are working for.

Employees may be employed on a casual, permanent, or fixed-term basis.

Contact the HR Dept for more information on how the JobMaker scheme works and what you need to do as an employer.

The January Work Itch: Managing Resignations and Recruitment at the Start of the Year

For many small businesses and HR Departments, January traditionally heralds the time of year when employee turnover increases. This can be a double-edged sword.

The New Year: a great time to recruit

Holidays, especially those that involve New Year’s resolutions, offer people a time to reflect and catch their breath. This often means they start thinking about moving on. Or they may realise how unhappy they’ve been in their current job. They may feel undervalued or simply think they can earn more in the greener pastures on the other side.

The other side: an increase in resignations

On the other hand, your business may find it’s dealing with resignations. For smaller businesses, the resignation of a key staff member could have a huge impact – leaving gaping holes in knowledge and skills. It’s important to monitor your staff engagement levels in the early weeks and months of the new year so you can spot potential leavers before they act.

While you cannot stop the January itch to start the new year afresh, you can ensure your employees feel they are valued, supported and can grow within your business. If they still choose to leave, wish them well.

Give The HR Dept a call if you need a hand with resignations and recruitment. Our team is here to help you navigate the highs and lows of HR with ease.

The Do’s and Don’ts of Returning to Work after Recovering from COVID-19

While COVID-19 numbers are low in Australia, you may still face questions about your duty of care as an employer of a person who is recovering from the disease.

Allowing COVID-19 survivors to return to work

You cannot stop an employee returning to work once they recover from COVID-19.However, there are guidelines in place to identify when they can or should return to work.

According to the Australian Government Department of Health, employees who have isolated after testing positive for COVID-19 “can return to work once they have fully recovered and have met the criteria for clearance to return to work”.

Physical and mental support by employers of COVID-19 survivors

As with many other health-related concerns, employers must manage and reduce any stigma around COVID-19 for staff returning to work after precautionary self-quarantine or illness. Employers also need to nip any workplace discrimination in the bud.

Managing ongoing symptoms after being cleared of the virus

Recovery from COVID-19 varies between people – just like any illness. So work closely with any employees who are recovering from COVID, to manage their workload as they return to work. We can help you map out a Return to Work program for them.

Should employees continue to be unwell, it’s important to take note of Fair Work regulations regarding ongoing illness.

Give our friendly HR experts a call if you have any questions or concerns around your HR practices.

Managing the Return of Company Equipment

The unprecedented COVID-19 lock-downs continue to have ongoing challenges for business. One challenge is the use of company equipment when working from home. More than ever before, having the right policies, guidelines, and documents is essential.

Employer Responsibility

When entrusting company equipment and tools to an employee to carry out their duties, the employer needs to set policies for the use of the items. It’s imperative the employee has read, understood and agreed to those terms of use.

Employee Responsibility

It’s the employee’s responsibility to maintain and look after any equipment or tools supplied to them by their employer. It’s also the employee’s responsibility to return equipment, vehicles and tools as reasonably directed by their employer.

Having the right policies and procedures in place makes it possible for your business to take legal action should an employee refuse to return your company property.

As you can see, asking for the return of company equipment can be fraught with challenges. We’re here to help.

How to get the office Secret Santa/Kris Kringle right

With Christmas around the corner, many offices will be looking to organise the gift-giving tradition of Secret Santa or Kris Kringle.

It can often be a source of worry for some business owners, as some staff can be offended and it could erode trust instead of building morale.

For example, an overweight worker in America got diet pills as their present – how upsetting! And one manager received edible underwear from a subordinate – very inappropriate!

HR tips to make your Secret Santa/Kris Kringle a success
We’ve put together have a few tips on how to make the most of it and some common pitfalls to avoid!

• Don’t force people to take part. Not everyone has extra cash around the holidays, especially those with children or those who care for someone.
• Set a price limit. It’ll differ for each industry and company, but keeping it reasonable will let more people join in.
• Get staff to fill out a little profile about themselves. Staff may learn a bit about their colleagues they may not have previously known.
• Suggest a list of generic gifts such as chocolates or drinks and let a staff profile give an option for a present idea or any dietary requirements.
• Gently remind people that HR policies still apply. Nobody wants to watch the boss’ face as they open up a very rude present!
• Set a date for buying and wrapping and ask people to pop them under the tree. It’ll make the office feel even more festive.
• If you’re worried it might all blow up, why not swap Secret Santa with a Christmas baking competition and ask everyone to contribute a dish.

Have clear policies in place before the festive period and ensure staff understand that any party is an extension of the workplace. For advice on having a successful and incident-free Christmas celebrations, contact your local HR Dept.

Avoiding the fireworks: Workplace mediation

According to research from the publishers of the Myers-Briggs personality test, over 60 percent of employees have never received conflict management and dispute resolution training. But almost all of those who did reported being able to navigate conflict more positively.

Working with colleagues, managers and contractors often sees different types of personalities clashing. Workplace mediation can help.

How can workplace mediation benefit my business?
Mediation can be an alternative to the costly and time-consuming process of grievance procedures. It offers a space to air out misconceptions and miscommunications which can often be the root cause of workplace conflict. Workplace mediation is a positive opportunity for people to resolve practical problems and personal issues.

Does my business really need workplace mediation?
Hopefully not! Conflict can be healthy and constructive. It can help teams develop creative ideas and find new ways of doing things.

Mediation may be needed when healthy competition and a challenging exchange of ideas turns into bullying, harassment and undermining of colleagues. This can have a negative effect in a number of ways. For smaller businesses in particular, the impact can be significant.

What can my business do to avoid conflict?
Conflict is a natural and normal part of the workplace. But identifying at which point to intervene and manage conflict can be difficult. The best way to avoid conflict spiraling out of control is to set an open and honest culture that encourages competition, but also a healthy respect for each other.

To find out how mediation and grievance management could work for you, get in touch with your local HR Dept.

How to manage employees when temperatures soar?

It can be hard for staff to concentrate in the sweltering conditions, especially as summer approaches.

Here are some tips to help you get through summer:
In this season, you need to carry out a risk assessment. Look at the environment, type of work being carried out and any staff with needs – such as a pregnant employee or someone with medical conditions. You should then address any issues. For example, could outside workers start earlier or later to avoid the midday sun?

It is time to relax the dress code a little, but standards of decency must be maintained. We suggest casual, smart, loose-fitting clothing. However, wear protective clothing to keep cool. It is not cool to land in the hospital! High factor sun cream for those working outside seems a sensible approach.

The warm weather generally increases the risk of sickness, especially sunstroke or hay fever. As we always recommend, you should carry out a return-to-work interview.

Although some employees may believe a bit of sun relaxes the workplace rules, you need to manage consistently and fairly.

If you require support, The HR Dept is here to help. Contact your local office today.

Don’t let Black Friday cast a shadow over your productivity

Black Friday is almost upon us. If you are a retailer, Black Friday is likely to be one day you do not have any productivity issues with staff. But for businesses in other sectors, you may have real issues.

If you have concerns, you can adopt whether you run a tight ship or prefer a more relaxed approach.

The strict approach – Before the day, send out a staff email reminding people of your internet policy and the risk if they breach it. If you want the option of monitoring employee internet use, it is wise to give them advance notice to avoid encroaching on their privacy.

The flexible approach – For crazy shoppers on your payroll, you could softly suggest they take a day’s holiday to let them get their fix. You could even permit some flextime for them to get their shopping done on the proviso that they make it up before or after.

Whichever approach you choose, it is important to be consistent. Ensure all staff are treated the same.

We are here to help. Black Friday might show you it’s time to get some proper written policies, give us a call.

How to handle the ‘sickie’ over the festive period?

For businesses that are open across the holiday season, it’s likely to be a skeleton staff. But if someone phones in sick, it can cause havoc and unanticipated service gaps.

Tips on managing sickies

• Be mindful that most people are genuinely unwell – Sick staff don’t make productive people, especially when Covid-19 is still a major factor.
• Remind staff before the holidays of how to report sickness – Make sure there’s a clear policy of who they should report to and how to inform them they are sick.
• Book in a ‘return to work’ meeting – If staff are off sick, check in when they return and see if there are any adjustments needed to help them ease back into work.
• Check social media – Seeing if they went out for the day or suddenly felt well enough to go out partying can go some way to provide evidence for an investigation.

If you need help on how to investigate or discipline staff that might be faking it, get in touch.

Flexible thinking puts modern awards
in the picture

COVID-19 has conclusively demonstrated remote working is possible and potentially beneficial to both the employee and the business. The expected fall in productivity hasn’t eventuated. Employers can potentially reduce their physical office footprint, resulting in cost savings. While many employees are finding the flexibility allows them to work around their lifestyle, bringing greater work-life-balance.

However, the pandemic also means the need for flexible work arrangements can be expected to continue for some time. Yet most modern awards don’t “expressly provide for nor deal with issues relating to working from home arrangements”.

What does this mean?

The absence of an express provision in modern awards to facilitate working from home, makes it difficult to practically apply flexible working arrangements. For example, an employer may need to pay overtime if an employee would like to start and finish their day later or earlier than the award allows for.

Introducing the draft Flexibility Schedule

To make flexible working more practical for businesses, the Fair Work Commission has released a draft Flexibility Schedule to facilitate flexible working discussions during and beyond COVID-19. The draft Flexibility Schedule will be trialled for 12 months and is a possible inclusion in the appropriate modern awards.

The terms of the draft schedule are believed to be particularly relevant to small businesses, who are less likely to have enterprise agreements which facilitate flexible working arrangements. It’s important to note that not all the proposed clauses will be suitable for all awards and some tailoring may be required for the schedule to meet the particular needs of an occupation or industry.

For help and assistance in understanding the draft Flexibility Schedule and how to apply it to your business, give The HR Dept a call.

If the paper trail runs out, things can
quickly go south

A recent case in the NSW Supreme Court has proved how important following through on paperwork is. In this case, a former CFO has been awarded a total of $1.1 million in damages over an unsigned contract dispute.

The court found the absence of a signed employment contract did not affect the employee’s entitlement to reasonable notice and benefits.

During the court case, it came to light that the employee had initially started as a CFO and was later promoted to Finance Director. At this time, a new contract was discussed and a draft contract was sent to the incumbent demonstrating a common intention that the original contract no longer applied. The draft contract wasn’t finalised or signed. Despite this, the court found that the entitlements indicated in the draft contract were still relevant and applicable.

Following the paper trail

Business can get busy. It’s easy to drop the ball on some things when you’re juggling multiple tasks and issues within your business. COVID-19 has exacerbated the situation with businesses having to move quickly and unexpectedly as they get hit by pandemic-related curveballs.

It can be so easy to lose track of where you are up to with staffing matters. However, as this case shows, it’s important employers make sure they update paperwork and follow through on agreements.

Help is at hand

COVID-19 has resulted in multiple changes to the working conditions of employees and businesses. Ensuring all your employee records, contracts, HR policies and processes are up to date can protect your businesses and back up your decisions and actions. When you enlist help from an expert at The HR Dept, we’ll ensure your “people paperwork” is up to date.

The forgotten risk of working from home

The need to work from home brings an increase in the risk of cybersecurity attacks. Currently, scam attacks and phishing emails are on the rise, making it more important than ever for your business to have a cybersecurity plan.

To keep your data safe and avoid breaching any data privacy rules:

• teach your employees how to identify scams, for example, noting strange email addresses and website links
• consider how your staff access and share sensitive data and information
• make sure any devices used by employees to carry out their work duties (whether it’s a personal device or a business device) has up-to-date security software installed with all patches applied
• use multi-factor authentication to keep data, software and devices safe and secure

There has never been a more important time to place a focus on cybersecurity. Get in touch with us if you don’t know where to begin.

Managing difficult conversations remotely

In business, difficult conversations are inevitable but working remotely can make them easier to avoid. Unfortunately, the problem won’t go away. In fact, your staff may be unaware there are any issues.

If you need to have a difficult conversation, these five tips can help:

1. Know the reason for the conversation and identify your desired outcome.
2. Put aside time to talk. Difficult conversations take time. Try adding a human connection by using video conferencing.
3. Use reflective listening. Paraphrase employee issues so they feel understood.
4. Be aware of the risks. Follow company policy and try to maintain a fair process throughout the conversation. Be aware that emotions could run high – especially because of the pandemic.
5. Keep communication flowing. Make sure employees have opportunities to approach you if needed.

Remember, difficult conversations are more successful when framed by solutions and understanding.

Ask for support

If you need to have a difficult conversation with an employee, The HR Dept is here to offer fair and impartial support.

Function over form … How to create
a productive home office

Working in a cluttered home workspace makes it difficult to focus and could clutter your mind – contributing to your stress levels.

For a successful home office:

• Aim to be away from distractions
• Ensure you have some natural light and greenery
• Use functional, comfortable, ergonomic furniture
• Keep technology under control — the more devices you have, the more cable clutter you need to manage
• Know where your power points are and make sure you have internet access
• Keep things simple

While it’s great to create a space that feels personal, you still need to ensure your workspace makes you feel confident and professional.

What are your obligations regarding employee
mental well-being during COVID-19?

Pandemic aside, 1 in 5 workers in Australia are affected by mental health issues. That’s huge! Add the uncertainty caused by the coronavirus, and this rate is expected to increase. As employers, it’s essential to look after both the physical and mental health of our employees. In fact, employers have a legal duty of care for work-related mental health (also called psychological injuries).

Why does mental health matter?

According to Safe Work Australia (SWA), at least 6% of workers compensation claims, not including pandemic numbers, are for mental-health-related claims. Work-related stress has also been linked to absenteeism, presenteeism and poor work quality or performance. It affects not only the individual but their family, colleagues and your business because happy and healthy employees are more productive.

What causes work-related mental health?

According to SWA, “Stress is a physical, mental and emotional reaction that a worker may experience when the demands of their work exceed their ability or resources to cope.”

Work pressure, uncertainty or lack of role clarity, bullying and harassment, poor support, poor workplace relations, remote or isolated work are all factors that can cause or increase work related-mental health issues.

Navigating mental well-being across your business

The coronavirus was unexpected so there was no time to plan for it. Its impact will be felt across the board, by business owners, managers and employees alike. Yet, everyone will still be expected to perform at a certain level. Here are some tips to help you navigate the mental well-being of staff during this challenging time:

• Early intervention is vital in reducing the impact of mental health issues in the workplace
• Create a supportive environment that leaves no room for stigma or discrimination
• Keep in touch with all your workers – especially the remote ones
• Monitor behaviours, output and appearance so you can promptly identify potential issues
• Signpost support to those in need

Remember, it’s your obligation as an employer to ensure your employees have a safe and healthy workplace. If you need assistance or advice, get in touch with the HR Dept.

Re-hiring, redundancies and risk. What you need to know

What a year we’ve had so far! With many businesses hit hard by the pandemic, some employers have been forced to make staff redundant to stay viable. However, things are slowly picking up in most states. This means there are employers wondering when they can recruit for roles after making redundancies. Sadly, there’s no magic formula here. There are, however, a few things to take into consideration.

Were they genuine redundancies?

Fair Work Australia defines a genuine redundancy as:

• The employee’s job doesn’t need to be done by anyone in the organisation anymore
• The employer is unable to offer the employee another opportunity within the business
• The business followed the requirements of any relevant award, enterprise or employment agreement

In other words, the basic functions, responsibilities and duties of this role are no longer needed at all. Based on this definition, requiring someone else to fill the role of the redundant employee means it wasn’t genuine.

Choosing to re-hire the person who was previously in the role can also be tricky. Again, it calls into question how genuine the redundancy was. Employers must be wary of unfair dismissal claims and ensure their redundancy processes are fair and compliant.

When can I re-hire after redundancy?

If you have followed all procedures correctly and can prove that:

• The redundancy was genuine
• The need to reinstate the role was honestly unforeseen and due to changed circumstances

re-hiring for the position could be considered.

Redundancies are fraught with risk but the HR Dept is here to help you make the right decisions for your business. Ask us for help.

Don’t forget! Changes to JobKeeper come into effect from 28th September

From 28 September 2020, JobKeeper payments will be based on actual turnover in the relevant periods. To be eligible, business owners will need to demonstrate a significant loss of turnover during the September quarter.

To continue to be eligible for the March 2021 payment, businesses will need to show a significant loss in the previous quarter.

Payments will be made in two tiers.

From 28 September 2020 – 3 January 2021, employees working 20 hours or more per week in the four weekly pay periods before the reference period, will receive $1,200 per fortnight. Employees working less than 20 hours per week during the same period will receive $750 per fortnight.
From 4 January 2021 – 28 March 2021, employees working 20 hours or more per week in the four weekly pay periods before the reference period, will receive $1,000 per fortnight. Employees working less than 20 hours per week during the same period will receive $650 per fortnight.

If you have questions about accessing the JobKeeper scheme, contact the HR Dept.

Making employment decisions during COVID-19 is riskier than ever!

Since the pandemic hit our shores, the Fair Work Commission has had a significant increase in disputes. Six months down the track, the Commission has found a positive correlation between retrenchment levels, unemployment rates and unfair dismissals.

It’s fair to say employers are at a higher risk than usual of Fair Work claims due to COVID19. Many of these disputes concern how employers have rolled out JobKeeper payments and work directions.

Disputes have ranged from JobKeeper eligibility and payment processes to JobKeeper stand down enabling directions (including reduced or increased hours under these directions) and requests around annual leave.

From the disputes that have arisen so far, it’s clear. Employers need professional advice before making redundancies or changes to employee conditions such as their roles, hours, duties or wages. In addition, the recent JobKeeper provisions and the new category of ‘legacy employers’ included in the Fair Work Act, are creating even more complexity for employers.

The HR Dept is here to help you identify and implement the best course of action for both your business and your employees.

Team building tips for a socially distanced workforce

While COVID-19 has stunted our ability to socialise, it shouldn’t stop team building activities (even if your team aren’t in the same place)!

Before you start, ensure your team has an open channel of communication to share their ‘water-cooler’ moments. Once that’s in place, get creative.

Quizzes can challenge team members on a variety of fun topics; bake challenges can have the team sharing their creations on camera while remote Pictionary can be a hoot. For health and wellness, try a fitness challenge or share mindfulness moments.

The benefits of continuing team building, despite the distance, include happier working environments and better collaboration. Ask your team for their ideas and reach out to us if you need help.

We’re all feeling this pandemic where it hurts – in our back pocket!

The COVID-19 pandemic has undoubtedly hit businesses and individuals where it hurts most, in the back pocket. It’s an economic and financial crisis that most of us have never experienced. Thankfully, we live in a country that has stepped up to help with continued financial and economic support.

In the recent mini-budget update from Treasury, further support measures were announced. They include:

• Expanded eligibility for income support payments
• Expanding eligibility and extending the JobKeeper program
• Temporary cashflow support for employers
• Increasing and extending the instant asset write-off

The Government is also investing $2 billion to give Australians opportunities to upskill or retrain as well as expanding and extending the Supporting Apprentices and Trainees wage subsidy.

The HomeBuilder program is designed to help the residential construction industry by encouraging new home builds and substantial rebuilds this year. Most State and Territory governments have also released additional financial support packages.

Yet, despite all the financial support coming from Federal and State governments, many individuals and businesses are still feeling the pinch.

Financial wellbeing is vital for both employers and employees. At a time like this, people may struggle with the stigma around discussing their financial worries. This can lead to loss of sleep, prolonged stress, reduced focus and even depression.

Employers should take advantage of the support available for their business and seek financial help or advice when needed.

To further support employees experiencing financial difficulties, and to help their overall health and wellbeing, employers can signpost the free financial advice available for employees through a range of charities and debt helplines. It’s also advisable to encourage open and approachable communication for employees struggling with debt.

The National Debt Helpline has compiled a COVID-19 Financial Survival Kit highlighting where and how individuals can get financial support right now. Beyond this, employers can help employees by implementing financial education and awareness programs as a part of their overall health and wellbeing strategy.

Call our team to see how we can support you and your employees at this difficult time.

Are your business decisions as objective as you think?

For many decades, modern businesses have been encouraged to become more diverse and accepting when it comes to recruiting. But did you know unconscious bias could undermine those efforts?

Without realising it, we often make decisions based on our past experiences, background and environment. Known as unconscious bias, this unconscious behaviour is detrimental in the workplace and often leads to favouritism and discrimination.

There are ethical and commercial considerations for mitigating unconscious bias. For a start, ethnically and culturally diverse workplaces are proven to work more effectively, delivering higher profits than their less diverse counterparts.

Unconscious bias can manifest in many different ways within the workplace. Some of the more common examples include:

• Affinity bias: when we have a distinct preference for people who are similar to us or display similar characteristics
• Beauty bias: we unconsciously select and like people who meet our image preferences
• Conformity bias: a tendency to make decisions that conform to the ideas and thinking of our colleagues
• Confirmation bias: when we look for evidence that backs up our opinion of a person
• Gender bias: where we make decisions based on gender rather than skill or characteristics

While it can be challenging to pinpoint and remove unconscious bias altogether, in the workplace there are strategies available to mitigate it. They include evaluating your decision making processes and investigating opportunities to assess the situation for unconscious bias.

You can also open up the conversation on biases to help employees and managers become more aware of their personal biases.

The HR Dept can help you identify workplace bias and put mitigating measures in place to help make your business better. Get in touch to find out more.

How do local lockdowns affect everyone?

If you don’t live in Victoria at the moment, you’re probably feeling very relieved as well as feeling concerned for any friends, family or colleagues who are under Stage Four restrictions. But don’t be fooled! While the lockdown is currently localised to Victoria, its impact will be felt across the whole of Australia.

Why?

Victoria makes up almost 25% of the Australian GDP and holds the country’s largest port for containerised and general cargo.

That means the impact of restrictions on Victoria will have a roll-on effect right across Australia’s supply chain. It will also affect the overall economy through decreased spending and potential job losses as businesses struggle to survive.

Travelling between States and Territories is also more restrictive which significantly impacts businesses who:

• Have suppliers in Victoria
• Need to travel across Australia for work
• Form part of Australia’s tourism industry

There is growing fear of another lockdown in other States or Territories too. Remember, we are in this together. That means we all need to do our bit to eliminate COVID-19 so everyone remains safe – financially, physically and mentally.

How do facemasks impact customer service?

The simple gesture of smiling is a salesperson’s best friend, but the need to wear facemasks is jeopardising all the good a smile can do.

So, how do you replace that all-important smile when dealing with customers face-to-face?

Start by helping employees understand that facemasks have an impact on their customer interactions. Then give them another solution – their eyes!

Eye contact can be a great way to communicate. Hand gestures are another alternative but need to be used with care. For example, a thumbs up in parts of West Africa, Greece, Russia and Sardinia is extremely rude whereas, it’s a very positive sign in Australia.

You should also prepare your front line staff for the possibility of increased abuse by customers, during this sensitive time. Helping customers remember staff are simply doing their job can help here. For additional advice and support, reach out to The HR Dept. We’re here to help.

Viruses aren’t the only thing that spreads like wildfire. Negativity can too!

You’ve heard it said that laughter is contagious, but did you know negativity can be equally contagious?

This spread of negative emotions is called emotional contagion and it can be unhelpful in this pandemic-fuelled environment.

Constant negativity can lead to an increase in worry, anxiety and mental health issues for your workforce. Being aware of the mood in the office and mitigating negativity is important.

Encourage your workplace leaders to demonstrate positivity. Follow this up with workplace programs such as:

• Meditation
• Positive thinking
• Stress management support
• Feedback mechanisms
• And helping employees become more emotionally aware

For help to deal with (or prevent) negativity in your workplace, contact The HR Dept.

Temporary Award changes: what you need to know

In April this year, the Fair Work Commission announced several temporary changes by the addition of a Schedule X to 99 Awards impacted by COVID-19. While some changes have been extended to 30 September, others have been varied or ended on 30 June 2020.

This means employers must stay up to date with all Award changes and keep their payroll compliant. If you need assistance in identifying the changes and adjusting your HR practices, contact your local HR Dept, we’re here to help.

For most Awards, the temporary changes will continue. However, the Restaurant and Hospitality Award and the Clerks Award have new guidelines on when their variations can be applied. The Electrical Power Industry Award 2010, which had not been initially included in these changes, now has Schedule X applied. At the same time, the Retail Industry variations (including the Fast Food Industry, General Retail Industry, Hair and Beauty Industry, and Storage Services and Wholesale Awards) will only be applicable until 31 July 2020.

In Victoria and Queensland, additional support has been added for employees on COVID-19 sick-leave who are not receiving other financial aid.

What do employers need to do?

Employers need to regularly review their HR processes and stay abreast of any changes to Awards that will impact their employees. In particular, you need to know whether you need to

• Adjust your employee’s duties
• Change employee hours
• Make any other changes to remain compliant with the relevant Awards

It can also be confusing if the Award advice contradicts other requirements such as the Superannuation Guarantee – as in the case of the Hospitality Award and some others.

It is essential that you identify which changes will impact your employees and ensure you are applying those changes to your HR practices as soon as practicable. You will also need to clearly communicate the changes to your employees so they are aware of how their Awards are changing and how that will impact their employment.

Your local HR Dept can help you quickly identify which changes specifically apply to your business and situation.

How will COVID-19 change the future of your workplace?

2020 has been a tough year for most businesses, and there’s no end in sight. The breakout in Victoria shows us we’re on shaky ground so businesses need to be adaptable to survive. So how has the modern workplace changed, and how well does it function?

The lockdown earlier this year proved, for many businesses, remote working is doable. Businesses have an opportunity to define how they will function as restrictions ease, tighten again when needed, and eventually operate, once an effective vaccine is available.

That means it’s now an ideal time for businesses to identify how their new working models will look.

Could a hybrid-model be the right choice for your business?

A hybrid working model is one where some employees work from home (some or all of the time), while others return to the office or workplace permanently.

When making this decision, you need to consider a few factors:

• Which employees are needed on-site and when/how will you manage rosters?
• Who will work on-site full or part-time, and who will work remotely some or all of the time?
• How will you manage physical distancing for co-working staff?
• How will you manage employees and ensure equal treatment when some are working remotely, and some are working on-site?

While 2020 is proving to be tough, it’s also an opportunity to invest and plan your future workforce strategies to create opportunities for increased employee retention, flexibility and productivity.

If the task of planning your future workforce strategy feels daunting or you just don’t know where to start, give The HR Dept a call. We’re here to help you build a future-proofed business.

What are the requirements for handling contact tracing data?

As some businesses start returning to a more “normal” working environment, many are under new requirements from the States and Territories to collect customer or visitor details. This data is required for contract-tracing should a coronavirus outbreak occur. But it may surprise you to learn, this data is still governed under the Privacy Act 1988.

That means the information collected must be handled and held securely in line with best practice for handling data based on State and Territory law. Employers also need to ensure all employee contact details are up to date and safely stored.

The Office of Australian Information Commissioner (OAIC) recommends:

• Only collecting the required information
• Notifying customers and visitors about the reasons you’re collecting their information
• Securely storing the information
• Only releasing the information to the relevant health authorities, when requested, for contract tracing purposes
• Appropriately destroying the information once it is no longer needed

How has COVID-19 changed workplace lunch breaks?

The concept of a ‘lunch break’ seems simple; yet it isn’t. Worldwide, busy employees feel the need to work through their lunch break. At some workplaces, there’s a stigma around regularly having lunch breaks, as they are seen as unproductive.

Coronavirus may be making this small necessity more troublesome.

For those working from home, snacking may be a coping mechanism and being close to the fridge could mean they’re eating more. Others may have started taking regular healthy lunch breaks. Either way, daily eating habits can affect work.

Returning to the workplace will again impact lunch break habits. Social distancing requirements and fear of COVID-19 may leave employees feeling nervous about business meetings and shared lunchrooms.

Here law intervenes. Awards generally require employees to take a 30-minute unpaid lunch break. Workers who work through these breaks may be owed overtime pay. For the award-free, if working long hours, health and safety legislation requires employees to have a break.

Viral video delivers an important message to employers

Lessons for business come in all shapes and sizes, as seen by a video posted to Facebook showing an Amazon driver following hilarious delivery instructions to the tee. The viral video shows the driver running to the door, knocking three times yelling abracadabra, and then sprinting back to her van. Unbeknown to the buyer, the instructions were slipped into the delivery instructions by her son.

The public has praised the driver for her commitment and attention to detail. The lesson? Acknowledging and encouraging those employees who go the extra mile is more important than ever because they are the face of your business!

What happens when no one turns up for work?

As Prime Minister Scott Morrison’s 3 Step Framework for a COVIDSafe Australia is rolling out, employers are faced with a new challenge – will their employees want to return to the workplace?

While we don’t have enough data yet to confirm if working from home is the new ‘normal’, we do know there are some challenges getting employees back to the office.

For some workplaces, such as restaurants and retail, there is no question that employees need to physically return to their workplace for the business to operate. Physical distancing measures aside, many employees may be afraid to return to work due to health and safety concerns. For these employees, employers should share their COVIDSafe risk assessment and consult with employees about the new safety measures.

What about employees who have enjoyed working from home and found it works?

Some employees may want to delay their return to the office or may not want to return at all. These employees have realised they can successfully work from home, avoid the commute and forego workwear most of the time. For organisations that can facilitate long-term remote working, different considerations need to be discussed.

Businesses have several considerations when planning a return to work where some or all of the workforce wish to continue with more flexible working arrangements. In particular, employers will need to take into consideration:

• Whether they require employees to be in the office all or part of the time
• If staggered days or hours will facilitate physical distancing requirements
• Whether any cost savings from reduced office resources offsets the costs of ensuring employees are supported at home through cybersecurity measures, ergonomic workstations and insurance requirements

Finding the right balance for both the employee and the organisation could reap long-term benefits when it comes to retaining talent. Ultimately, it’s a business decision to enable flexible working arrangements for staff and how employees who don’t want to return to the office are managed.

If you need a hand, give The HR Dept a call. We’re here to offer help and guidance on putting together your COVIDSafe plans and preparing your workplace procedures for returning staff.

Casual work … clear as mud?

A recent landmark ruling by the Full Federal Court of Australia has left employers and unions asking for a clearer definition of casual employment.

According to current laws, a casual employee is someone who does not work regular and systematic hours. In the ruling between Workpac vs Rossato, the court looked at not only the contract and payslips of the casual worker, but also the actual working relationship and hours of work.

In this case, Rossato claimed he should have been classified as a permanent employee and was therefore entitled to the benefits of a permanent employee. The court found that although Rossato was on a casual contract, his work was regular and systematic and agreed he was misclassified as a casual.

His payslips didn’t provide clear evidence of receiving a casual leave loading so the employer was unable to deduct the leave loading payments from the additional benefits they were required to pay.

What does this mean for employers?

Even in the case where an employee is happy with their casual status and leave loading, the employer runs the risk that once their working relationship ends (especially if it doesn’t end well), the casual employee can make a similar claim as Rossato.

Reviewing your casual employees and their agreements to determine if their work has become more regular is important to ensure you are compliant. If you are concerned that your casual contracts and processes may be at risk, call us.

JobKeeper may be changing, are you prepared?

With lockdown ending sooner than originally expected, and only 3.5 million workers receiving JobKeeper payments, the Treasurer is reserving his right to vary the JobKeeper Payment Scheme. In fact, JobKeeper payments could end earlier than the original timeframe of September.

A full update is expected mid-July. Although for employees of Childcare Providers, we’ve already heard JobKeeper payments will end on 20 July. In this industry, there will be a transitional payment of 25% of their fee revenue from 13 July until 27 September.

With potential changes looming, including the possibility that JobKeeper payments will be stopped earlier than expected, employers should prepare now. By doing workforce planning and considering different outcomes, businesses can be ready for any potential changes that could be announced.

Contact us if you need assistance with planning for different workforce scenarios and outcomes – including how to manage staff reductions, if required.

Redundancies: make it personal

When you read the headline 3500 employees laid off in 3-minute Zoom call, you may think “what?”.

There’s no doubt coronavirus has impacted many businesses. But before making employees redundant, ensure you know your options which include:

• Can they take leave?
• Can you stand them down?
• Can you reduce their hours?

If there’s no other alternative and you must make them redundant, remember to show compassion and consideration for their mental health and wellbeing.

While coronavirus has changed many things, it hasn’t changed the requirement to act lawfully.

Where possible, tell employees in person, one-on-one. Give them some time to ask questions so they understand their situation and yours. Not doing so can lead to implications further down the track should employees lodge a grievance with their union or Fair Work Australia.

If you’re in doubt about your options and the best way to talk to your team, The HR Dept can help. We’re here to guide you and support all the way.

“That’s my stapler!”

Has coronavirus and social distancing ended communal stationery? One office retailer reported a 200% increase in label makers and other office supplies. It’s a trend they expect to continue into early next year.

It seems employees are deeply concerned about shared office resources such as cutlery, coffee makers, biscuits, staplers and other shared stationary. There’s even consideration for offering personal mini-fridges.

Is any of this taking things too far? Do employers need to get the labelling machines out?

Having protocols in place for high traffic areas and shared resources could help ease employees’ fear when returning to work. Contact us for advice on what to do with shared resources.

New health & safety toolkit to help
your business return to work

Does the thought of sifting through all the information regarding COVID-19 feel overwhelming? You’re not alone. With changes coming thick and fast, it wouldn’t be amiss for you to have thrown your hands in the air to yell “what now?”.

Help is at hand. The Safe Work Australia website now has easy to access, industry-specific guidance around COVID-19. The comprehensive updates cover everything you need to know about ensuring your workplace is COVID-safe, including guidance around physical distancing, personal protective equipment, wearing masks, cleaning, workers compensation, how to conduct risk assessments and design emergency plans. There are even case studies to help explain how to manage coronavirus risks in the workplace.

Go to COVID-19 Information for workplaces. You can either start by using the drop-down lists at the top of the page to filter through content, or you can scroll down to specific information further down the page. The resources are tailored for:

• Employers, small business or workers
• The industry you work in (there are 23 industries covered and a general section if your industry isn’t listed), and
• Relevant health and safety topics

Physical distancing measures

One of the top considerations in your return to work planning is how to manage physical distancing (social distancing). Physical distancing helps to reduce the spread of coronavirus as it’s most likely caught by breathing in micro-droplets from another person sneezing, coughing or exhaling.

Current health advice for workplaces recommends four (4) square metres of space per person while still maintaining physical distancing of 1.5 metres from others where possible. The  COVID-19 Information for workplaces details how to calculate this space and any other questions you may have regarding physical distancing.

Wearing masks in the Workplace

Whilst there are instances where face masks are appropriate, current guidelines from the Australian Government Department of Health indicate there is little evidence the use of masks by healthy people will prevent the transmission of coronavirus.  When using face masks in the workplace, employees need to be trained on how to wear the masks and dispose of them correctly.

For comprehensive information on these topics and other questions, see  COVID-19 Information for workplaces for more information or speak to us.

Can I ensure all staff are safe by making
the COVIDSafe app mandatory?

Latest figures show over 5.6 million Australians have downloaded the coronavirus tracing app. Called COVIDSafe, the Federal Government is encouraging millions more to do so to help ease restrictions. But can employers enforce downloads of the COVIDSafe app?

What is the COVIDSafe app and how does it work?

The COVIDSafe app is a public health initiative between the Australian Federal Government and the medical fraternity to help with contact tracing of the coronavirus. The app uses Bluetooth to look for other devices within 1.5 metres which have the app installed. The date, time, distance, duration of contact and the other user’s reference code are encrypted and stored on the device for 21 days, before being deleted.

When a person is diagnosed with COVID-19, they will be asked for permission to have the data uploaded to the National COVIDSafe Data Store.  The anonymised contact information captured by the app will assist the state and territory health officials to support their contact tracing process.

The app is entirely voluntary

Employers cannot legally make employees download the app. Downloading is voluntary. In addition, employers cannot recall work devices to unilaterally install the app on them.

The new biosecurity laws for the app go a step further. Employers cannot discriminate against or dismiss an employee for choosing not to download the app. Doing so can result in hefty fines and a five-year prison sentence.

Employers need to act cautiously to ensure the use of COVIDSafe by employees is voluntary. While you can encourage employees to download and use the app, you’ll need to find other ways to mitigate risk, for example, by conducting a COVID-19 risk assessment. The HR Dept can help you with that so please get in touch.

The impacts of COVID-19 on your
people as they return to work

The Government has rolled-out their three-stage plan to start easing coronavirus restrictions, including looking at transitioning employees back to their office or workspace. So, what will post-lock-down look like for your business?

After getting a good taste of the freedom and flexibility of working from home, employers might see a rise in requests to work from home. The successful trial of remote meetings via video conferencing paired with social distancing measures will now impact the way many business meetings are held.

Returning to work might leave many employees feeling anxious over their health and safety. Some may feel reluctant about carrying out certain duties. Carrying out a COVID-19 risk assessment to identify hazards and make adjustments could help reduce some of this anxiety.

The Coronavirus has impacted us mentally as well – some more than others. It’s a good time to review your health and wellness policies to ensure they support impacted employees as best as possible. Get in touch with the HR Dept for help in making any necessary changes.

JobKeeper – modifying employment terms

These are not normal times and they require extraordinary measures to help keep businesses afloat. One of these measures is JobKeeper. The Fair Work Act of 2009 has had Part 6-4C, ‘JobKeeper enabling directions’ added to help employers who qualify for the JobKeeper payment, deal with the economic impacts of COVID-19.

‘JobKeeper enabling directions’ temporarily modify employment terms and conditions. These directions could be in relation to an employee’s

• location of work
• days and times of work
• duties to be performed
• use of annual leave under certain circumstances

JobKeeper registrations opened on 20 April and from 4 May employers have been able to identify their eligible employees. JobKeeper applications close on 31 May 2020 for those who intend to claim wages for the April and May JobKeeper fortnights.

If you have registered for JobKeeper payments, remember to submit your monthly business declaration.

When staff work from home, does it change
workers comp and insurance requirements?

Regardless of where an employee works, insurance and compensation still need to be covered and understood. That means, you’re still liable for workers compensation if employees get a work-related illness or are injured when carrying out their duties while working from home.

Device, equipment and furniture insurance can be a little tricky. Make sure you’re clear on what will be covered by whom should there be any damage to, or loss of company property.

Check-in with your insurer to make sure your equipment and devices are insured when employees work from home. Employees should advise their personal home and contents insurer if they are working from home.

Summary of COVID-19 support for
businesses and their employees

Unprecedented times have called for unprecedented measures to support Australian businesses impacted by COVID-19. With the changes coming thick and fast, we’ve compiled a summary of the latest updates to help you navigate them.

The JobKeeper Payment

If your turnover has been impacted by the coronavirus, and you employ staff, you may be eligible to receive the JobKeeper Payment. There are a number of criteria you need to satisfy but essentially, the Payment is available to eligible employers including companies, partnerships, trusts, sole traders, not-for-profits and charities. The Australian Government will provide $1,500 per fortnight per eligible employee for up to 6-months to businesses registered for the JobKeeper Payment.

You may find this Australian Government Fact Sheet useful and of course, you are welcome to speak to us.

Support to retain apprentices and trainees

Australian small businesses employ around 117,000 apprentices and trainees. The Government is keen to keep them employed and training so it has introduced a subsidy for trainees or apprentices who were in-training with a small business as at 1 March 2020.  To apply, an eligibility assessment is required by an Australian Apprenticeship Support Network (AASN) provider.

Flexibility for modern awards

Temporary changes have been made by the Fair Work Commission to enable more flexibility within modern awards. To date, 102 awards have been varied. Contact us for more information.

Free childcare to keep people in work

In a bid to ensure childcare centres stay open, the Australian Government has announced the Early Childhood Education and Care Relief Package. The package makes childcare free during the coronavirus pandemic and will be reviewed in three months’ time.

Businesses having to close, reduce hours or stand down employees

Not all employees will be eligible for JobKeeper Payments, and some businesses may need to close, reduce their opening hours or stand down employees. To support impacted employees, the Federal Government has added a COVID-19 supplement to JobSeeker payments, widened the eligibility criteria for the payment and increased the payment amount.

Financial support available to businesses

The Federal Government has continued to build on its economic stimulus plan, announcing the second stage of economic stimuli in a bid to keep businesses open and see households through this crisis.

Keeping on top of new information

With so many changes afoot and no slowdown in the amount of new information coming through the door, keeping on top of things can be a big ask. The HR Dept is here to help. Our capable team are here to provide expert support in a myriad of ways, from helping you understand changes to awards, through to business continuity, remote working support, managing absences, understanding pay, restructuring your workforce and more.  Please let us know how we can help you.

How to discuss reduced hours or
job loss with employees

It’s no secret that many businesses and their employees have taken a huge financial hit thanks to the coronavirus pandemic. We urge you to be sensitive to the financial well-being of employees when reducing hours or standing down staff. After all, financial well-being is an important aspect of an employees’ overall well-being.

How do you handle these tough decisions right now?

Start by being open with your employees. Discuss their options with them, being mindful of the stress these discussions may cause. During discussions, signpost and highlight the support available to them such as emergency relief from community organisations, additional Centrelink support through JobSeeker payments, and early access to superannuation payments.

Additional support may also be available through their banks. Encourage them to approach their creditors to discuss their hardship provisions. If they are unable to manage or are overwhelmed, encourage them to access the free and impartial debt counselling support available to them.

Remember, if you are too uncomfortable or troubled by having this type of conversation with your employees, ask us for help. We can guide you through the process or have the conversation on your behalf.

Video conferencing support for
remote workers

We’ve entered new territory, where working from home is the new norm for many. This transition may be difficult for some staff but once the novelty of working from home wears off, employees may need advice and guidance to help them stay motivated and productive.

It’s also the era of digital conferencing which could be unfamiliar territory for staff. Provide them with additional support by:

• Helping employees learn the basics of their video conferencing technology.
• Reminding them to dress appropriately – especially from the waist up!
• Asking staff to have a neutral backdrop to avoid embarrassing or humorous frames with family members or loads of washing in the background.
• Encouraging video-based meetings to be purposeful, concise and considered.
• Encouraging employees to maintain professional etiquette by removing distractions, keeping eye contact with the camera and to only unmute their microphone when speaking.
• Beware of chat facilities! Remind employees that the chat facilities will be recorded to avoid the chat area from becoming a private whinge fest.

Blurring lines

When working from home, it’s easy to blur the lines between work and leisure, causing employees to work too much or not enough. So:

• Start the day with a call to help employees maintain a daily routine.
• Encourage employees to create sign-off rituals at the end of the day to help them switch off.
• Remind them to report sick days as per company policy.
• Keep an open dialogue on how they’re managing.
• Promptly discuss any behaviour that is not healthy or productive.

Most of all, let them know you are there to support them and work through any challenges together. If you need help to manage your team remotely, talk to us.

Crisis leadership and keeping your team motivated

In times of crisis, employees need strong leadership. But leadership has become a whole new ball game.

The secret to successful crisis leadership is to support your managers and team leaders and upskill them as you go. Pinpoint employees who show leadership capabilities and upskill them as well.

To keep your remote-working employees motivated during the lockdown ensure you:

• Keep communication lines open. Make it a priority to keep staff in the loop when it comes to what’s happening in the business and any changes that may be coming. An employee’s need to feel engaged and part of a team doesn’t change when they work from home. If anything, it becomes more important.
• Adjust your expectations. Be clear about what you need to do and how you’ll do it – taking into account each employee’s personal challenges.
• Keep an eye out for subtle changes in behaviour. Your team are under an immense amount of pressure, their reactions may not be positive.
• Upping your praise. Define what success looks like and be willing to praise any efforts made.

Everyone needs support from their leaders so if you are feeling challenged with this new era in leadership, get in touch. We’re here to help.

Boosting morale through community spirit

Australian’s have great community spirit. The principle of Australian ‘mateship’ often brings people together during a crisis or emergency in new ways to help those in need.

Volunteering is one way to do this. It presents many opportunities for business communities by:

• Boosting morale
• Offering physical and mental health benefits
• Providing employees with an opportunity to work on transferable skills such as problem-solving and teamwork

In the midst of our Coronavirus shutdowns, you can still volunteer to help others. In fact, in some ways, it’s even more important to do so. To sign up for volunteering during the pandemic, contact Volunteering Australia, or visit the Go Volunteer website to find current volunteering opportunities.

Firing casuals – what you need to know

Hiring, managing, and dismissing casual employees is more complicated than you may think. To ensure you are safe from unfair dismissal claims, you need to be aware of the ongoing changes to what defines a casual employee.

Defining ‘regular and systematic’
Earlier this year Bed, Bath and Table was found to have dismissed a casual employee unfairly. The case led to the Full Bench of the Fair Work Commission (FWC) clarifying the meaning of ‘regular and systematic’ to qualify whether a casual employee is protected against unfair dismissal in the Fair Work Act 2009 (Cth) (Act).

When looking at whether a casual employee is working on a regular and systematic basis, the Full Bench determined that it is the ‘engagement’ itself that must be ‘regular and systematic’, not merely the hours and days worked.

In the case against Bed, Bath and Table, the employee had worked consistently for three days a week; however, the hours and duration of each shift varied greatly. Based on this information, the FWC concluded that the employee’s work was regular and systematic. Because of this, it was determined that she had worked the minimum employment period of six months of continuous service and was, therefore, entitled to protection under the Fair Work Act.

Rostering arrangements matter
Another recent claim of unfair dismissal (this time against MAS Australasia Pty Ltd) in which a ‘fly-in-fly-out’ (FIFO) casual applied for unfair dismissal, has highlighted the role of rostering in defining whether time-off counts towards continuous service or not.

In this case, the rostering of work and non-work periods formed an integral part of the work cycle and, therefore, counted towards the calculation of continuous service.

Both cases put a spotlight on the fact that casual employment can be complex and does not necessarily come with immunity from unfair dismissal claims. Make sure you understand your employee’s entitlements (under their awards, enterprise agreements and the Fairwork Act) to ensure your practices meet your obligations.

For support and advice regarding casual employment and staff performance, contact The HR Dept.

How to protect your workplace against coronavirus

The Coronavirus (COVID-19) has had an enormous impact on our supermarkets and, chances are, you’ll feel the uncertainty in the workplace as well.

Following sensible hygiene practices can help reduce the spread of the Coronavirus at your workplace;

• Ensure staff have a clean place to wash their hands with hot water and soap and encourage them to do so … OFTEN
• Supply hand sanitiser gel and tissues
• Remind staff to cough into their elbow, not their hands
• Increase your general cleaning routines for surfaces such as door handles, handrails etc.
• Communicate openly and regularly with your people. Provide the latest information from reputable sources e.g. health.gov.au and listen to their concerns.
• If you haven’t already got one, develop a business continuity plan and regularly review it as the situation changes. Consider what functions/roles are essential and what can be changed or stopped for a period of time.
• Test your systems and infrastructure so you know whether people can work remotely if required.

We advise you suspend non-essential international travel to high-risk countries. If travelling abroad, staff should practice good hygiene. Encourage them to use disposable gloves in public places and to take hand sanitiser to reduce the chances of infection.

While away and upon their return, encourage them to monitor their health. Get them to seek medical advice and diagnosis if they experience symptoms while travelling or within 14 days of returning to Australia.

For the latest travel advice, see SmartTraveller.

Navigating remote working option in uncertain times

Like it or not, remote working is here to stay; it can even be a drawcard in the recruitment process. A 2020 report on the state of remote work by Buffer and AngelList, shows working from home can be beneficial for employers and employees.

To optimise home working, employers should make an effort to keep employees involved and engaged. Make sure you have easy and open lines of communication to help colleagues connect.

Remember to track productivity, such as measuring task completion, to ensure workers don’t slack off. Have processes in place and clear communication should they not be meeting their targets.

A WFH (Work From Home) policy and process can help both with managing productivity and in times of disaster, such as the recent bushfires, floods and the impact of the Coronavirus outbreak.

For assistance in developing your own Work From Home policy so you’re prepared for any workplace interruptions, contact The HR Dept.

Respect@Work: What the report means for you

Movements such as #MeToo and #LetHerSpeak have sparked global discussions about sexual harassment. Added to this, the 2018 national survey on sexual harassment at work by the Australian Human Right’s Commission (AHRC) found a significant increase in sexual harassment in the workplace with:

• One in three people in the last five years have experienced sexual harassment in the workplace including sexually suggestive comments, requests for sex, indecent exposure and leering behaviour
• Less than one in five made a formal complaint.

Bolstered by the need for reform, Federal Sex Discrimination Commissioner, Kate Jenkins, initiated a ground-breaking, world-first, national inquiry into sexual harassment in the workplace. The resulting report titled Respect@Work, was released just before International Women’s Day. It has important implications for employers.

The report outlines the impact of sexual harassment at work for both individuals and business. If left unaddressed, it can damage a person’s mental and physical health and result in costly fair work claims. The report conservatively estimated that sexual harassment cost the Australian economy around $3.8 billion in 2018.

The 55 recommendations put forward in the report to address pervasive sexual harassment in the workplace include the introduction of a ‘stop sexual harassment (SSH) work order” in the Fair Work Act. These changes will make sexual harassment ‘conduct amounting to a valid reason for dismissal in determining whether a dismissal was harsh, unjust or unreasonable’ in the Fair Work Act.

Jenkins calls on “all employers to join in creating safe, gender-equal and inclusive workplaces, no matter their industry or size. This will require transparency, accountability and leadership. It will also require a shift from the current reactive model, that requires complaints from individuals, to a proactive model, which will require positive actions from employers”.

For advice on how the report could impact your workplace culture, contact us.

Employee mocks management and gets away with it

Who would have thought that being a larrikin could be problematic? Last month, BP was ordered to reinstate an employee after he was fired for mocking management in a Hitler meme. Say what? The Fair Work Commission (FWC) found that the employee had shared a private joke among mates out of office hours and had seven years of ‘unblemished work’ for the company.

To avoid claims of unfair dismissal in situations like these, where there’s a fine line, any instances of misconduct must be addressed by following the right procedures. Don’t know how to ensure you have it covered? The HR Dept is here to help.

Do you know of a workplace where everyone gets along all the time?

No matter how extraordinary your culture and employees are, at some point conflict will rear its ugly head. When it does, you need to be ready.

Potential conflict trigger points
There are 4 trigger points you should be wary of if you want to stop conflict from escalating.

1. Poor communication (or lack of communication) can easily lead to misunderstandings. It can encourage gossip, lower employee morale and even impact productivity.

2. Personality clashes occur when people fail to understand or accept each other’s differences and are therefore easily insulted. This leads to conflict.

3. In some industries, competition between employees is encouraged; for example, when sales or production is linked to wages. Unhealthy workplace competition develops when the level of competition escalates into sabotaging behaviour. The outcome can be a hostile workplace in which teamwork is discouraged.

4. Differing values and work practices, such as those caused by generational gaps, can also lead to conflict. Again, an unwillingness to understand and accept different viewpoints can cause issues.

Unresolved conflict can harm productivity and company culture
Workplace conflict has been linked to absenteeism, poor customer service and the perception of poor company culture. This will negatively impact your ability to recruit great talent. Even worse, conflict can hurt your bottom line if it escalates into bullying or harassment allegations. In these cases, costly legal support may be needed to help resolve the situation.

Having a conflict plan and policies in place will ensure your managers are equipped to manage conflict. Your plan could include simple, cost-effective solutions such as:

• Regular 1-on-1 time with employees in which they can confidentially raise issues
• Objective investigations of any issues raised
• A willingness to take action should conflict arise
• A proactive approach to incorporating team building activities into your workplace culture as they assist in developing understanding and respect between team members

The HR Dept is here to help you put the right policies in place, and should conflict arise, show you and your team the best way forward.

Look around your workplace. What do you see?

Successful teams work together, sharing the same goals and values as each other. That’s why workplace culture is so important. But in the search for a cohesive team, many business owners mistakenly recruit a homogenous team.

So look around your workplace. Have you recruited the same “type” of person over and over again?

Diversity and inclusion offer tremendous possibilities to business because they provide an opportunity to harness greater creativity and innovation. How so?

Diversity and inclusion mean having people of different races, gender preferences, abilities (or disabilities), religious beliefs, and even ages within your workforce. Each can offer their own viewpoints and experiences to help broaden your team’s understanding, provide a different perspective and come up with fresh and inventive ideas.

Best of all, by shifting your attitudes on diversity from HR challenge to asset, you’ll open the door to a much broader pool of potential staff. That has to be great for business! Conversely, ignoring diversity and inclusion could lead to reputational harm to you and your business – especially if your customers, team or stakeholders value it.

A threat to diversity and inclusion
The Diversity Council of Australia (DCA) has raised questions regarding the Australian Government’s religious discrimination bills. They’re concerned the bills will limit the ability of organisations to foster a diverse and inclusive workforce. DCA’s CEO, Lisa Annese, states that the DCA proactively supports their members in creating workplaces where religious belief is afforded the same dignity and respect as other attributes of a person’s identity. The new bills threaten this balance.

For advice on creating a diverse and inclusive workplace, contact The HR Dept.

People get sick. It’s a given. Can you dismiss them for being sick or injured?

According to the Fair Work Act 2009, employees (not casuals) are entitled to paid sick leave if they are ill or injured. It’s known as personal leave. Under section 352 of the Fair Work Act 2009, it’s unlawful to terminate an employee who is on a temporary absence due to illness. An illness or injury is no longer a temporary absence if it extends for more than 3 consecutive months or accumulates to over 3 months in a 12-month period.

The employee has an obligation to notify their employer of their absence and provide reasonable forms of evidence. These include a medical certificate stating they’re unfit for work or a statutory declaration. They must be provided as soon as practicable when requested by their employer.

While failure to do so can result in the employee no longer being protected from dismissal for a temporary absence, they may still be protected by other workplace claims such as unfair dismissal, so tread cautiously.

Before considering dismissal, an employer must demonstrate they’ve made every effort to obtain evidence and considered reasonable adjustments to a person’s role.

If you have a similar situation at your workplace, contact The HR Dept.

Are you guilty and don’t know it?

A recent survey by the Australian Payroll Association has revealed some shocking stats that highlight issues within payroll. The survey of 630 payroll managers identified that underpayments continue to be a big problem. In fact, the survey found that millions of workers may be missing out on wages they’re owed.

The survey also found the larger the organisation, the more likely they were to have made payroll mistakes.

These findings come as Fair Work increases investigations into organisations across Australia. Most recently they completed national audits on emerging fast food, restaurant and café franchises. The investigation has recovered more than $730,000 in unpaid wages, finding that 50% of the businesses investigated were underpaying staff.

It highlights the risk to employers who underpay employees (even by accident). These risks include huge fines or possible jail time for non-compliance to payroll laws.

We can help you with payroll compliance. Don’t risk investigation and possible prosecution. Contact The HR Dept today.

The findings are in. Pot plants are heroes?

Research into the benefits of office plants prove they not only look good, they can help reduce sick days and stress. Reported benefits include:

• Purifying the air
• Reducing anxiety, depression, anger and fatigue
• Increasing productivity and creativity
• Reducing a small amount of background noise

Plants that have broad leaves and cope in low light are best. Ideally, there should be at least one medium-sized plant per 2.2m2. Avoid any plants that may flare allergies like hayfever.

Ask The HR Dept for more tips on how to combat stress and reduce sick days in your workplace.

4 New year’s resolutions to kick start your business in 2020

January is the month for new year’s resolutions, so why not extend your focus and set clear goals for your business as well? Here are four great new year’s resolutions to consider for 2020.

1. Review your contracts, policies and procedures
Times change, making older policies, procedures and contracts out of date. By ensuring they reflect any changes in your business, the law and employee positions, you can prevent future problems.

If you feel overwhelmed by the thought of all that paperwork, don’t be. Choose the policies, procedures and contracts that matter most to your business. Then start with those. The most common policies and procedures for businesses to focus on are:
• Code of conduct
• Privacy
• Annual leave and leave requirements
• Working conditions

2. Review performance management
Maximising employee performance is a no brainer. Start managing performance during probation and continue for the term of their employment.

Employee appraisals are a great measurement tool to identify and deal with underperforming employees. They’re also good for business. If poor performance is ignored, it can negatively impact customer service, profit and culture. Conducting regular employee appraisals gives you an opportunity to address performance issues before they get out of hand.

If the thought of performance management makes you break out in a sweat, why not consider outsourcing it or investing in additional training? We offer training programs for managers and employees or we can assist you to manage all aspects of employee performance so you don’t have to go it alone.

3. Focus on employee retention
One of the best ways to boost employee retention is by having meaningful employee benefits. Flexible working benefits have been proven to improve employee retention. They include things like flexible start and finish times, offering part-time work, the option to work at another location or a combination of these. When considering employee benefits, choose the options that will work best for your business.

4. Invest in a training and development plan
Training can feel like a catch 22 – if you train employees, they leave for greener pastures; if you don’t, they stagnate. It doesn’t have to be this way. With the right policies in place, ongoing training and development can boost productivity and improve employee retention.

Consider creating an employee training and development plan that identifies future skills gaps and then upskills staff through regular training that works around your busy operational schedule.

To explore setting reasonable and meaningful people management goals for your business, talk to The HR Dept today.

Employee exhaustion and the knock-on effect of bad leadership

Employee exhaustion is officially a thing. The World Health Organisation (WHO) recognised employee exhaustion as a chronic workplace stress in 2019. Not only that, it seems ‘bad leadership’ can contribute to workplace stress.

Bad leadership can come in the form of incompetence, abusive practices, poor management skills or questionable ethics.

In terms of your bottom line, employee exhaustion can cost your business between 20 – 50% of your turnover. The signs of employee exhaustion include:
● Feelings of energy depletion or exhaustion
● Increased mental distance from one’s job
● Feelings of negativism or cynicism related to one’s job
● Reduced professional effectiveness

How do you ensure your leaders aren’t causing employee exhaustion? Psychometric testing is a proven, scientific method for analysing the attributes of your leaders (and it’s cost-effective). We offer Psychometric testing to help you determine whether the people in your business have the right leadership qualities.

Ensuring you have the right people leading your business makes perfect sense. Call The HR Dept to get started.

Are employee financial problems affecting your bottom line?

Research shows when employees are experiencing financial stress, productivity drops. It can also cause presenteeism, low morale and absenteeism. These will all impact the bottom line of your business.

On a personal level, financial stress can negatively affect an employee’s mental and physical health.

In a nutshell, not addressing an employee’s financial wellbeing is bad for business.

What can you do to help?
Implementing a financial wellness program can make all the difference and it doesn’t need to be expensive or complicated. Simple things you can do include:

● Placing information on a staff noticeboard or sending an email to all staff about external resources such as the free National Debt Helpline and counselling services.

● Being aware of the financial impact work social activities can have. Look at creating flexible options for social events that support financial diversity.

● Be mindful that financial issues are sensitive. Tailor your support to take into account the embarrassment some employees may have about discussing their financial situation.

● Look at your employee benefits mix. Which benefits will help employees who are suffering from a lack of financial wellness?

● Check whether your default superannuation fund provides any additional employee benefits like information sessions and financial planning.

For advice and support on how to include financial wellness in your health and wellbeing program, call The HR Dept today.

Many employees don’t feel heard, do yours?

Research shows having a regular feedback loop with employees has many benefits including:

• Greater employee engagement
• Reduced staff turnover
• Improved employee performance

Ultimately, all these things will positively impact your business so perhaps it’s time to implement regular employee surveys to give your staff a voice?

Creating regular feedback surveys may feel daunting and sound expensive, but that doesn’t need to be the case. We offer a cost-effective survey service to make sure your employees feel heard. Call The HR Dept today to discuss how you can implement employee surveys in your business.

Bushfires causing hazardous commute. What can you do to help?

As you’d be aware, bushfire smoke is creating hazardous air pollution. On some days, our air quality has taken us to the top of the list of cities with poor air quality.

The smoke is causing great concern for many employees and affecting the health of some. While P2 masks can help, they’re a poor alternative to avoiding the smoky commute altogether.

We recommend you give employees the choice of working from home if it’s feasible for your business. If you’re in an industry such as retail or catering where it’s impossible, consider the effects of the commute and do what you can to mitigate the risks for both you and your staff.

Make the most of the new year talent explosion

Now is a great time to start thinking about recruitment. Why? For many people, the new year ushers in an opportunity to start afresh, and that includes looking for new work opportunities. This makes it an excellent time to bring in new talent.

But finding the right talent for your business can be tough, especially for smaller businesses who lack the resources of their larger counterparts. In recent research by a specialist recruitment agency, a whopping 78% of Australian business leaders believed finding qualified professionals will become harder over the next five years.

The survey found recruitment hurdles change based on business size. There isn’t a one-size-fits-all solution. Instead, know what your recruitment barriers are and identify how to mitigate them.

What can we learn from recruitment trends?
According to insights from the LinkedIn 2019 Global Talent Trends Report, work flexibility, anti-harassment, and pay transparency were the top trends that impacted recruitment this year.
● 84% of Australian talent professionals believe that employees want greater flexibility
● 57% believe pay transparency during recruitment streamlines the process
● 91% of Australian talent professionals see soft skills as the most critical skills to assess during recruitment.

How does a small business find the right candidates?
A good starting point is to review your online presence and revisit your “work for us” content. But there are additional ways to effectively stand out from the crowd, such as:

1. Set goals. Have clear requirements, define success and set clear deliverables and expectations. In the interview phase, focus on tangible results.

2. Job descriptions. Both a good job description and person specification are essential when it comes to being clear about the role and the person you want to fill it. Consider the title and keywords that you are using to advertise your role. Check out the competition too. Is your offering as attractive as theirs?

3. Company culture. Company culture can be a big pull for candidates. Be open and honest about yours. Communicate your company culture and core values by including them in your job description and interviews. And remember to make sure the reality matches the sales pitch – nothing will send new starters back out of the door faster than a mismatch here.

Are you ready to get your recruitment right? Talk to The HR Dept team to get the best advice and support for your recruitment process.

Managing staff leave over Christmas and New Year

Christmas can herald a slow-down for some businesses and a peak period for others. This makes annual leave hard to manage. When deciding what to do, remember to consider the knock-on-effects and the implications of your decision.

The Fair Work Act 2009 states that forced leave (paid or unpaid) may be reasonable if a business is shutting down over the Christmas/New Year period. However, if it’s all hands-on deck to keep the business running, the Act states you cannot unreasonably refuse an employee’s annual leave request.

When it comes to leave, the Awards and enterprise agreements that apply to your employees will clearly indicate what you can and can’t do, and how much notice should be given.

Don’t forget the personal impact of leave. Forced leave could disrupt any travel plans staff have for later in the year and forced unpaid leave will impact their finances.

Ideally, annual leave requirements for the Christmas/New Year period should be included in the employee’s contract of employment. If you haven’t put a policy in place for this year, be sure to do so for next year. The HR Dept is here to help you prepare for the Christmas period.

Attract and retain great employees with manageable employee benefits

Attracting and retaining great talent is difficult these days and not every business can offer a Google-style benefits package. Surprisingly, cost and extravagance aren’t the keys to a successful benefits strategy. You can attract and retain employees simply by demonstrating your investment in them, and importantly, it doesn’t have to break the bank.

How do you put together a cost-effective, meaningful benefits strategy? There are six simple steps to help:

1. Communicate with existing employees. Find out what would benefit them. Listen to what staff say and identify what really matters to them.

2. Get the basics right. Start by meeting the statutory requirements for benefits and build upon them.

3. Align your benefits to your business. Your benefits strategy should always complement your business strategy and values.

4. Review the competition but don’t copy them. Instead understand what they offer and what your specific industry standards are. This may highlight some obvious options you hadn’t thought of.

5. Take a long-term, holistic approach. Build a benefits strategy that supports different areas of your employees’ lives and their changing needs over time, while working within the constraints of your business finances and workload.

6. Be flexible. Provide options to appeal to the needs of a broader employee base so staff can choose what works for them. Examples of benefits that work well include flexible working, team outings and health benefits.

Need help with creating a meaningful benefits strategy to recruit and attract great staff? The HR Dept is here to help.

“Can I refuse a job applicant with a criminal record?”

Checking a job applicant’s criminal record as part of the application process has become a widespread practice. Until recently, although it was unlawful for an employer to discriminate against a job applicant because they have a criminal record, employers could argue an exception if they felt that simply having a criminal record rendered the applicant unable to fulfil the ‘inherent requirements’ of the position (such as trustworthiness or integrity).

A new amendment to the Australian Human Rights Commission Regulations 2019 (2019 Regulations), which commenced on October 1 this year, means it is now unlawful to discriminate against a job applicant because of their criminal record if the applicant has an ‘irrelevant criminal record’. In other words, you cannot refuse employment if the conviction is irrelevant to the role.

If you are unsure how to apply the changes within your recruitment process, contact The HR Dept to help you identify what you can and can’t do.

Paid breaks and the law – what gives?

A simple enquiry from an employee about meal breaks recently led to a courier company facing legal action for underpaying employees. The business, Couriers Please, discovered they hadn’t paid current and former employees for their 20-minute lunch break since 2010. The lunch break is part of their entitlement under the Road Transport and Distribution Industry Award 2010.

This was a significant breach of workplace law which resulted in a Court-Enforceable Undertaking with the Fair Work Ombudsman.

The lesson? Be aware of employee entitlements and ensure you’re compliant to avoid massive fines, legal action and having to make back payments. If you’re unsure of your obligations, give The HR Dept a call.

Beware! You could go to jail for underpaying your staff

If you’ve been listening to the news, you may have heard that Woolworths has been caught underpaying staff by as much as $300 million. And they’re not the only ones who have been exposed.

Companies such as Dominos, the Commonwealth Bank, Made Establishment, and Sunglasses Hut are amongst those who have been called out for similar indiscretions.

Wage underpayment and theft seems to be rising in prevalence, and the Fair Work Ombudsman is taking this very seriously as can be seen by the number of businesses who are being investigated and caught out. Underpaying your staff could have dire consequences for you and your business, especially if proposed changes to legislation are approved.

Current laws already include fines and possible jail time for offenders. However, after reviewing the effectiveness of current employment laws, the federal government is considering harsher penalties against wage theft.

Almost three-quarters of New South Wales businesses audited in 2018 were found to have made errors in payroll according to the 2018 Fairwork Commission Report. The complexity of the modern award system and mistakes in HR/payroll systems have been blamed for the increase in wage underpayments.

Excuses aside, a salary is a legal contract with an employee, and by not honouring it, you are breaking the law. The New South Wales Government is taking this issue seriously. This month, it’s launching a free legal service for migrant workers and temporary visa holders who are being exploited. The service will be funded for three years to help hundreds of workers each year who feel they have been unfairly paid or dismissed.

If companies such as Woolworths and the Commonwealth Bank get it wrong with all the resources at their disposal, how are small to medium businesses meant to get it right? We’re here to help!

The HR Dept are here to provide expert advice to help you get your payroll right and to comply with all regulatory requirements.

Reality TV star wins a case for compensation

It might seem crazy, but a recent court case with the NSW Workers Compensation Commission has defined a Reality TV Show Contestant as an employee, despite her contract stating otherwise.

Nicole Prince, a contestant in Seven Network’s House Rules, was awarded compensation for psychological injuries gained while competing on the show. The landmark court case ruled that contestants are employees, bringing into question what other benefits they are entitled to, such as mental health support.

The case highlights the importance of understanding the definition of an employee. Things to consider are:

•  Remuneration – what are they being paid?
• What are they allowed to wear?
• Who provides the equipment and the resources required?
• Is this their only source of income?
• Who determines the person’s work tasks and hours?
• Where does risk and goodwill for services being performed lie – with the person or the business?

While this is by no means an exhaustive list, it highlights the importance of understanding the difference between a contractor and an employee. We can help you avoid any confusion so get in touch.

What happens when managers date their subordinates?

McDonald’s CEO, Steve Easterbrook, is the latest fatality for having a consensual workplace relationship. Easterbrook broke company policy governing workplace relationships. He’s not the first, and probably won’t be the last.

Having a policy around workplace romance might feel excessive, but these relationships can be fraught with danger. They can lead to favouritism and uncomfortable situations. Worse yet, what happens when the relationship goes south and things end badly. The impact on a business can be substantial.

When could a consensual relationship in the workplace be classed as harassment?

The answer really depends on the differences in seniority. The #MeToo Movement has highlighted a number of women who have been involved in ‘consensual’ relationships with their senior managers simply because they feared retribution if they said no.

According to recent research by the Society for Human Resources Management (SHRM), the world’s largest group of human resources professionals, one-third of American adults have had a workplace relationship. Work is a known place to meet people and start relationships. With this in mind, is it worth having a company policy that governs workplace relationships, and how complicated should it be?

A 2018 survey of 150 HR Executives by Challenger, Gray and Christmas, an executive coaching firm, found that 78% of companies surveyed have a policy discouraging dating between subordinates and managers. Perhaps all that’s needed is a policy that makes it mandatory to declare workplace relationships and requires staff to act professionally with no displays of public affection.

The HR Dept can help you identify what workplace policies will help you prevent and manage inappropriate staff behaviour.

Ghosting – The trend you don’t want to experience

A survey of job seekers and employers by job search engine Indeed found 83% of employers have been ghosted. Ghosting included:

● not replying to recruiters
● not showing up for interviews
● failing to sign the paperwork
● failing to turn up for the first day of work

The survey also identified these reasons for ghosting:
● An underwhelming offer
● They changed their mind and weren’t comfortable saying so
● They didn’t get along with the recruiter
● They didn’t know what to do

The HR Dept offers these tips to ensure candidates have a positive experience and don’t ghost you:

● Understand the job market. Is your offering competitive?
● Keep it simple. Long and arduous recruitment processes will disengage candidates.
● Sell yourself. You are probably not the only company they’ve applied to. Why should they choose you?
● Read the signs. Learn to spot a possible ‘ghost’ before they disappear.

Don’t get ghosted. The HR Dept can help you refine your recruitment processes to ensure you reach the right candidates and avoid being ghosted.

Work hours follow the law of diminishing returns

Research shows that work hours follow the law of diminishing returns. Productivity peaks and then starts to decline the longer an employee works. Long hours lead to a decline in employee health, significant increases in the risk of workplace injuries and increased mistakes that negatively impact client relationships.

The more your employees work, the less productive they are (in other words, you’re paying them more, for less).

Conversely, working less can increase productivity. Microsoft Japan and New Zealand company, Perpetual Guardian, both trialled four-day working weeks and were surprised at the productivity increase. Perpetual Guardian was so impressed it made the change permanent.

Talk to the HR Dept to see how you can maximise productivity to positively impact your bottom-line.

6 Tips for hiring seasonal workers

With Christmas around the corner, many small and medium sized businesses are preparing for their most profitable season. For some, like those in retail and hospitality, this means hiring extra workers to cope with increased demand and longer trading hours.

To ensure you maintain service quality and customer satisfaction, it’s worth thinking about how you’ll recruit temporary workers. Let’s face it – retail and hospitality are stressful industries with high staff turnover. So the last thing you need is to re-hire in the middle of peak season. Or, worse still, disgruntled staff taking frustrations out on customers.

Here are 6 tips to help you get your casual hiring right:

1. Start early – As Christmas gets closer, you’re only going to get busier. Get your recruitment sorted early to ensure you have staff locked in and ready to start.

2. Write clear job descriptions – Save time sifting through applications by being clear about what you need from seasonal employees. This might include certifications (such as an RSA), relevant experience and required availability. Be clear about pay rates and other specific job requirements, such as the need to be available for work during certain hours.

3. Choose where to advertise – Consider where your ideal candidates will be looking. For young workers seeking seasonal employment, you might be more likely to find them through Facebook or Gumtree ads than traditional employment sites. If you’ve had seasonal workers before, contact the good ones and check their availability. This could save you time and money.

4. Consider group interviews – Especially if you need to hire multiple people. This is a fast way to ‘weed out’ candidates by presentation, attitude and the way they interact with others.

5. Start with the end in mind – You’ve made the effort to find seasonal workers, and you’ll need them for the duration. Incentives such as loyalty bonuses can help to ensure they stay.

6. Pay correctly – You also need to ensure you’re paying casual and temporary workers correctly, which can be complex with penalty and casual rates.

The HR Dept can provide expert advice to help you find great staff, maintain your reputation and comply with all regulatory standards.

Why flex is best for employee productivity and your bottom line

Employment flexibility is more than a feel-good thing – it’s good for business with obvious benefits to employees, such as reduced commute times and the ability to work around other commitments.

But did you know there’s evidence that shows there’s other benefits for employees?

Flexible working allows people to work when they are at their peak, which increases productivity.

The 2016 Willis Towers Watson Global Workforce Study showed that Australian employees with flexible work have:

• Significantly higher levels of engagement (35% were highly engaged, compared to 23% of employees without flexibility)

• A more positive overall experience, and

• Lower turnover intention

Conversely, a lack of flexibility can cause lost productivity – resulting from underperformance, reduced engagement, increased stress and higher turnover of experienced talent.

Importantly, employers are obligated to give detailed reasons for denying a flexible work request.

Concerned about implementing flexible work? The HR Dept can provide advice to ensure your policies are great for employees and your bottom line.

Workplace bullying – don’t let it cost your business

Incredibly, two-thirds of Australians experience workplace bullying, according to a recent University of South Australia study.

While 10% of workers self-identify as bullying victims, the researchers estimate the real number is probably much higher. The data suggests that two-thirds of those surveyed have experienced bullying, but either misconstrued it as another issue, or didn’t report it.

For employers, workplace bullying can have significant, negative consequences including:

• Harming worker mental health – depression, psychological distress and emotional exhaustion are common among bullied workers. This can lead to workers taking more sick leave and being less productive (presenteeism) which damages productivity.

• Increased employee turnover with the associated loss of quality talent and increased recruitment costs.

• A breach of workplace health and safety laws if employers fail to take steps to manage the risk of workplace bullying.

This year, there have been several prosecutions of workplace bullies under State and Territory workplace health and safety legislation. In one case, a South Australian electrical company supervisor was fined $21,000 (after a 40% discount for his guilty plea) for bullying an apprentice.

Workplace bullying is defined by Safe Work Australia as “repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety”.

One potential cause of bullying is the belief that it can increase productivity, but it’s more likely to have the opposite effect.

A Safe Work Australia report from 2016 indicates the potential for widespread bullying is higher when an organisation’s management didn’t emphasise employee mental health and wellbeing.

Why risk a legal claim? The HR Dept can help you to develop a positive workplace culture and strategies for preventing and managing inappropriate staff behaviour.

Mental health – a $13 billion problem for Australian business

The results are out – mental illness costs Australian businesses an estimated $13 billion per year, according to new research by the Shared Value Project. The reason? Poor mental health affects productivity and therefore profitability.

Other research by WorkScore showed that 15% of employees are significantly affected by mental health disorders and 55% feel very depressed. The researchers discovered three key ways employers can promote mental health:

1. Engagement – Engaged employees experience 15% fewer mental health issues and are 30% happier at work than those who are disengaged.

2. Recognition – Employees with a strong sense of achievement are 30% happier, 20% less depressed and 15% less affected by mental health issues.

3. Concentration – Employees with low levels of concentration at work are 30% less happy than those with high levels of concentration.

Employers can help by encouraging staff to talk about their mental health and seek support. The HR Dept can advise on ways to promote the wellbeing of your workers.

Positively harmonious!

Want a positive workplace culture with staff who love working together? Then you might need some team-building.

One in five Australian workers (21%) say they don’t have a good office dynamic, according to 2019 research. However, half of those aged under 45 years consider their colleagues as friends. So employers need to leverage these relationships to build stronger, more productive teams.

The research shows the most desirable outcomes from attending team-building events were improved relationships, better understanding of others and improved communication skills.

Workers valued activities that involved engaging with colleagues, education and active movement.

Talk to your local HR Dept to learn more about building healthy and productive teams.

Neurodiversity in the Workplace

Most people are neurotypical, meaning their brains process information as society expects. But some, you could say, “think different” to quote Apple’s famous advertising slogan. They are neurodivergent.

Neurodivergent people are often diagnosed with a condition, which can come with stigma. The main examples are ADHD, autism, dyslexia and dyspraxia. While they can each be associated with specific difficulties which are well documented, they also often give rise to strengths which come from thinking differently.
For instance, people with ADHD may be good at completing urgent tasks, those with autism at developing deep specialist knowledge, people with dyslexia at problem-solving and employees with dyspraxia at strategic thinking.

It all varies from person to person. But recognising neurodiversity and building a supportive working environment could give you a key advantage when trying to get the right blend of skills in your business.

So what kind of accommodations could you make to help neurodivergent people fit in and thrive. Recruitment is a sensible place to start and you could reflect whether there’s any unconscious bias in your recruitment process.

Consider how adaptable your recruiting techniques are. Over-reliance on traditional methods like CV screening and the panel interview may afford virtually no opportunity to people with dyslexia or autism.

We’ve already touched on some of the neurodivergent skills which will be attractive to businesses. But what about the kind of workplace environment that will be attractive to people who are neurodivergent?

Workplaces and business processes are often designed for the neurotypical. So again, some flexibility would be welcome. For instance, if someone is uncomfortable with the noise and movement of an open plan office, could they have a seat in a less busy area and be allowed to wear headphones?

Want to benefit from a more neurodivergent workforce? Speak to your local HR Dept

Working out how to boost employee productivity

It’s no secret that exercise helps the mind and body. But did you realise healthy workers are good for the bottom line?

Exercise has been linked to increased productivity and reduced stress. For example, a worldwide survey of more than one million leaders showed that exceptional ones exercise regularly.

The benefits are so impressive that some employers are encouraging staff to work out on company time. Workplace health programs have been linked with a 25% decrease in sick leave absenteeism and a 41% decrease in workers compensation costs.

Investing in employee wellbeing can also produce an almost six-fold return on investment.

Suggestions from Exercise & Sports Science Australia include:
• Have active meetings — talk while you walk
• Active deskwork — set hourly reminders for active breaks
• Active commute — cycle to work, get off the bus a stop or two earlier or park the car further away and walk
• Active lunch — walk during breaks

For advice on creating a workplace that’s healthy for business, contact The HR Dept.

The business benefits of closing the gender pay gap

2019 marks the 50^th anniversary since equal pay for equal work was enshrined in law. Women, however, still earn on average $241.50 (or 14%) less than men per week. This means they must work an additional 49 days annually to achieve the same earnings!

Although the national gender pay gap has decreased slightly, new research suggests it could be halved by 2025.

The Closing the Gender Pay Gap report from the Chifley Research Centre models public policy interventions that would have the biggest and most rapid impact. They include:

• increased transparency to address workplace discrimination
• addressing underpayment of women in feminised industries and
• addressing the value of unpaid work and the role of men as carers

Benefits of equal pay

Achieving equal pay is more than the right thing to do. It has positive economic ramifications. With 6% more women in the workforce, Australia’s economy could gain an extra $25 billion annually.

For businesses, gender pay equity has other bonuses, including:

• creating a motivated, happy and productive workforce
• becoming an employer of choice to attract top talent
• improving staff retention and reducing turnover costs
• fulfilling your legal obligations and avoiding costly discrimination complaints
• inspiring consumer confidence and preventing negative PR from legal proceedings or allegations of gender pay inequity

The Fair Work Commission notes that gender pay equity covers more than wages. It includes allowances, performance payments, merit payments, bonuses and superannuation.

Best practice employers ensure that gender-based pay discrimination is not part of their remuneration system. The HR Dept can provide expert advice on how your business can meet Fair Work obligations and be an employer of choice for women.

Noise works? Not in the workplace!

Anyone who’s lived with noisy neighbours knows how annoying it is. But rowdy colleagues (and other workplace ‘noise pollution’) can up the irritation to new decibels.

According to Sony’s latest Sound Report, 80% of Australians encounter unwanted workplace noise – with noise from co-workers receiving the biggest complaints. For 54% of participants, unwanted noise made it difficult to concentrate, while 44% said it made them feel irritable or annoyed.

This stress can cause interrupted sleep, leading to reduced overall productivity.

Another study by Plantronics and Future Workplace showed that 81% of participants believe open-plan workspaces allow them to be more productive. However, 99% said they get distracted in that set up.

To combat this, employers can provide quiet working spaces, consider the acoustics of their office and provide noise-cancelling headphones to staff.

Contact The HR Dept for recommendations on creating a workplace that’s peaceful and productive.

Why overtime can deliver diminishing returns

It might be considered “normal” in some industries, but the cost of working overtime can quickly outstrip any benefits if it isn’t well managed.

Research shows that mental health tends to decline after working 39 hours a week.

Go beyond 48 hours and job performance will suffer, while signs of depression, anxiety and poor sleep can surface.

Working more than 10 hours a day increases workplace injury risk by 40%, and it doubles after 12 hours.

Talk to The HR Dept’s experts for advice on balancing your business needs with the wellbeing and productivity of your staff.

Foul-tasting fare – how underpaying staff could land you in hot water

You’ve probably heard the news about high-profile chef George Calombaris underpaying staff. Not only has it damaged his reputation, it’s also led to a Court-Enforceable Undertaking between his company MAdE Establishment (MADE) and the Fair Work Ombudsman.

Along with a need to backpay almost $8 million, MADE is required to make a $200,000 contrition payment. They must also self-fund external auditors to check workers’ pay and conditions and post public apologies on social media, their website and in several newspapers.

Serious breaches in relation to payments under a modern award can result in fines of up to $630,000 per breach. Company directors and even senior employees are also at risk if they are involved in the conduct.

Employers underpaying staff may soon face jail time, with Prime Minister Scott Morrison stating the Attorney-General is drafting laws to deal with criminalising worker exploitation.

Research from Ascender shows that 22% of Australians have been underpaid so
Calombaris isn’t alone. Several other well-known brands have come under Fair Work fire for underpaying staff, including Melbourne’s Crust Gourmet Pizza Bar, 7-Eleven and Endota Spa Sydney.

While the franchisee of the posh day spas admitted to making unlawful salary deductions and underpaying penalty rates and entitlements, often underpayments are unintentional.

Simple administrative errors or failure to keep up with Fair Work changes could potentially land you with serious fines and penalties.

Underpayment can also lead to significant problems for staff. They can cause financial hardship and stress. They could also damage trust, reduce motivation, and lead to a zero ‘care factor’ with staff.

Disgruntled and disengaged employees are likely to be less productive, which will negatively affect your business’s bottom line.

It’s important to remember that a salary is an agreement. You are breaking this agreement by not paying employees the stated amount.

Salaries, awards and entitlements are complex and constantly changing. As in cases like Calombaris’s, it’s easy to make mistakes.

At The HR Dept, we understand payroll. Whether you’re setting up new agreements or are concerned about potential problems, our experienced team can help to ensure you are compliant with all current regulations.

Clever ideas to prevent age stereotype

Some forms of discrimination might get more media exposure, but ageism in the workplace is one of the most common. The Australian Human Rights Commission reports that more than a quarter of Australians aged over 50 have experienced age discrimination in the last couple of years.

With Australians living and working longer, some workplaces now have four or even five generations of people working together.

Yet some workplaces maintain outdated and false assumptions about mature-aged workers such as, they are resistant to change or just waiting to retire.

Instead, employers should create a culture that considers the needs of workers of all ages. Some strategies to assist older workers include:
• offering flexible work arrangements, including things like job-sharing and phased retirement options
• providing career planning advice for all employees, including retirement planning sessions
• encouraging intergenerational collaboration and knowledge transfer by putting workers in multi-generational teams.

For specialist advice on helping your older workers, contact The HR Dept.

Oh baby! What you need to know about parental leave entitlements

For employers, navigating parental leave entitlements can seem more complex than life with a newborn!

While legal obligations are important, good employers will want to support their employees with expanding families. This helps to ensure they are keen to return to work so you can maintain their valuable skills and experience.

Parental leave allows employees to take 12 months (and up to two years) off when:
• they give birth
• adopt a child under 16 years of age
• their spouse or de facto partner gives birth

Best practice organisations are going beyond their obligations with family-friendly parental leave policies. They are including things like extended paid leave periods, offering return to work bonuses and topping up government-funded leave entitlements.

Some employers are even implementing policies that aren’t gender biased. Resource management company SUEZ, for example, is offering 14 weeks paid parental leave to the primary carer, plus four weeks paid leave for partners (secondary carers).

Kim Hall, SUEZ’s Australia and New Zealand HR Director, said the new policy would better reflect their workforce’s diversity and ensure equitable access to flexibility, career continuation and financial benefits.

Telstra have gone a step further, offering employees up to 16 weeks paid parental leave – whether they are the primary or secondary carer.

“We want every parent, regardless of gender, to be able to share caring responsibilities while maintaining their career,” explained Telstra’s Alex Badenoch. “This change removes the distinction between primary and secondary carers which are often linked to traditional gendered roles.”

The HR Dept can help you create parental leave policies that meet legal requirements and ensure you retain top talent.

Grappling with gripes? Tips for managing workplace grievances

Airing minor workplace hassles over Friday drinks is one thing, but what about when there’s a genuine grievance?

The way employers handle complaints can significantly impact the employer-employee relationship, workplace culture and the organisation’s reputation.

A workplace grievance is a formal complaint raised by an employee. It may be against another employee or the employer.

It can include allegations of harassment, bullying and discrimination as well as matters relating to employee management and organisational changes.

It’s essential for employers to recognise grievances and manage them fairly, transparently, confidentially and efficiently.

Employers are advised to have a current workplace grievance policy to define a grievance, outline the step-by-step resolution procedure and what happens once the situation is resolved.

This will reassure employees that a fair and formal process is available for their concerns.

For help in creating a policy that suits your needs, contact the expert team at The HR Dept

Device dilemmas? Managing personal mobiles at work

If you’re wondering whether your employees’ mobile phones are surgically embedded into their palms, you might have a problem. Workers of all ages may take their device habit into the workplace.

This is where a mobile phone policy is vital. Clearly laying out expectations around personal device use at work helps to avoid any confusion or misunderstandings.

It’s also crucial to document that staff have received and understood the policy.

Last year, an unfair dismissal claim around zero-tolerance mobile use was upheld because of inadequate documentation.

Contact The HR Dept for help to create a clear personal device policy.

5 Tips to attract & retain great staff – even on a shoestring budget

Findings from the latest Randstad Employer Brand research show the biggest motivator for Australian employees is money.You might be wondering, then, how to keep employees motivated when your budget is already stretched to the limit.

The good news is, there are plenty of ways to keep your staff happy and keen to stay with your organisation.

Offering flexible work can be a powerful incentive. In fact, 84% of Australians say they would turn down a job that didn’t offer it. Employers, therefore, are increasingly adding flexible work to their talent attraction and retention strategies.

“Flexible work is considered by many to be the new norm for any business that is serious about productivity, agility and winning the war for top talent,” Damien Sheehan, head of IWG in Australia, told Human Resources Director magazine.

Flexible work can include working part-time in a satellite office, co-working space or working from home. It also includes working outside the usual weekday hours.

Aside from flexible work, there are various other ways to keep employees content and loyal. Some other incentives include:

1. Training – offering on- and off-site training not only builds your people’s capabilities, it keeps them happy.

2. Recognition – this simple strategy is a highly effective way to reward your staff. But carefully consider how you go about it. Some people prefer quiet praise while others will relish recognition in front of their peers.

3. Health and wellbeing rewards – investing in your workers’ health proves you value them, plus boosts productivity and reduces sick leave. Ideas include gym memberships, yoga classes and mental health supports such as counselling.

4. Food – everybody loves to eat, so this incentive has universal appeal. Simply take the team out to lunch or organise food from each team members’ favourite cuisine or country of origin.

5. Charities and volunteering – allow time off for staff to work on passion projects or give a donation to a charity of the employee’s choice.

The HR Dept are experts on staff attraction and retention. Contact us for advice about becoming an employer of choice for top-performing talent.

Fully Sick! How to handle workers misusing leave entitlements

The “sickie” may seem to be enshrined in Australian culture, but it’s costing the economy $34 billion per year.

Public holidays are a particular problem. New research from the Australian Payroll Association found that 85% of businesses say employees take sick leave around them with payroll managers expressing concerns about this misuse of sick leave.

Another well-known ‘trick’ is employees using up their sick leave just before they quit or are fired. Some are reportedly using their doctor to legitimise taking leave that won’t be paid out on termination.

While some staff – such as those with chronic illnesses – are taking leave for legitimate purposes, others are abusing the system. Employers having this problem need to get to its root cause and consider what they can do to better engage their staff.

The HR Dept can provide expert advice on making your workplace more engaging and provide guidance on how to deal with staff who are misusing their leave entitlements.

Got the booze blues? What to do when alcohol consumption affects your workers

A drink with colleagues after work is one thing, but what if your team has a boozy night out that affects their work the next day?

Research reported in the Medical Journal of Australia found one-third of Australian workers have experienced negative effects from their co-workers’ drinking. 3.5% reported needing to work extra hours to cover for their hungover colleagues.

This extra work is estimated to cost the Australian economy $453 million annually.

Aside from the financial cost, alcohol can have significant health and social costs for workplaces. An employee may be affected by alcohol at work due to a hangover or ongoing intoxication after a big night of drinking.

This can be an occupational health and safety issue when it affects a person’s judgment, coordination, motor control or alertness. It can also lead to heightened risk of injury and illness.

Intoxicated staff might be rowdy and rude to other team members, creating an atmosphere of hostility that lasts well beyond the night out. Impaired judgment might lead to behaviours that cause irreparable reputational damage.

Nobody forgets the boozed-up employee who groped the boss’s partner or lap-danced their colleagues. Worse still, intoxicated staff could get seriously injured.

If your team is on a night out sponsored by your organisation, the damage to your brand caused by the behaviour of your employees could be irreversible. Employers have a legal duty of care to ensure a safe and healthy workplace for their staff which includes out-of-hours work events.

To avoid issues like these, The HR Dept can help you develop policies that clarify workplace expectations around alcohol use. If you already have a problem in your team, we can help you manage it without ruffling too many feathers. So get in touch.

Toy salesman finds alleged worker exploitation no fun

For the first time since they came into effect in September 2017, the Fair Work Ombudsman (FWO) has used Protecting Vulnerable Workers laws.

Melbourne man Eyal Israel (and his company), are about to face the Federal Circuit Court. Allegedly, Eyal paid eight workers unlawfully low rates – and didn’t pay some at all – for their work at Uncle Toys pop-up stores in various shopping centres.

Under the laws, the maximum penalties for serious contraventions are $630,000 per breach for a company and $126,000 for an individual. These are 10 times higher than for traditional contraventions.

The FWO also used new reverse onus of proof provisions. These require employers to disprove underpayment allegations in Court if they have failed to adequately comply with time-and-wages records and pay slip obligations.

Don’t risk a run-in with the FWO. Contact the HR Dept for accurate and up-to-date advice about all things pay-related.

Why connected staff are more productive

Humans are wired to belong – even in the workplace. A lack of connection with others can lead to feelings of isolation and effect a person’s mental health. It can lead to serious problems and is one of three factors to affect those at risk of suicide.

A sense of belonging is important for good mental health and can also boost loyalty and productivity. University of Queensland research shows employees who feel part of a group report increased positivity, motivation and overall health.

Leaders can improve productivity and wellbeing by creating a shared sense of purpose.
For guidance on how to create a collaborative workplace culture, contact The HR Dept.

Can you fire staff for dodgy out-of-hours work behaviour?

Knowing when you can fire someone for what they do on their own time is vital in helping to prevent an unfair dismissal claim.

Unfortunately, the conduct of your employees outside of work can significantly impact your business. This was highlighted in a 2018 case involving a Qantas flight attendant – Luke Urso.

Luke was unable to work after recording a .205 blood alcohol reading and incurring a $20,000 hospital bill.

After a disciplinary process, Qantas fired him for breaching their code of conduct and safety policies due to ‘drinking excessively’. The Fair Work Commission found his dismissal was not unfair, as he had a duty to be ‘ready and able’ to work.

More recently, the controversy surrounding rugby player Israel Folau’s use of social media to express his religious views emphasises the issue’s complexity. Much is at stake. Folau stands to lose a contract worth $4 million and the Australian Rugby Union could wind up in a drawn-out litigation. The whole situation could take several years of Fair Work hearings to resolve.

As an employer, you want your reputation and brand to be in the media for the right reasons. So take steps now to review employment contracts and ensure your staff understand how their out-of-hours conduct can affect their employment.

It’s a wise practice to always document your dealings with staff. This is especially so for anything formal like contract reviews and social media training.

While you can dismiss an employee for their out-of-work conduct, you need to be sure their behaviour either:

• is likely to cause serious damage to the relationship between the employer and employee; or
• the conduct damages the employer’s interests; or
• the conduct is incompatible with the employee’s duty as an employee

Understanding the rules about dismissing an employee for questionable out-of-hours conduct is confusing. Don’t risk a stressful and drawn out Fair Work claim. The HR Dept are experts in employment matters, including dismissal.

Contact them for advice about preparing comprehensive employment policies to help keep you out of sticky situations. They can also help if you have a staff issue and are unsure about how to proceed.

New employee experience impacts bottom line

Depending on where you’re at in business, onboarding staff might inspire feelings ranging from excitement to dread.

Around 86% of organisations lack a proper onboarding process according to an article appearing in HR Daily. Conversely, good onboarding programs can help staff become fully proficient 34% faster. In addition, 69% of employees were found to be more likely to stay with an organisation for three years after an excellent onboarding experience.

Author and business coach David Finkel recommends drafting a written action plan for orientating new staff with the onboarding process covering the first 3-6 months.

Ideally, onboarding should begin at the interview stage by clarifying role expectations and covering how performance will be assessed long-term.

It’s also important to give interviewees a chance to voice their opinions and ask questions.

The HR Dept can help with all aspects of recruiting. Contact them for advice about optimising your onboarding process to get your staff up and running fast.

Employee, trainee or unpaid intern? Why clarifying your workers’ roles is critical

If you use young workers, it’s vital to know the difference between an unpaid intern and an employee.

Failure to correctly characterise an employee could have serious consequences – including financial loss and reputational damage.

Start-up company Fashion Box recently found this out the hard way. The Federal Circuit Court ruled they were in breach of the Fair Work Act and fined them $330,000 for exploiting interns.

The Fair Work Ombudsman’s website notes that deciding whether a person is an employee happens on a case-by-case basis.  It involves working out whether the arrangement involves the creation of an employment contract or not. It states:

“An employment contract can arise even where the parties call the arrangement something else, say it is not employment or if a person agrees not to be paid wages for the work they do.”

Key indicators that an employment relationship exists include:

• • The reason for the arrangement – the more productive the work that’s involved (rather than just observation or training), the more likely the person is an employee.
  • Length of time – the longer the arrangement, the more likely the person is an employee.
  • Significance to the business – if the person is doing work that would otherwise be done by an employee, it’s more likely the person is an employee.
  • What the person is doing – they’re less likely to be an employee if they aren’t required to come to work or do productive activities.
  • Who’s getting the benefit? – if the business is getting the main benefit, it’s more likely the person is an employee.

Don’t risk reputational and financial damage. The HR Dept can provide expert advice on accurately clarifying your workers’ roles.

Employers! New minimum wage laws take effect from July 1

The Fair Work Commission has decided on a 3% increase to the national minimum wage.

This raises the weekly wage for Australia’s lowest paid workers by $21.60 to $740.80 or $19.49/hour (up from $18.93/hour).

The increase applies to modern award minimum wages for junior employees, employees under training arrangements, employees with disability and to piece rates.

Employers who pay staff under any of these arrangements will need to increase their employees’ pay in the first pay period on or after 1 July 2019.

If you pay employees under an industrial instrument, such as a collective or enterprise agreement, you should also review rates to ensure they meet minimum wage requirements.

It’s hoped the wage increase will ease cost of living pressures for financially struggling workers.

The HR Dept can ensure you’re always on top of Fair Work changes with accurate and up-to-date advice so get in touch before 1 July.

Employers! Are you ready for 1 July single touch payroll?

It’s been described as the biggest tax change since the GST. But new figures show that 70% of micro-businesses haven’t heard of single touch payroll (STP).

The survey also found that 55% of 517 business owners had “little knowledge” about how to become compliant.

More than 700,000 businesses with 19 employers or fewer are required to implement STP reporting by July 1.

Employers using software solutions that offer STP reporting will send employees’ tax and super information to the ATO with each payroll. No-cost and low-cost options are also available for employers not using payroll software.

For expert advice, contact the HR Dept.

New whistleblower laws take effect from July 1

From 1 July 2019, new laws about whistleblowing will impact many businesses. The bill, approved by Parliament in February, ushers in several key changes, including:

• Broadening the definition of a whistleblower to include former employees, suppliers, unpaid workers, contractors and relatives
• Extension of whistleblower protections to include their spouses and dependents
• Scope for protected disclosures to be made to a journalist or member of State or Federal Parliament under certain circumstances
• A requirement for larger Australian organisations to introduce a Whistleblower Policy before the end of 2019 (failure to comply will be a criminal offence)
• Significant penalties – up to $10.5 million – for breaches of whistleblower protections
• Increased civil and criminal penalties for disclosing a whistleblower’s identity or victimising them

The importance of maintaining a whistleblower’s anonymity was recently highlighted. It’s alleged the Registered Organisations Commission, which oversees unions and employer associations in Australia, accidentally sent an email containing sensitive information, exposed by a whistleblower, to the wrong recipient.

The legislation requires all whistleblower policies to be comprehensive, detailing:

• The protections available to whistleblowers
• The avenues for making disclosures
• How the organisation will protect whistleblowers
• How the organisation will ensure fair treatment of employees who are mentioned in disclosures
• As well as other obligations

The policy needs to be in place before 1 January 2020, otherwise organisations could face fines of up to $12,600.

In addition, failure to maintain the confidentiality of a whistleblower’s identity could lead to fines of up to $1.05 million for individuals and $10.5million for organisations involved in the breach.

Victimising (or threatening to victimise) a whistleblower could result in fines of up to $1.05 million for individuals and $10.5m for organisations engaged in the breach.

Entities covered by the new laws include:

• Companies registered under the Corporations Act 2001
• Insurers
• Life insurance companies
• Superannuation entities or trustees

If your organisation falls into one of these categories, you don’t have much time to develop the wide-ranging policies required under the new legislation. The HR Dept can develop them for you or provide advice to ensure those developed in-house comply with your legal requirements.

Salary not the top choice for attracting top talent

When it comes to attracting and maintaining the best talent, you might be surprised to learn that salary alone isn’t enough.  In fact, the number of Australians opting for flexible work arrangements over a higher salary is increasing, according to Richard Fischer, Managing Director at ManpowerGroup Australia & New Zealand.

Factors that assist with ensuring your employees feel valued enough to stay include:

• Providing strong leadership
• Having a positive company culture
• Valuing work/life balance
• Investing in career development

While you might be concerned that you’ll spend money on upskilling your employees only to have them leave, a 2018 LinkedIn survey found that 93% of employees would opt to stay in their role if their employer invested in their careers.

It seems that when the C-suite focuses on talent generation, they are rewarded with employee loyalty.

The HR Dept understands the complexities of managing top-performing staff. Contact them for advice on attracting and maintaining the right people for your organisation.

How to avoid a wrangle over minimum wages

As the end of another financial year approaches, it’s vital organisations review what they are paying employees to ensure they are maintaining standards set by the Fair Work Commission.

Every year the minimum wage rates are reviewed and FWC set a minimum wage order for employees not covered by an enterprise agreement or modern award.

The onus sits with employers to be aware of any changes made to Modern Awards or increases in the national minimum wages. Changes must be applied from the first full pay period on or after 1 July each year.

The Fair Work Commission will publish any changes prior to this date on their website.

The minimum wage is the absolute lowest an employee can be paid. In Australia, it is currently, $719.20 per week, or $18.93 per hour based on a 38-hour week. This was set on July 1, 2018 and must be adhered to by all businesses operating in Australia.

The Fair Work Commission sets standards for minimum rates of pay as well entitlements such as penalty rates, allowances’ leave loading and overtime for different job roles across all industries. These entitlements vary according to industry, job type, experience in the role and other factors.

If you aren’t aware of your employees’ minimum wage requirements, you could risk underpaying them.

Don’t risk a wrangle with the Fair Work Commission. Contact The HR Dept for up-to-date advice on wages and entitlements.

Release me! What to do when employment relationships turn ugly

Sometimes, relationship breakups can be ugly and this is true for both working and personal relationships.

To help protect against a nasty fallout when employers and employees part ways, some organisations use a legal tool known as a deed of release. This is an agreement between the parties that they will release each other from claims arising from the employment or its termination.

However, matters of serious misconduct or unlawful activity that come to light after the deed of release is agreed can still be pursued by employers.

This was demonstrated recently when an employer successfully made a claim against a former employee who had stolen significantly more money than she admitted when the deed of release was signed.

Working through the troubles of ending an employment relationship can be painful and time-sapping. Contact the HR Dept for help to get it right and minimise the likelihood of an employment dispute.

Collaborative workspaces prove sharing is caring

They say sharing is caring and this is being confirmed with the rise of collaborative workspaces in Australia.

Shared workspaces have many demonstrated benefits.

For start-ups, they provide the amenities, equipment and supplies found in an office, without the lock-in contracts.

The biggest benefit, however, is the sense of community created by working alongside others. Managing a team in a shared workspace allows them to interact with a diverse group of colleagues and helps remove the social isolation experienced by remote workers. This enhances employee engagement.

Talk to The HR Dept about boosting your bottom line by creating workplaces that optimise employee engagement and productivity.

Over 80% of working mums are seeking flexible work

It’s no secret that satisfied employees are more productive. But a new survey has shown just how crucial flexible work arrangements are for keeping working mothers happy in their roles.

The study, by JustMums Recruitment, found that 83% of women trying to balance their career with parenthood wanted flexible work in their next role. Additionally, 70% of respondents said they wanted to change employers because they had been denied their request for flexible work. One respondent claimed she was given a flexible schedule, but only “ended up doing a full-time role in part-time hours.”

Significantly, nearly 50% of respondents said they had experienced unfair treatment or discrimination at work, like being overlooked for a promotion or pay increase. This unfair treatment can start early – 14% of respondents claimed they faced bullying or harassment during their pregnancy.

This was the case for Tania Zarak, a former Netflix executive who is suing the company after they reputedly fired her when she disclosed her pregnancy in November 2018.

JustMums said they were “shocked” to discover that almost half of working women were discriminated against.

Retaining parents in the workplace is a smart business decision – it enables companies to benefit from the skills of experienced staff. As JustMums said, “Employers who offer flexible work arrangements and a family-friendly workplace will continue to attract and retain the top talent in the market.”

Options that women are reportedly looking for include working part-time hours, working from home, working within school hours, job-sharing and working flexible full-time hours.

Maintaining contact with employees on parental leave can also help to reassure them that they remain valued members of the team.

When done well, a parental leave policy is a win-win – new parents can remain in the workforce, and employers benefit from retaining their experienced staff. This helps businesses to improve productivity and reduce staff turnover costs.

Developing family-friendly policies takes time and expertise. The HR Dept is experienced in all aspects of workplace policy development. Call us to help you develop a plan that’s beneficial for your staff and your business.

Can I fire an employee on probation without Fair Work fears?

Some employers have a misconception that dismissing an employee during their probationary period protects the employer against future claims. However, this isn’t always the case, and employers doing so risk legal proceedings being brought against them.

In a recent case, the Federal Circuit Court of Australia ordered an employer to pay $10,000 in compensation to a former supervisor who was dismissed five months into her probationary period.

The supervisor made a claim under the general protections provisions of the Fair Work Act, which prohibits employers from taking adverse actions against an employee for prohibited reasons. In this case, the employer was unable to provide adequate proof of why they had terminated the employee and they were found to have contravened the Fair Work Act.

This case highlights the importance of always providing a reason for dismissing an employee, even during their probation.

The Fair Work Act is complex and shifting. Let the HR Dept help you with expert and up-to-date advice.

Workplace stress stealing hours of staff productivity

Stress is rife in the workplace and it impacts not only the wellbeing of your employees, but your bottom line. A report has shown that, on average, more than one in five employees spend at least five hours of work each week thinking about stressors. A further 50% lose at least an hour of work weekly due to stress.

Employees who are worried about their finances, job or health tend to be less focused at work, leading to underperformance.

The study of full-time workers, led by US insurance company Colonial Life, found that 41% of employees experiencing stress reported being less productive, and 33% were less engaged. 14% were absent more often.

Laurie Mitchell, the Assistant Vice President for global wellbeing and health at Colonial Life, noted that employers need to pay attention to the emotional wellbeing of their staff.

Stress also features prominently in unfair dismissal and discrimination claims. Unlike obvious injuries, stress-related issues can be difficult for employers to identify, and therefore to manage.

It can be risky to dismiss an employee due to a stress impairment. Your policies and procedures around managing stressed employees will be closely scrutinised. To minimise risk of facing a legal claim, employers should prioritise looking after their stressed employees.

More importantly, considering reasonable adjustments you could make to accommodate the needs of your workforce will enhance their wellbeing and the productivity of your business.

This could include strategies like providing flexible work arrangements and promoting mental health in the workplace.

The HR Dept can advise you on approaches to help keep your staff – and therefore your company – performing at their peak. Contact them today.

The secrets to attracting top Millennial talent

With Millennials being the fastest growing demographic in the workforce, you might be wondering how to attract and maintain their talent.

Millennials have different career priorities than their forebears, with flexibility and work-life balance being top factors.

Accounting firm Ernst & Young have heeded the advice for attracting Millennials and are offering employees flexible arrangements like working full-time during school terms and taking time off for holidays.

Ernst & Young’s employees can also take self-funded “life leave” for up to 12 weeks to pursue other interests such as travel, training or volunteering.

“We’re innovating so we don’t lose these people while they pursue passions outside of work,” Kate Hillman, People Partner at Ernst & Young Oceania, told the Daily Mail Australia.

Attracting and maintaining top Millennial talent is different to recruiting other demographic groups. Contact The HR Dept for help with finding people who will be an asset to your company.

New guidelines for managing complex employment abandonment issue

Abandonment of employment is a complicated area. To help guide employers dealing with unexpectedly absent staff, the Fair Work Commission recently released a decision commenting on the procedural issues surrounding it.

They recommend employers take several steps before assuming that employment has been abandoned, including checking with all their managers and attempting to contact the employee by phone and then email or registered post if there is no response.

Employers need to be aware of the provisions governing their staff member’s employment and keep written records of the absences and attempts at making contact.

If you suspect abandonment of employment, The HR Dept can provide expert advice.

Offering internships is great, but caution is required

Employers offering programs that could be considered exploitative face potential prosecution under the Fair Work Act – regardless of whether they call them ‘internships’, ‘work experience’ or another name.

This was highlighted recently with Bradley Wells, the former operator of a Sunshine Coast business. He’s currently facing penalties of up to $10,800 per contravention for allegedly failing to pay an 18-year-old employee for 150 hours of work in 2017.

The Fair Work Ombudsman is also seeking a Court Order for Wells to back-pay the employee $3,945 in minimum wages, casual loadings, overtime and an industry allowance.

“Any employer who fails to comply with their fundamental obligation to pay wages for work performed, will face serious consequences,” said Fair Work Ombudsman Sandra Parker.

The cost to organisations of questionable work practices can be more than financial. Just ask Muffin Break general manager, Natalie Brennan.  She suffered serious mainstream and social media backlash after an interview during which she expressed disappointment that more young people don’t take on unpaid internships.

While some companies are tempted to take advantage of perceived ‘free labour’, exploiting young workers could leave you in a position like Fashion Box, which was fined $330,000 for doing so.

Misclassifying employees as unpaid interns to avoid paying them for work will not protect you either. Under the Fair Work Act, anyone who undertakes productive work for a business is classified as an employee and entitled to relevant pay and conditions.

In contrast, unpaid placements are lawful “where they are part of a vocational placement related to a course of study,” Ms Parker said. “Their tasks should be limited to things that enhance learning or provide work experience, like observation, training or practising work tasks.”

The more productive the work completed by the intern and the longer the arrangement, the more likely it is that an employment relationship has been created.

This shouldn’t stop you from taking on workplace trainees. But knowing where the legal line is drawn can be tricky.

The HR Dept are experts in the ever-changing Fair Work Act. Contact them for advice.

Bullying or banter- can you tell the difference?

Workplace bullying is no laughing matter, as discovered recently by a man whose unfair dismissal claim was rejected by the Fair Work Commission. They upheld the StarTrack employee’s dismissal (after 17 years’ service) for racial slurs towards colleagues.

He claimed no-one had complained about the comments he described as “good-hearted banter” between colleagues.

However, the Commissioner observed that the racial components of workplace ’banter’ and swearing distinguished it from “robust language or verbal jousting”.

There have been several cases where the FWC has had to differentiate between banter and bullying, and definitions are constantly changing.

In 2018, one in five Australian employees reported being bullied. It’s a complex situation to assess and results in billions of dollars in lost productivity every year.

The HR Dept can help you with up-to-date advice on managing challenging workplace behaviours.

Workplace mental health

In Australia, working women are far more likely than their male counterparts to experience a mental health condition, a new report has discovered.

The research, by mental health organisation SuperFriend, found that nearly one quarter of working women were currently experiencing a mental health condition compared with 15% of men.

They surveyed more than 5000 business owners, senior managers and workers across Australia, using proven indicators of workplace mental health.

26% of women surveyed cited cases of bullying while 23% said they experienced a lack of flexible work arrangements. 23% also reported work-related insomnia.

Only one in ten women said they were strongly optimistic that the state of mental health and wellbeing in their workplace would improve.

SuperFriend chief executive, Margo Lydon said they found women had very different workplace experiences to men, “perhaps because men are more heavily represented in senior management roles with a higher share of voice in workplace policies and practices“.

She added that this represents a clear opportunity for organisations to better engage their female employees and improve their workplace experiences.

Lydon offered several ways for employers to change the current status quo including:

• Having qualified female candidates on shortlists for management roles even while they’re on parental leave
• Improving return to work policies
• Analysing gender pay gaps and
• Offering greater flexibility regardless of gender

The research also found improved practices would increase most working women’s feelings of being valued and of bringing their ‘best self’ to work. In fact 57% said it would increase their commitment to the organisation.

Mentally healthy workers are more productive, which in turn improves profitability.

For advice on building a healthy and productive workplace where all your employees bring their best, contact The HR Dept.

It’s coming… Employers, are you ready for the single touch payroll deadline?

If you haven’t heard, all employers will be required by law to implement single touch payroll (STP) from 1 July 2019.

The ATO wants increased visibility into employers’ payrolls to ensure they pay their PAYG withholding and meet super obligations.

From 1 July, employers will be required to send their payroll information to the ATO every pay period. To do this, they can choose to use their accounting or payroll software with STP or they can use a third party.

The benefits of digital payroll to employers include a reduced chance of errors and time saved at the end of the financial year, as they no longer need to issue group certificates to employees.

Figures from the Bureau of Statistics show there are approximately 782,000 businesses that will need to get STP-ready.

The HR Dept can help to ensure you are ready for the 1 July deadline.

The quiet form of discrimination damaging staff & profitability

Despite Australians staying in the workplace longer, ageism remains a leading form of discrimination. In fact, more than 25% of working Australians aged over 50 have experienced ageism.

Employers need to remember, older workers are frequently an asset, possessing years of knowledge and experience.

Tackling ageism in your workplace can be assisted by creating a culture where older workers are valued for their experience. They can be assisted with planning for retirement, while sharing their knowledge and skills with younger employees through mentoring and training programs.

The HR Dept can help you boost your bottom line by establishing a company where everyone feels valued and included.

How to deal with workplace romance

What do you do if love is in the air at your office? According to international leadership coach, Karen Gately, organisations need to acknowledge that workplace romances are common with many people meeting their life partner at work.

However, problems can and do arise when colleagues become more than friends, especially when relationship issues flow over into the workplace.

Another sticky dating area occurs when there’s a direct line of report or a power imbalance between involved staff.

“In those cases, HR has to address the relationship immediately – and that could mean people moving or leaving jobs – because there’s a very clear conflict,” Gately says.

“It can very easily undermine the confidence of the rest of the team because they start to doubt whether fair decisions are being made in relation to this individual, to their career, promotional opportunities, income and all the rest of it.”

A very public example occurred when Barnaby Joyce allegedly leveraged his position to get his mistress, Vikki Campion, a job in Senator Matt Canavan’s office in April 2017.

Gately suggests that the best approach is ensuring you create “a cultural environment that sets clear expectations around professionalism and conduct.”

Staff need to know from the outset that bringing personal dramas or arguments into the workplace is not acceptable. Nor is canoodling by the office coffee machine or in the breakout area.

Gately recommends making sure clear policies are in place, which can be referred to when dealing with any issues.

The last thing you need is a romantic conflict escalating into bullying or claims of sexual harassment. Nor do you want the worry of lost productivity and increased staff turnover that can be caused by office romances.

The HR Dept can help you create a ‘romance policy’ to suit your organisation. They can also advise you if you’re dealing with an existing issue.

For practical advice on how to avoid workplace romance problems, contact The HR Dept.

The remote working revolution is here. Don’t get left behind!

With 50% of workers expected to be operating remotely by 2020, businesses need to get prepared now.

This trend has been driven by changing family demographics, high housing costs and the rise of technology that enables remote communication.

When done right, remote working can be hugely beneficial for your business, leading to:

• Higher employee morale
• Reduced turnover
• Access to a more diverse talent pool and
• Savings on office space and overheads

Nonetheless, many organisations struggle with effectively implementing remote working. Key issues include creating a strong company culture, preventing employee isolation and tracking productivity.

With the right strategy, these problems can be overcome.

For example, productivity can be measured by results, quality of work and customer satisfaction.

Holding regular virtual meetings and annual company retreats can address employee isolation. Positive culture might include throwing virtual parties and celebrating employee achievements – both personal and professional.

Don’t get left behind! The HR Dept can help your business take advantage of all the positives a remote workforce can provide.

Whispering manager loses Fair Work claim

In the post-#MeToo era, there’s no excuse for any tolerance of behaviour that could be perceived as workplace sexual harassment.

This was borne out recently when a manager lost a bid to be reinstated after being fired from his job at a Queensland Coles.

52-year-old Peter Angelakos had faced 39 allegations of inappropriate conduct by multiple women.

The complainants told the Fair Work Commission that the manager stood “uncomfortably close” to female employees, touched them inappropriately, made remarks about their appearance and sent multiple Facebook friend requests.

One 17-year-old co-worker reported the manager touched her inappropriately and whispered “good evening” in her ear. She told the commission his actions made her feel anxious and frightened. When this behaviour was repeated the next day, she was prompted to make a formal complaint.

The manager denied the allegations, claiming another manager had conspired to mount the complaints and that there was “insufficient evidence” to prove them.

But Fair Work Commissioner Jennifer Hunt upheld Coles’ decision to fire him, finding his termination was not unjust or unreasonable.

The FWC found “at least two serious matters that constitute a valid reason for the dismissal.”

“When the complaints are compiled, the sheer volume is concerning,” said the commissioner, who also rejected Angelakos’ conspiracy theories.

In her judgment, Hunt cited the #MeToo movement. She noted that it had galvanised workers, particularly the female employees at Coles, to come forward so that sexual harassment allegations could be investigated.

Don’t risk a Fair Work hearing. The HR Dept can help to protect your business. They will work with you to develop clear and comprehensive policies about appropriate workplace behaviour and how to effectively manage complaints.

New reverse onus of proof laws begin to take hold

In the first case of legal action utilising new reverse onus of proof laws, the Fair Work Ombudsman (FWO) has instituted proceedings against two fast food outlets and their directors.

The new rules require employers to disprove underpayment allegations when they have failed to keep adequate time and wages records or issue pay slips.

These rules apply to conduct occurring after September 2017.

Previously, some employers had avoided facing litigation because the FWO could not present sufficient evidence in court to prove underpayments.

“Employers should be on notice that this loophole is now closed and the Fair Work Ombudsman will make full use of the new laws to protect vulnerable workers” said acting FWO Kristen Hannah.

The fast food outlets and their directors now face penalties of up to $63,000 per contravention.

Contact the HR Dept for advice on keeping accurate wage and entitlement records.

On-the-job training key to future-ready workforce

The need for workplace learning is set to significantly increase over the next two decades so employers need to ramp up their mentoring and on-the-job training.

Analysis by AlphaBeta found that by 2040, the average Australian will need to spend an additional three hours per week in education and training.

According to the new research, formal and informal workplace training will need to comprise nearly 42% of a person’s lifetime skills training.

The researchers recommend employers identify how technology and other forces are likely to impact their workforce and then investigate any gaps in employee skills or training.

The HR Dept can help with personalised recommendations for your business.

ABC’s latest casualty… casual staff underpayments

In a case that highlights the complexities of paying casual staff, the ABC has admitted to underpaying up to 2500 casual employees over six years.

Their Chief People Officer, Rebekah Donaldson, apologised and promised the ABC would remedy the situation.

“A detailed review is underway to confirm how penalties, allowances and loadings should have been calculated and applied over the past six years to about 2500 ‘flat-rate’ casual staff,” she said.

The ABC was notified about the underpayment issue by the Community and Public Sector Union (CPSU). The ABC then notified the Fair Work Ombudsman about it.

This comes after the ABC confirmed last month that they had underpaid one casual staff member $19,000 over three years following a CPSU complaint.

The ABC Section Secretary at the CPSU, Sinddy Ealy, said she expected the broadcaster will face a hefty bill for the under-payments.

“If there are 2500 people affected and one individual with three years’ employment under their belt was owed $19,000, we’re anticipating the liability to be sizeable,” she said.

“We’ve had concerns about the ABC’s over-reliance on and payment of casual workers for years. As recently as 2016 the CPSU was assured by the ABC that it was paying casual employees in accordance with the terms and conditions of the ABC staff agreement. Clearly that’s not the case,” said Ealy.

The ABC isn’t alone in mismanaging casual staff payments. Last September, David Leslie Hinchcliffe was ordered to pay $25,000 by the Federal Circuit Court for underpaying three casual employees. His company was also required to pay $119,000 after the FWO took legal action.

The Court found Hinchcliffe and his company had:

• Failed to make any payments for various periods of employment
• Did not make and keep employee records
• Didn’t provide payslips to the workers and
• Failed to comply with a notice to produce records or documents

If large companies with dedicated HR teams (like the ABC) are making costly errors in calculating casual staff payments, how is your business faring? Don’t risk getting caught in a case with the FWO – contact The HR Dept for accurate and up-to-date advice on conditions and pay for casuals.

Bad behaviour. Could zero-tolerance help defence of unfair dismissal claim?

It seems that a zero-tolerance policy is your best bet when dealing with staff behaving badly.

Recently, the Fair Work Commission threw out an unfair dismissal case raised by an employee who was fired following repeated breaches of her workplace’s policies.

The dismissal centred on a May 2018 argument about office temperature, in which the employee suggested her supervisor had “natural, extra padding”. This followed two previous formal warnings about her conduct and being sent home on several prior occasions.

The company welcomed the FWC’s decision, saying, “ORC International values a respectful working environment and does not tolerate bullying, discrimination or harassment in its workplace.”

And with new research showing that “workplace incivility” – like rudeness and disrespect – can cause lost sleep for people dealing with mean co-workers, there’s even more reason to nip nastiness in the bud.

Contact the HR Dept for advice and assistance in writing policies that encourage a positive workplace culture. We can also assist by providing professional advice on how to deal with inappropriate staff behaviour.

Biased robots- the pitfalls of AI in recruitment

Everyone has unconscious biases and these can impact on our ability to conduct fair and accurate job interviews.

To overcome this issue, systems using AI (Artificial Intelligence) to determine candidate suitability are being explored.

While it might seem like a machine should be able to make an unbiased judgment, things are more complicated. A study at the University of Melbourne, for example, highlighted how easily AI could discriminate and make incorrect assessments.

Researcher Dr Niels Wouters created a “biometric mirror” – a computer algorithm which analyses personality traits and temperament based on characteristics in a photograph. The research then compared data from the perceptions of a large group of people reviewing thousands of other faces.

Wouters says the project illustrates how technology can be used to make assumptions that impact people’s careers.

“For instance, you might be perceived as aggressive or irresponsible and thus be denied a highly desired promotion or even rejected for an interview,” he told the Sydney Morning Herald.

“Imagine having no control over how these algorithms are used to rule you out for management positions.”

The serious risk of bias for employers using such technology was highlighted in 2017, when Amazon was forced to abandon research into an Artificial Intelligence recruiting tool after learning it was discriminating against women.

Amazon realised its system was favouring male candidates for software development and other technical roles because it was observing that most resumes came from men. In addition, programmers couldn’t guarantee the AI wouldn’t teach itself other discriminatory selection practices.

Recruiting the best person for your position is complex. If you are unsure how to fairly assess candidates prior to or during interviews, contact The HR Dept for expert advice.

How to stop your star performers from jumping ship

Retaining good staff is a key issue for HR leaders. With an average cost of $22,135 to replace existing staff, it makes even better business sense. But new research shows almost two in five employees (37%) are casually or actively seeking new opportunities. A similar number would consider changing employers if approached.

The Ceridian 2018 Pulse of Talent report showed that 37% of employees are likely to move on because of the financial offer, while 39% are looking for new career challenges.

Lisa Sterling, Chief People and Culture Officer at Ceridian, said “the real reason a person becomes a flight risk is because employers fail to focus on addressing career growth and development”.

She suggests companies wanting to retain their star employees should emphasise how their contributions make a difference.

The HR Dept can advise you on strategies for attracting and retaining great staff for your business.

CEO seeks champagne-quality PA on beer budget

In a job ad that recently went viral, a 28-year-old “entrepreneur” promised applicants the “most challenging” and “most rewarding position  you’ve ever had”.

Okay so far, but … it goes on to say that candidates will be held personally responsible for “making the CEO look good, feel good and perform at a higher level”.

Despite the position being part-time, candidates should “expect after hours and weekend calls” and includes an exhaustive list of tasks to perform – from “coffee to contract execution”.

Don’t make the same mistake. Use The HR Dept to craft a job advertisement that is engaging and appropriate.

Important changes to flexible working requests

At the start of December, important changes to flexible working requests were made by the Fair Work Commission. Under the new rules, employers must make a genuine attempt to reach agreement with eligible employees requesting flexible working arrangements. These requests can only be refused on reasonable business grounds.

Eligible employees need to make a written request explaining what changes are being asked for and why.

Once employers receive the request, they must discuss it with their employee and try to reach an agreement about the changes. Employers need to consider the employee’s needs, the consequences for them if changes aren’t made and any reasonable business grounds for refusing the request.

A written response to the request must be provided within 21 days. If the request is refused, this response must include reasons for the refusal.

Employers can only refuse a request on reasonable business grounds, which include:

• The requested arrangements will be too costly for the business to implement
• An inability to change other employees’ working arrangements to accommodate the request
• It’s impractical to change other employees’ arrangements or hire new staff to accommodate the request
• The request would result in significant loss of productivity or have a significantly negative impact on customer service

Examples of flexible working arrangements include changes to working hours, location or work patterns (e.g. split shifts).

Employees (except casuals) who have worked for at least 12 months with the same employer can ask for flexible working arrangements for various reasons, such as caring for a child who is school-aged or younger, being a carer, experiencing family or domestic violence and many others.

Casual employees can also request flexible working arrangements if they’ve been with the same employer for at least 12 months and expect to continue working for them.

Employers agreeing to flexible working arrangements need to think about ways to ensure performance is not compromised and how performance will be monitored. They might also need to deal with situations where flexible working arrangements are causing problems.

The HR Dept are experts in negotiating flexible working arrangements. Contact them for advice about how to deal with the changes or if you’re unsure how to proceed when a request is received.

Prepare now for a sweltering summer

Australia is set to sweat through a long, hot summer, with the Bureau of Meteorology predicting an 80% chance of higher-than-normal temperatures between December and February in most states.

With an El Niño likely to form before the end of 2018, the chance of even warmer conditions across eastern Australia is now estimated to be triple the normal risk.

It’s important for employers to understand the heightened risk associated with heatwave conditions and how they might impact your staff. For example, extreme heat can negatively affect the well-being of pregnant women or staff with certain medical conditions.

You need to support your staff though the heat by ensuring air-conditioning systems are working effectively and providing cool water. It may also be appropriate to modify the workplace dress code to help staff remain comfortable and productive.

The HR Dept can advise on appropriate ways to support your staff and business through a sweltering summer. So call us for advice.

Tips for a disaster-free Christmas shindig

While everyone’s been to a work Christmas party where someone’s got drunk and done something stupid, nobody wants to see their staff top Santa’s naughty list at the office bash.

Workers love to see their bosses relax the reins a little, but the last thing any employer wants to deal with is a party disaster.

Some potential pitfalls of allowing things to get out of control include:

• Wrecked reputations – if an intoxicated colleague overshares it can have disastrous personal and professional fallout
• Property or personal damage – no employer wants to deal with equipment that gets broken in a revelry, let alone someone getting injured
• Unlawful behaviour – crimes committed during work events include drink driving, theft and sexual assault
• Loss of life – it sounds extreme, but accidents do happen and people have died during work functions

Employers can minimise risk by laying down some ground rules for Christmas party etiquette as well as being prepared to deal swiftly with any inappropriate behaviour.

Explain to your team in the lead up to the party that you want them to have fun, but that doesn’t mean dropping the professional standards. Leaders should keep a lookout for any behaviour breeches and intervene when necessary.

Serving alcohol responsibly, and with food, can help reduce the chances of people making poor choices while intoxicated. You might also want to plan how to get any inebriated team members home safely.

If you’re going all-out with your end-of-year do (like one company that’s flying its workers for an all-expenses paid trip to Thailand) then you’ll have even more considerations around staff safety.

However your business will be celebrating Christmas, contact the HR Dept to ensure it’s memorable for all the right reasons.

Robots rule at Amazon this Christmas

You might have heard of Amazon box robots. Well this Christmas, the e-commerce giant is using real ones to keep up with seasonal demand.

Amazon are planning to hire 100,000 temporary workers over the holiday shopping period – 20,000 fewer than for 2016 and 2017. Instead, the online retailer will be relying more heavily on automation and the use of robots in their facilities.

These advanced tech solutions were first implemented a few years ago, and are making Amazon “more efficient”, internet analyst Mark May told CNBC.

In 2016, a Quartz report claimed that one Amazon warehouse robot took 15 minutes to sort, carry, pack, and ship items – tasks which a human worker apparently required an hour to complete.

Although Amazon are hiring fewer seasonal staff, they are reportedly focused on hiring full-time employees for their fulfilment centres and other facilities.

Want motivated workers? The answer lies in simple things

Reducing employee turnover is good for business but what can companies do about it? Recent research by Reward Gateway reveals some interesting answers.

A bad manager tops the workplace demotivating list at 46% followed by feeling invisible or undervalued at 43%.

74% of workers also believed their managers should do more to inspire them.

The results show simple things can make the biggest difference to employee motivation. For men, receiving a bonus improves their long-term motivation while for women it’s being shown appreciation for their work.

Contact the HR Dept for professional advice about building a healthy and motivated team.

Discrepancy between CEO earnings and average salaries sparks protests

If you discovered your company’s top dog was earning 435 times more than you, you’d probably be barking mad. That scenario is real and happening in Australia. Recent figures from the Australian Bureau of Statistics shows the salary of Domino’s Pizza CEO, Don Meij, was almost 435 times that of the average Australian worker.

Mr Meij rakes in serious dough – $36.84 million to be exact – compared to the average full-time Australian salary of $84,661.20 per year.

Furthermore, research from the Australian Council of Trade Unions (ACTU) found that 8 in 10 Australian workers haven’t had a pay increase that kept up with rising living costs in the last 12 months. In the same period, almost half of all Australian workers received no pay increase at all.

In October, nationwide rallies started with the organisers aiming to highlight “exorbitant CEO pay” and company profits compared to the “very low or non-existent” pay rises of many Australians.

“We’re sick to death of CEOs telling low-paid workers they need a pay cut,” the ACTU posted on Twitter. “It’s time to give working people the tools they need to secure fair pay rises.”

Mr Meij isn’t the only one earning big dollars. The country’s top 100 CEOs have received an average annual pay increase of 12.4%.

“Working people have had enough of businesses taking obscene profits and CEOs making exorbitant salaries at the expense of the pay rises and job security we need to get ahead of the cost of living,” ACTU secretary Sally McManus said at the Melbourne rally.

Thousands of workers have attended rallies, with the last one having been held in Canberra on 20 November.

However, the Australian Chamber of Commerce and Industry (ACCI) has said unions are misinforming their members.

According to a report in the Guardian, ACCI’s chief executive James Pearson, said the “ACTU’s campaign is really about putting power into the hands of big unions, disempowering employees, and removing their choices.”

Negotiating wages that are fair and commensurate with workers’ skills and experience can be tricky. The HR Dept can give you accurate and confidential advice about fair wages and pay increases.

Work-life balance concept outdated in contemporary workplaces

“Work-life balance” has been a buzz phrase for years, but a new report shows the concept is outdated.

Researchers noted that “work” is based on the idea of permanent full-time employment – which is increasingly less common with the rise of part-time, contract and gig work.

“Life” usually relates to childcare responsibilities, but “people may want to balance work with pursuing education or religious responsibilities … or simply other activities or hobbies,” Curtin Business School associate professor Julia Richardson told HR Daily.

She says employers must consider the needs of individual employees if they want a more diverse and inclusive workforce.

“Neglecting the environment may drive away customers, but neglecting people’s lives may drive away key members of the workforce,” wrote management guru Charles Handy.

Ensuring employees have a happy work-life balance will not only protect your workers’ wellbeing – it’s best for business. Contact the HR Dept for help with getting the balance right.

Union push for sexual harassment to come under Fair Work Act

Employers could soon be obligated to prevent sexual harassment in the workplace.

There is talk that Unions NSW plan to call for legislative changes that would see sexual harassment treated as a health and safety issue because companies are currently not obligated to prevent their workers from being harassed.

“The reality is, sexual harassment has a terrible impact on people’s health,” said Unions NSW Assistant Secretary, Emma Maiden. “We’ve seen it with the #MeToo movement, so there’s no doubt there should be an onus on employers to provide a workplace that is free from sexual harassment.”

The call comes in response to the Australian Human Rights Commission’s national workplace sexual harassment survey, which showed that 25% of women and 16% of men have experienced some form of workplace sexual harassment in the past 12 months.

However, fewer than 1 in 5 people who were sexually harassed at work in the past 5 years made a complaint. Of those who did, 19% were labelled as troublemakers, 18% were ostracised or victimised by colleagues and 17% resigned.

Unions NSW want to see changes incorporated into industrial law. Then “unions (or groups of workers) could take complaints of sexual harassment, and failures by employers to address the problem, to the Fair Work Commission – an easy-to-access, no-cost jurisdiction.”

It’s in every employer’s interests to have policies that support their employees and maintain a harassment-free workplace.

Sexual harassment is a complex issue and laws are rapidly changing. Contact the HR Dept for up-to-date advice on developing workplace policies that address the issue and how best to handle any concerns.

Social media proving a snare for some businesses

Don’t be fooled into thinking social media conundrums are reserved for social interactions. Two recent claims to the Fair Work Commission prove otherwise.

Both cases revolved around claims of unfair dismissal. One involved a supervisor who posted offensive and threatening messages about a subordinate on Facebook, causing her distress and concern for her safety.

The other involved an OHS representative at a mine who posted on Facebook that “work shifts are off” over the Christmas holidays, without being authorised to do so. This led to significant confusion among employees who had volunteered to work during the break.

In both cases, the FWC ruled that dismissal was justified, but they highlight the importance of companies having social media policies that clarify expectations and explain consequences for failing to observe them.

The HR Dept can help you develop a comprehensive social media policy to protect your business and staff.

Yoga, naps and unlimited leave – workplace perks from top employers

Nap pods, onsite yoga and free cooking classes. It might sound like a health retreat, but it’s actually the perks some companies offer employees.

Google, Netflix, Virgin and others are providing these perks to help secure – and keep – the best talent. It seems to be working!

Businesses offering wellbeing perks and flexibility are topping LinkedIn’s list of companies Australians most want to work for.

Creating a culture where employees can discuss their needs for flexibility, along with prioritising their wellbeing, helps businesses attract great staff and reduce turnover.

Contact The HR Dept for personalised advice.

Senate inquiry says Fair Work Act is unfit for future

Australia’s Fair Work Act is at least ten years behind where it should be, thanks to the rapid rise of “non-standard” workers and technological change, according to a Senate committee report published last month.

The inquiry into the future of work in Australia concluded that significant reform and improved planning is needed to address growing workforce inequality.

A key problem area is “non-standard work” which includes people employed on a casual, temporary, on-call, labour hire and gig basis. The committee found that while these practices are now commonplace, they circumvent the traditional employer/employee relationship that has been the foundation of Australia’s workforce.

Furthermore, this type of work is frequently associated with low wages and limited access to entitlements like sick leave, holiday pay and superannuation, the report says.

Another issue raised was the “suboptimal” consultation by employers on technological change affecting employees. The report noted that under current laws, workers may not be able to negotiate collectively on the impacts of such change in their workplaces.

The committee recommended that Australia:

• Reform the definition of ‘employment’, including broadening the term to capture gig economy workers.
• Improve the superannuation rights of non-standard workers, abolish the $450 minimum threshold for superannuation contributions, improve access to flexible working and implement a portable leave scheme.
• Reform the labour-hire industry with a licensing scheme, a test for owners/directors of labour hire companies, a transparent fee structure, penalties for using unlicensed labour-hire firms and giving labour-hire workers the same wages and conditions as employees.
• Strengthen bargaining power and consultation requirements for workers and unions, including requirements for employers to consult with workers and trade unions before introducing major technological change.
• Introduce a new government body and a plan to address workforce changes.

The committee was largely comprised of Labor senators, with a dissenting report released by Liberal National Senators saying it “turned the inquiry into a union directed Labor election campaign exercise.”

Concerned about how these workplace law changes might affect your business? The HR Dept can help ensure you stay on top of all your legal requirements.

Want to keep your workers happy? Lighten up!

While some workplaces go all out to keep their people happy – think gyms, unlimited caffeine and bring-your-fur-baby-to-work days – the solution may be far simpler. Recent research reported in the Harvard Business Review (HBR) found access to natural light trumped these “modern day” perks.

This might seem a no-brainer if you’ve toiled under harsh flickering fluoros, but the benefits are backed by studies showing a connection between natural light and employee wellbeing.

The HBR reported that 47% of employees admit feeling tired from a lack of natural light, while 43% say it makes them feel gloomy.

This study found optimising natural light improves workers’ wellbeing significantly – those with daylight office environments reported a 51% reduction in eyestrain, 63% lower incidence of headaches and 56% less drowsiness.

Letting some light in could provide the boost your workers need.

The HR Dept are experts on employee satisfaction and productivity. Contact us to discuss ways to enhance the wellness of your workforce.

Why denying flexible work requests may land you in court

Australian employers will soon be forced to justify denying requests for flexible working arrangements, under changes to modern awards to be implemented by the Fair Work Commission.

Under the changes, employers must “genuinely try to reach an agreement on a change in working arrangements”, the Commission said in its decision.

The new rules will require employers to consider an employee’s individual circumstances, the consequences if changes are not made and alternative arrangements if a flexible work request is denied.

Workers will have the right to mount a legal challenge if an employer fails to adequately consider their request and provide a detailed written explanation about the business grounds for refusal.

The Commission said its decision was a response to “significant unmet employee needs for flexible working arrangements” in Australia, where about 25% of workers were unhappy with their working arrangements.

An exact date for the implementation of the change has not been set.

While the decision might seem like another burden for business owners, a report by Smart Company suggests seeing it as an opportunity to “future-proof” your business. Millennials are predicted to represent 75% of the workforce by 2025 and a Deloitte study shows 75% of them consider a “work from home” policy important. So this could be the catalyst to make some changes that will benefit your workers and your business.

Many businesses don’t have an HR department to manage these employee issues. But The HR Dept is dedicated to understanding them for you. Contact us to discuss how to use changes like these to build a better business.

Asleep on the job? Problem affecting 40% of Australians

If you’re yawning while reading this, you could be one of almost 40% of Australians getting inadequate sleep, as reported in a Sleep Health Foundation study.

For many, anxiety over sleeplessness is compounding the problem – adding to their difficulty in drifting off.

Another study explored the sleeping habits of almost 400 business leaders and found this “generally sleep-deprived population” were experiencing sleeping problems due to their inability to switch off from work.

This study also found evidence that respondents associated sleep loss with productivity and success, a “common yet faulty” notion in which sleep deprivation is expected in ambitious leaders.

If drowsy leaders aren’t enough, the implications of having exhausted staff driving or operating machinery could bring new meaning to the adage “you snooze, you lose.”

Efficiency and productivity don’t have to come at the sacrifice of sleep. Talk to The HR Dept about better ways of doing it.

Angry panda helping stressed Japanese workers

The Japanese have come up with a novel approach to dealing with the daily difficulties at work – Retsuko, a 25-year-old cartoon panda.

It is hoped Japanese viewers will identify with Retsuko as she vents her workplace frustrations. It’s another step in helping with Japan’s problem of karoshi – death from overwork.

Recently, a Japanese chairman resigned to take responsibility for the death of Matsuri Takahashi, a 24-year-old employee who took her own life after complaining about excessive working hours.

You don’t need to become a cartoonist to look after your employees. Contact The HR Dept for advice.

Pizza chain cheats 20 workers out of hard-earned dough

Domino’s have broken a new record, but it’s not a record good businesses will want to emulate. The Fair Work Ombudsman has issued Australia’s largest pizza chain with 17 formal cautions, following an audit of 33 stores over a one-month period.

Breaches of workplace law were found in 19 stores after inspectors interviewed 144 Domino’s workers and analysed 874 employee records. They discovered 20 workers had been underpaid a total of $1,978 in that month, along with other breaches such as non-payment for:

• Hours worked
• Delivery allowances
• Leave entitlements
• Unauthorised deductions and
• Record keeping breaches

The findings have prompted the Fair Work Ombudsman to call upon Domino’s head office to take action as the results indicate systemic issues in the franchise. “It’s in head office’s best interests to set clear expectations with their stores, provide them with comprehensive training, support and regularly check that workplace laws are complied with,” Fair Work Ombudsman, Sandra Parker said.

Ms Parker explained that recent law changes mean franchisors can now be held liable for workplace breaches by businesses within their networks.

Investigations are ongoing with only four stores found to be fully compliant with workplace laws, while ten non-compliant stores are owned by one franchisee.

It’s not the first time this has happened. “The Fair Work Ombudsman has worked with Domino’s head office for several years to try to promote a culture of workplace compliance,” Ms Parker said. “While Domino’s have made some improvements to their processes, they should be closely monitoring their stores to ensure employees are being paid correctly.”

Receiving a formal caution puts a business on notice that future non-compliance could result in fines.

Ms Parker said the Fair Work Commission will “continue to closely monitor Domino’s across its network by responding to requests for assistance and assessing any intelligence we receive.”

Fair Work will undertake further compliance assessments of Domino’s within 12 months, including unannounced site visits.

Are you completely confident your business is compliant with Fair Work regulations?

Don’t take the risk! Your local HR Dept professional can help ensure you stay on the right side of workplace law. Contact them today.

The new Japanese cure for Monday-itis

The Japanese are known for inventions – think robots, reliable cars and karaoke – but their latest is a pearler. In a novel approach to improving work-life balance, Japanese workers could soon be taking Monday mornings off.

Named “Shining Mondays”, the proposal from the ministry of economy forms part of a broader plan to reduce employees’ overtime and deal with karoshi – death by overwork.

Under the proposal, employers will let staff clock on after lunch on Monday once a month. It will complement Premium Fridays, where staff finish early on the last Friday of each month.

Australians might not be suffering death by overwork just yet, but statistics from a 2017 report by the Australian Institute of Health and Welfare show we are struggling to achieve work-life balance. In fact we rank in the bottom third of OECD countries for working longer hours.

To find practical solutions for better work-life balance for you and your staff, contact The HR Dept.

Get more motion in your meetings (minus the risk)

Meetings may not be renowned for generating momentum, but a Sydney shared workspace is getting theirs on the move.

As part of “Step-tember” – an initiative encouraging people to take 10,000 steps every day in September – WeWork in George Street, Sydney ditched boardroom chairs in favour of treadmills.

Instead of sitting for meetings, staff walked or jogged in an approach aimed at getting people more active and increasing workplace productivity.

This seems to make perfect sense, given the strong evidence that good employee health and wellbeing boosts overall organisational health.

But…. what if someone sprained their ankle, or had a heart attack?

Workplace wellness programs need to be developed in light of Workplace Health and Safety regulations.

Contact the HR Dept to discuss ways to help your staff stay well while maintaining compliance with risk management and workplace safety.

How does investing in lifelong learning make smart business sense?

Just because your employees have the qualifications they need to do the work doesn’t mean they should stop learning.

Lifelong learning has proven to be the key to not just a sustainable workforce, but a profitable business. Research has found that companies offering structured training have an average 218% lower staff turnover rate and 24% higher profit margin.

While getting outside experts to run training is great, many companies already have an inbuilt multi-generational pool of knowledge waiting to be utilised.

Tim Reed, CEO of MYOB, says age is no barrier to learning. Rather, he sees incredible potential in his older workforce. In speaking with HRM, he says, “Knowledge is key in our business, and it’s built over time, so people who’ve been with us for a long period are some of our most precious resources.”

He even has a great grandmother on his team who has continued to thrive because she has never stopped learning.

Thinking ahead is vital when developing training. Reed recommends business leaders use foresight to figure out where skills-gaps might occur five years down the track so they can start training their existing people for those gaps now.

Future-proofing staff can reduce the risk of having major workforce challenges. And given that 7 out of 10 employees say that opportunities for training influences their decision to stay in the job, investing in training is a cost-effective way to keep your people.

The HR Dept offers training courses on a range of topics all designed to help your business thrive. The lessons learned will be invaluable to your staff. Contact us to find out what we offer and how you can benefit.

Can you dismiss staff for out-of-hours conduct?

An ex-Qantas employee has paid dearly for an alleged boozy binge with the Fair Work Commission backing the airline’s decision to fire him.

Flight attendant, Luke Urso, recently lost his unfair dismissal claim. He apparently consumed excessive alcohol while on what is called “slip time” – the time between flights.

Problems started when he collapsed, was hospitalised and recorded a blood-alcohol reading of .205. Urso was unable to work the following day and was suspended on pay during an investigation before Qantas dismissed him.

Because Urso’s employment was considered a “safety critical role”, his actions out-of-hours impaired his ability to safely conduct his job, legitimising his dismissal. Therefore the Fair Work Commission concluded his dismissal was not disproportionate to the gravity of the misconduct.

Unfair dismissal rules are complex – especially with staff out-of-hours behaviour. For reliable advice and assistance, contact The HR Dept.

NT auditor-general uncovers raft of expensive errors

A Northern Territory public servant has been overpaid nearly $500,000 thanks to a misplaced dot. Instead of $4,921.76, they were paid $492,176. This was one of over 700 overpayments made by NT government departments which were highlighted in a report by the auditor-general.

Further checks revealed one worker had accrued 4,775 hours (about $400,000 worth) of paid leave.

These findings emphasise the necessity of monitoring wages, leave entitlements and the need to deal swiftly with any issue.

The HR Dept can help you put strategies in place to make sure you avoid any expensive wage or entitlement errors. Contact them for professional advice.

New family and domestic violence leave entitlements – all you need to know

In recognising the serious and widespread problem of family and domestic violence in Australia, the Fair Work Commission has updated awards to include a new leave entitlement.

Family, domestic and sexual violence are a major welfare issue. Recent statistics from the Australian Institute of Health and Welfare have shown that violence by an intimate partner causes more illness, disability and deaths than any other risk factor for women aged 25–44.

Nor are men immune, with one man each month being killed by a current or former partner in the two years from 2012–14.

The new clause will allow most employees to take five days of unpaid leave to deal with family and domestic violence. It’s aimed to empower victims to seek the help they need, without threatening their work situation. It took effect on 1 August 2018.

Employees can use the leave to deal with the impact of family and domestic violence, including things like making arrangements for their own (or a loved one’s) safety and attending court hearings.

Some of the key things you need to know about the leave include:

• It will apply to all employees, including casuals
• The full five days will be available to all employees, regardless of whether they work full-time, part-time or casual (in other words, it is not pro rata for part-time or casual employees)
• It will be available in full at the start of each 12-month period – rather than accruing over a year of service
• It will not accrue from one year to the next

There are some exceptions to the entitlements, such as enterprise awards. If an employment contract or workplace policy provides less than the minimum entitlement in the applicable award, the award entitlement still applies.

The HR Dept can help you understand the implications of the new leave entitlements for your business and work with you to ensure you comply with implementing them.

For further advice on ensuring victims of family and domestic violence in your workplace can receive their entitlements without unnecessary business disruption, contact The HR Dept today.

Essential tips for a happy and healthy workforce

It’s no secret that mentally healthy workers are more productive. Promoting good mental health is not just a nice thing to do – it’s a smart business decision.

The Mentally Healthy Workplace Alliance was established in 2013 to encourage – and provide resources for – mentally healthy workplaces.

Their suggestions for managers include:

• Using online resources to educate your employees about mental health
• Speak openly about mental health in the workplace and encourage others to do the same
• Communicate your commitment to privacy and equal opportunity
• Develop a mental health and wellbeing policy
• Minimise workplace risks to mental health, such as job stress
• If you are concerned about an employee, have a conversation with them

Contact The HR Dept for advice on making your business a mentally healthy one.

Manager’s email goes viral (for all the wrong reasons)

Ever dreamed of having your emails to employees go viral? It happened to one Sydney boss, for all the wrong reasons.

The outrageous outburst by Marcus Wood, the director of Mars Recruiting, was reported in The Guardian.

Wood’s email to staff included a rant about under performing staff “getting on my tits” and threatening they would have their “sorry asses fired and slung out the door in under 3 months”.

After confessing he was the author of the self-described “Gordon Ramsay meets Donald Trump-style email rant”, Woods claims to have learned from the experience after the leaked email went viral.

Moral of this story – if you want to avoid making a public apology (or winding up in court), think before you press send.

When staff performance issues get you down, don’t deal with it yourself. Contact The HR Dept for help.

What to do when an employee doesn’t return from holidays?

Everybody looks forward to their annual holiday. So much so that some find it a struggle to return to work and the routine of everyday life afterwards. But if an employee heads off on holiday never to be seen, or heard from again, this could be abandonment of employment at the employee’s initiative.

As an employer, how will you know that an employee has abandoned their employment?

It can be hard to prove as there could be many viable reasons as to why they have not returned to work. Abandonment of employment can usually be concluded when an employee’s actions (or inactions) indicate that they do not wish to return to work.

A lack of communication on the employee’s part can make this a cloudy situation. So you will want to make sure you have followed all the necessary steps before concluding the employee has no intention of ever returning to work.

Before you choose the dismissal route, it’s worth noting that all employees are protected against unfair termination under the Fair Work Act. So, to cover yourself, you’ll want to be sure that you made every effort to clarify the situation before making any risky assumptions.

There are a series of steps that you must follow before concluding abandonment of employment:

1. Consider the circumstances of the absence, including its length and the reasons surrounding it. Has the employee tried to make contact?
2. Attempt to make contact with the employee. Try calling or emailing the employee and keep a record of attempted contact.
3. Send a letter. Explain via letter that the employee is taking unauthorised absence and that an explanation of absence is required. Set a date for the employee to respond or report to work by, otherwise employment abandonment may be accepted.
4. Repeat the previous steps to show every effort has been made to communicate with the absent employee.
5. Send a final letter. If no contact has been made by the employee after following the above steps, send a signed for letter which clearly determines that after several attempts to contact the employee, you have accepted they have abandoned their employment.

For advice on what to do if the employee responds, or to check the process against a specific award, call your local expert at The HR Dept.

Is your Fair Work statement up to date?

With updates to the Fair Work Statement every year, keeping on top of yours can be a hassle.

The Statement forms part of the National Employment Standards (NES) and gives employees a clear framework for understanding their employment.

A vital part of the Fair Work Statement is the National Employment Standards. These outline ten mandatory employment standards that must be given to every employee, regardless of their award, contract type or contract length.

WorkPro – an online platform for managing workforce compliance – enables you to deliver the Fair Work Statement as a mandatory online task for your worker to read and accept. It also records their response.

WorkPro also automatically updates the Statement each year, making it a quick and easy way of ensuring compliance.

The HR Dept offers WorkPro so speak to us about how it can streamline the key aspects of your workplace compliance.

More work in less time? Lessons from the four-day week

While most employees dream of working less without sacrificing income, one New Zealand company made this a reality. The company’s founder had the idea for the trial after reading that workplace productivity could be as low as one-and-a-half hours per day.

The results were surprising. Not only was job performance maintained (even increased) over four days, stress was reduced by 7% and work/life balance improved by 24%. Job engagement and satisfaction also increased.

The four-day week may not be for everyone but offering flexible work arrangements can be a great start towards achieving the same outcomes.

Why SMEs should act on workplace sexual harassment

Celebrity sexual harassment allegations in the entertainment industry have dominated the news since October 2017 and triggered an unprecedented global reaction. The worldwide #metoo movement has evolved as women, in particular, feel empowered to speak out on social media about their experiences of workplace sexual harassment.

Now attention will be on Australia as the Australian Human Rights Commission (AHRC) has announced a ‘world first’ enquiry into sexual harassment in the workplace. Kate Jenkins, the sex discrimination commissioner, will lead the enquiry. In comments to the ABC she said:

“The timing was right, the appetite for change is there and we have all the functions to make sure we can help Australia lead the globe in finding new solutions for sexual harassment.”

The enquiry will explore the reasons behind the growing number of incidents of workplace sexual harassment. It will investigate what businesses are doing to address them and the impact of existing Australian laws. Special attention will be given to women who are affected financially when workplace sexual harassment causes them to change employers or miss out on promotion.

The Federal Government supports the 12-month AHRC enquiry and is funding half the estimated $1m cost.

Every Australian will have the chance to lodge a submission with the enquiry and public consultations will be held in major cities as well as regional centres. Workplace sexual harassment policies and procedures used by businesses around the country will be under scrutiny, as well as the outcomes of complaints.

The HR Dept can help you understand workplace sexual harassment laws and review your policies and procedures, so your employees and your business are protected. Read on for some top tips on stamping out sexual harassment in the workplace.

– Set the tone. Make it undeniably clear to all of your employees that sexual harassment will not be tolerated and will be dealt with severely.
– Lead by example. Ensure your company culture is inclusive and fair to all.
– Communicate. Provide training with clear instructions on behavioural expectations and how to report harassment.

For further advice on how to address sexual harassment in your workplace contact your local HR Dept professional today.

July 2018 brings minimum wage increases

With the new financial year underway, have you updated your payroll to comply with the increase in the national minimum wage?

At the beginning of June, Fair Work Commission (FWC) President, Justice Iain Ross announced the following changes to the minimum wage, effective from 1 July 2018:

• 3.5% increase
• New hourly rate – $18.93 per hour
• New weekly rate – $719.20 for a 38-hour week
• Weekly increase – $24.30 per week

The weekly increase was nearly double the Australian Industry Group’s preferred amount of $12.50. But the figure fell well short of the $50 per week sought by the Australian Council of Trade Unions (ACTU).

Union secretary, Sally McManus, conceded the rise was “a step in the right direction” but felt it didn’t go far enough.
Justice Ross said the commission had delivered an increase in real wages for minimum wage employees, without adversely affecting employment or putting pressure on inflation. Workplace Minister Craig Laundy agreed, describing the FWC’s decision as “carefully considered and balanced”.

The HR Dept recognises the financial impact that this will have on small businesses and can advise on ways to staff your business in the most effective and cost-efficient way whilst not getting the wage rates wrong and falling foul of the Fair Work Ombudsman. Not only could you face huge wage back payment bills you could face hefty fines and small businesses are not excused or out of the line of fire from the FWO!

If you have employees who are receiving the minimum wage, you must make sure you implement the new hourly or weekly rates.

Robots find a new way to take your job

Imagine discovering a robot had terminated one of your staff and you were helpless to intervene. If this sounds like a scene from a sci-fi action movie – it’s not. This actually occurred recently at a company in California.

Software developer, Ibrahim Diallo was mistakenly sacked by a seemingly malicious robot that gradually shut him out of every online system at his workplace.

So, while the management team wanted him to keep working, it became impossible. Even the company director was unable to roll back or override the system.

An investigation eventually revealed the glitch was caused by an ex-employee who had failed to update Ibrahim’s details prior to a system upgrade.

Ultimately, human error was to blame. But, if you want to stop the robots from running riot in your workplace, make sure any automated HR systems are reversible

Changes to Disability Employment Services have arrived

Have you created a workplace that supports employees living with disabilities? Did you know Disability Employment Services (DES) help Australians with a disability prepare for work and find a job? They can also assist employers with implementing practices that improve workplace conditions.

Now, after consulting with people living with disability, disability peak organisations, disability service providers and employers, the DES program is changing. From July 2018, DES participants have more choice about the services they use and how they’re delivered.

The changes will help people living with disability, injury or a health condition get work and stay employed. They include:

• Improving participant choice and control
• Engendering competition and contestability in service delivery
• Improving incentives for providers to place job seekers in employment
• Introducing indexation of provider payments and
• A trial of expanded DES eligibility for students in the last year of school

Contact us if you are seeking advice regarding support for a disabled employee.

How to win over employees with workplace wellness

It’s not a cliché! Your employees genuinely are your most valuable asset. But looking after their wellbeing at work by introducing wellness benefits delivers a win for you, and them. It’s no wonder wellness benefits are becoming increasingly more common in Australian workplaces.

In the US, wellness benefits are more frequently offered as a means to improve employee recruitment and encourage retention. But there are many other advantages to keeping your staff healthy and happy at work, such as:

• Productivity increases
• Less work-related ill-health and fewer injuries
• Reduced workers compensation costs
• Less absenteeism and staff turnover
• Employee relations improvements
• Healthier workplace environments
• Developing your reputation as an employer of choice

Would you like to boost the wellbeing of your team and increase workplace productivity? Ask us how we can help you introduce wellness benefits for your employees.

Avoid an expensive case of mistaken identity

Did you know that mistaking an employee for a contractor can cost you up to $63,000 per person in fines? And that’s just with the Fair Work Ombudsman (FWO). The Australian Tax Office (ATO) can bring other penalties for unpaid tax and/or superannuation.

Many businesses may never recover from such high fines!

The problem is, it can seem difficult to know who is a genuine contractor and who isn’t.

If you feel unsure, we can help. Contact your local HR Dept professional today for advice.

Culture is king – how to win millennial loyalty

It’s official. The days when jobs were for life are long gone. But it’s not employers driving this change in attitude. The modern millennial workforce is proving increasingly hard to retain.

Results from the 2018 Deloitte Millennial Survey of over 10,000 millennials, across 36 countries, revealed millennials are feeling disillusioned with self-serving businesses.

In Australia, monetary rewards are important but they aren’t the top priority for millennial job seekers. The survey indicated their most highly-rated job considerations were:

• Work environment
• Financial rewards/benefits
• Flexibility

Millennials – anyone born between 1983 and 1994 – will soon make up the majority of our Australian workforce. Their concerns are not only relevant but also an indication of what employers must do to attract and retain them.

The cost and disruption of high staff turnover have a bigger impact on small to medium enterprises as they have fewer employees and smaller budgets.

Almost half (44%) of millennials surveyed anticipated changing their employer in under two years, with only 22% considering tenure of over 5 years.

According to Deloitte Australia’s chief operating officer, David Hill:

“While pay and culture attract this cohort to employers, it’s diversity, inclusion and flexibility that keep them there… Those working for employers perceived to have diverse workforces and senior management teams are more likely to want to stay five or more years.”

Millennials are also aware of what’s sometimes referred to as Industry 4.0 – more digital technologies including Artificial Intelligence introduced to the workplace. They feel employers should provide training opportunities, particularly in more human-centric soft skills such as critical thinking, creativity or innovation.

So how can you make your workplace more appealing to millennials so they want to work for you, and more importantly, are happy to stay?

• Build a diverse workplace and a culture that offers meaning beyond financial gain
• Offer attractive financial rewards
• Include flexibility in your work practices
• Provide more professional development opportunities

The HR Dept can help you with these and other initiatives to grow a loyal millennial workforce. Call us on 1800 473 378 or email info@hrdept.com.au

Process fail delivers unfair dismissal win

When is a resignation not a resignation? It sounds like a trick question, but for the Fair Work Commission (FWC), the answer is very simple.

In March 2018, a nail technician working at a Melbourne beauty salon lodged an unfair dismissal claim, despite having resigned from her job. The FWC found in her favour and the business was ordered to pay over $20,000 in wages and superannuation.

So, how did a resignation lead to a successful unfair dismissal claim? Two hours after receiving her resignation, the business fired the employee via email, stating she’d altered a medical certificate, giving them grounds to terminate her. Fair Work Commissioner Michelle Bissett ruled this email invalidated the resignation and opened the door to an unfair dismissal claim.

At the hearing, the FWC accepted the technician resigned because she felt bullied by her employer after making enquiries about her wages. There was evidence she had previously contacted the ATO and the Fair Work Ombudsman about pay and superannuation she believed she was owed.

The employer offered little proof the technician had backdated her medical certificate and the dismissal was found to be harsh and unjust.

If you want to avoid a similar situation in your business, it’s important to remember you can accept a resignation but still reject the reasons given. However, you should avoid countering a resignation with a dismissal.

For help with termination questions contact The HR Dept.

We can develop thorough processes to ensure your employee-related activities – from performance management to suspicions of fraudulent behaviour – are always documented.

Should candidates keep mum about their pregnancy?

For women, when it comes to revealing pregnancy or even marital status, it can feel like the recruitment playing field is far from even. Credit report specialists, Credit Angel, recently revealed that around one in three female job applicants don’t wear wedding rings when attending job interviews.

And a woman on a parenting website ignited debate when she asked forum members whether she should reveal her pregnancy during a job interview. She was concerned she might not be offered the job if her potential employer knew she was seven months pregnant. Responses were split between people urging her to be honest, while others believed the employer would discriminate.

Despite the concerns, Australian employment law is clear – neither an applicant nor an employee can be discriminated against because of their gender.

For employers, negotiating employment law and ensuring you’re protected against discrimination claims can be tricky. To be sure, contact The HR Dept today.

Is your business affected by Single Touch Payroll?

From July 2018, Single Touch Payroll (STP) will be mandatory for ‘substantial employers’ (defined as businesses that employ 20 or more people).

New processes can bring new challenges, so how should you prepare for STP? Here are 7 tips:

• Establish whether you’re a substantial employer. (No need to submit your headcount to the ATO.)
• Speak to The HR Dept and/or your payroll software provider about STP help and reporting.
• Subscribe to ATO updates about STP and make sure your contact details are current.
• Review your payroll processes, to ensure payroll staff understand and are prepared for STP implementation from 1 July.
• If you won’t be ready in time for rollout, contact the ATO and ask for an extension.
• Once your software and systems are set up, begin reporting to the ATO.
• If you encounter problems, get in touch with The HR Dept who will be able to help.

Strategy essentials for remote working success

Has your business embraced the idea of employees working remotely? In recent years, working from home has become a well-established practice in many companies. A study by Remote.co revealed working remotely has grown by 115% since 2005.

There are some challenges such as isolation and accountability. But remote working also delivers benefits for businesses and employees alike, from improved productivity to cost savings, greater job satisfaction and healthier employees.

Founder and CEO of Remote.co, Sara Sutton Fell acknowledges that the success or failure of remote work depends on how it’s executed.

“There are critical strategies and management techniques necessary to make remote work a success, whether it’s applied to one worker, a team, or an entire business.”

Are you interested in developing a remote work policy for your workplace? Avoid the challenges – speak to us.

Embracing sport to build winning workplace teams

Australia has a worldwide reputation as a sports-mad nation. From Test cricket to football – sport consistently outranks other entertainment in the TV ratings and around the water cooler.

When major events like this year’s football World Cup draw near, it’s an excellent opportunity to boost employee engagement.

Start by injecting some fun into your workplace:

• Install a TV in the breakout room
• Organise a World Cup sweepstakes
• Hold a ‘wear your team shirt’ day

Introduce some flexible work options. You’ll reduce the likelihood of employees arriving bleary-eyed and distracted and you’ll demonstrate your commitment to work-life balance.

Act now – the Real Estate Award has changed!

On 2 April, the Real Estate Award changed so if you operate a real estate agency, you need to act quickly to ensure compliance.

Here’s an overview of the main changes but for a detailed breakdown, visit Changes to the Real Estate Award.

 Employment classifications and weekly wages

Four new classifications have been introduced as follows:

• a new Real Estate Employee Level 1 (Associate Level)
• a new Real Estate Employee Level 2 (Representative Level)
• a new Real Estate Employee Level 3 (Supervisory Level)
• a new Real Estate Employee Level 4 (In-charge Level)

Commission only employment

Minimum employment conditions for commission only employees have changed. To be eligible, employees:

• Need to be a Real Estate Employee Level 2 or above.
• Need to have worked in property sales or commercial, industrial or retail leasing as a Real Estate Employee Level 2 or as a licensed real estate agent for at least 12 consecutive months over the previous 3 years.
• Who are engaged after 2 April 2018, need to meet the new minimum income threshold amount rules.
• Who are already engaged before 2 April 2018, can continue their commission only arrangement as long as their arrangement is reviewed each year and meets the new minimum income threshold amount rules.

Payments on termination of employment

 Employees may be entitled to a portion of these payments where employment ends:

• Because of their serious misconduct, if there was an enforceable property sale or lease contract in place before the date the employment ends.
• For any other reason, if there was an enforceable property sale or lease contract in place before the end of the exclusive agency period.

Annual leave for commission only employees

Commission only employees are still not paid annual leave loading. However, the award now confirms annual leave should be paid at the employee’s base pay rate for their classification at the time of taking leave.

The HR Dept can help you manage Awards in your workplace. Call us on 1800 473 378 or email info@hrdept.com.au

Racial bias in recruitment – are you guilty?

Badly written job ads are a waste of everyone’s time and money. The employer doesn’t attract the right applicants for the role, and the applicants spend time applying for jobs they won’t get.

Last month, a job ad posted by Optus attracted a lot of attention for all the wrong reasons. The ad, which stated a preference for ‘Anglo Saxon’ applicants, was not just badly written; it was offensive and discriminatory. It was removed within 24 hours but had already been shared, discussed and criticised widely on social media.

Optus was forced into damage control and publicly stated their commitment to equal opportunity employment and diversity. Optus’s vice-president of human resources, Vaughan Paul released an apology stating:

“This error is completely unacceptable and a clear breach of our advertising standards and commitment to equal opportunity employment.”

Whether the appalling word choice was caused by error, poor judgement or a combination of the two, it revealed a failing in Optus’s internal processes. After all, why was the ad posted without being reviewed first?

The public outcry was a clear indication that there’s no place for racial bias in Australian recruitment culture. Employment law reflects this attitude, so Optus could face more than just reputational damage.

The Fair Work Act 2009 makes it unlawful for employers to discriminate against an employee or prospective employee on the basis of race. A corporation faces a maximum penalty of $63,000 for a single contravention of unlawful discrimination protections. For individuals, the penalty is $12,600.

To ensure your job ads meet legal requirements and attract quality candidates, seek professional help to write them.

Don’t let zombie contracts come back to bite you!

Are your employment contracts, or lack of them, a ticking time bomb for your business?

Recently, the Federal Circuit Court of Australia (FCCA) ruled a casual plant operator, working for an earthmoving business for 15 years, was actually a permanent employee.

The court ordered the employer to pay the operator for untaken annual leave accrued over the 15 years.

The employer argued the worker was paid a casual loading. However, there was no contract in place to support this position.

Another area of risk for employers is “zombie” contracts. These are contracts put in place during the Work Choices-era that, in some cases, haven’t been updated. This situation is allowed if both the employee and employer have agreed the contract can continue.

However, new employees should not be engaged using “zombie” contracts as many include work conditions that aren’t aligned with modern awards.

Contact us if you’d like help reviewing or updating your contracts.

Costly cybercrime committed by bored employee

Most businesses today are at risk from Cybercrime. Attacks usually involve data being held to ransom by anonymous entities. But sometimes the perpetrator can be closer to home.

When Tek4’s managing director received emails threatening to delete critical company data unless a ransom was paid, he called the police. They traced the crime to a trusted employee who claimed he acted out of boredom.

The ransom wasn’t paid, but it’s estimated the attack cost the company and its insurers over £1.5 million in fees, lost turnover and profit.

It’s good practice to safeguard all your sensitive data!

Nearly 50% of staff shop online during working hours

Most employees would never slip out to the shops during working hours. But many view online shopping differently.

When Finder.com surveyed 2085 employees, they discovered nearly 50% had shopped online at work. The results show some states have a bigger problem than others:

• 70% in New South Wales and Western Australia
• 67% in Victoria
• 64% in Queensland and South Australia

While employees do work and respond to emails outside business hours, Finder found the annual estimated cost of lost productivity from online shopping is around $31 billion.

So, if you want to reduce costs and deter staff from sneaking off to their favourite shopping platform:

• Develop a clear policy for online activities and ensure all employees have seen, understood and agreed to it.
• Build a workplace culture where employees feel valued and engaged so they’re less likely to drift off to an online store.

Adaptability more beneficial than cultural fit

If you want employees who’ll bring long-term benefits to your workplace, look for applicants who’ve travelled or lived overseas or been exposed to different work environments.

It sounds counter-intuitive but Amir Goldberg, associate professor of organisational behaviour at Stanford Graduate School of Business, says adaptability is more important than instant cultural fit.

According to Goldberg, recent research used linguistic analysis of internal emails sent within a tech company over five years. The results suggest candidates who are able to adapt to your culture are a better choice.

“We find that what predicts who will stay, who will leave, and who will be fired is not so much initial level of cultural fit as much as their trajectory, the degree to which they adapt.”

If you’d like help recruiting the right staff, speak to us today.

Should employees have the right to choose their working hours?

Could your workplace function efficiently if your employees dictated the hours they were available to work each month? Employer groups say ‘no’! But the Australian Council of Trade Unions (ACTU) disagrees.

The ACTU has been campaigning to change the Fair Work Act to give employees the right to access flexible, family-friendly hours. Last year, the union brought their Family-Friendly Work Arrangements Case to the Fair Work Commission.

Not surprisingly, peak employer organisation, The Australian Industry Group (Ai Group) opposed the change and took the lead in representing Australian employers against the ACTU’s case.

On this occasion, the full bench of the FWC agreed with employer groups that the move would be detrimental to business operations and ruled against the ACTU’s case.

Innes Willox, chief executive of Ai Group, reacted to the ruling by stating:

‘If the ACTU’s claims had been accepted, all awards would have been varied to give employees the right to dictate to their employer what hours and days they work, with the employer having no right to refuse, regardless of the circumstances’.

In her response to the outcome, ACTU secretary Sally McManus claimed:

‘The proposed changes were a common-sense solution to the situation that so many workers find themselves in, sandwiched between caring responsibilities and work.’

Ms McManus also highlighted that the ruling would have a greater impact on women, who bear the brunt of carer responsibilities. She accused the Commission of choosing to ‘maintain a broken system which leaves women with nowhere to turn’.

“It goes against the culture I thought the tax office was trying to develop – of staff working together to help administer the tax system”.

The ACTU believes the current law that gives workers the right to request family-friendly work arrangements doesn’t go far enough. They want employees to be able to appeal their employer’s decision if their request is refused.

Interestingly, despite the FWC’s rejection of the ACTU’s case, it did not dismiss the issue of flexible hours. Instead, it encouraged employers and employees to keep discussions open and find solutions that are mutually beneficial.

The price of policing work-life balance

If some of your staff consistently work additional hours, it might be a cause for concern rather than celebration.

After all, what can appear as dedication to the job might, in reality, be a sign that they’re struggling to manage their workload. How do you know when to intervene and insist on some work-life balance?

In France, a baker has fallen foul of local employment laws aimed at enforcing healthy work practices. Cédric Vaivre, who owns Boulangerie du Lacin in Lusigny-sur-Barse, has been opening seven days a week when the law restricts him to six. 

Cédric refused to comply, so he was hit with a €3,000 fine. But his community supports his determination to fight the rule, as they believe he has valid reasons for staying open.

When you’re dealing with employees who regularly work long days, whatever the reason, it’s essential to encourage healthy levels of work-life balance as a long-term strategy.

Backup social media policies with employee education

As social media platforms become more integrated into the workplace, it’s essential to proceed carefully when investigating potential breaches of your social media policy.

In the unfair dismissal claim between Clint Remmert and Broken Hill Operations Pty Ltd T/A Rasp Mine, the commissioner ruled there were grounds for dismissal. But, poor HR procedures resulted in the employer having to pay Mr Remmert $28,000 in compensation.

The Fair Work Commission found that Mr Remmert contravened the company’s detailed social media policy by participating in a Facebook discussion outside work, belittling another employee.

However, it also found he had never been adequately trained or consulted on the policy content. Consequently, the company was ordered to pay him compensation.

So, a comprehensive social media policy is not enough without a robust process for sharing it with your staff.

Modern awards to include domestic violence leave

If you employ staff under a modern award, it’s a good idea to start preparing your business for the introduction of domestic violence leave.

Last month, while conducting its 4-yearly award review, the Fair Work Commission (FWC) ruled to include five days unpaid domestic violence leave in all modern awards.

This is more than the 2-3 days suggested by employer groups but much less than the incident-based, uncapped option the ACTU supported.

While the introduction of domestic violence leave will bring relief to many, it will mean workplaces affected will need to alter their leave entitlement processes.

If you’d like to get your business organised before the changes to legislation are finalised, here are some questions to consider:

• How will you incorporate domestic violence leave into your existing leave policies and processes?
• When and how will you share details of the entitlement with your staff?
• Should you organise training for personnel who may be required to handle requests for leave from employees experiencing incidents of domestic violence?
• What sort of evidence will you require to support a request for unpaid domestic violence leave? The FWC suggests evidence that “would satisfy a reasonable person” such as documents issued by police, medical staff and/or courts.
• How will you ensure privacy and store this confidential evidence?

Initially, domestic violence leave will be available to all permanent and casual modern award workers. But, the Federal government is working on amendments to the Fair Work Act 2009 to make domestic violence leave available to all national system employees.

Need help understanding or implementing the new domestic violence leave entitlements? Contact The HR Dept.

How much reference checking is enough?

How deep should you dig when checking a reference for a potential new hire? An employee of Linfox thought recruiters should have questioned a negative reference, so he took the matter to the Fair Work Commission.

Initially, he claimed his application for an internal vacancy was unfairly treated because Linfox had a policy of preferring internal candidates but filled the role externally. The Commission ruled Linfox had acted fairly because the external applicants had better references.

The employee appealed this decision as he claimed he’d received a reference that wrongly attributed several negative incidents to him.

The Commission again ruled that Linfox’s process was fair, as it’s not normal recruitment practice to investigate the legitimacy of references. Recruiters make final decisions based on the references received.

If you’d like help with reference checks or managing your complete recruitment process, speak to us today.

Unpaid intern or employee? Get it wrong at your cost

If you want to avoid attention from the Fair Work Ombudsman, or damage to your reputation, you should exercise diligence when offering unpaid internships.

According to the Fair Work Ombudsman, an unpaid internship must be a vocational placement, which it defines as, ‘a formal work experience arrangement that is part of an education or training course.’

Even when this stipulation is met, the intern can be deemed an employee if you’re not clear about the conditions that apply.

Don’t risk prosecution, financial liabilities or reputational harm. Contact us for some expert help setting up your unpaid internship contracts.

Does dobbing on your colleagues damage workplace culture?

How do you manage employee lunch breaks? Would you feel comfortable asking team members to report a colleague who comes back late?

Encouraging your employees to ‘dob’ on each other doesn’t sound like a strategy that would build workplace harmony. And yet, it’s been widely reported in the media that the Australian Taxation Office (ATO) is doing just that.

According to the ABC, in December 2017 the ATO issued a memo to employees asking them to report colleagues who waste time or fail to record time off properly.

The memo gave examples of scenarios that might need reporting and subsequent monitoring.

“A colleague makes a habit of taking long lunches; or regularly leaves early; or spends the first hour at work eating breakfast and reading the paper… or all of the above…”

Like many government agencies, the ATO is always focused on improving workplace productivity. The ATO claimed the memo was merely meant to urge public sector workers to talk to their managers about any issues that arise in their workplace.

It’s probably true that a colleague who appears to take advantage of flexi time or is consistently late back from breaks can cause resentment within a team. But is introducing a system that encourages workers to report on each other’s activities the best way to address the issue?

Could asking employees to report these small incidences create a culture of mistrust that makes teamwork impossible and harms productivity?

Jeff Lapidos of the Australia Services Union certainly thinks so. When asked about the ATO’s memo, he told the ABC,

“It goes against the culture I thought the tax office was trying to develop – of staff working together to help administer the tax system”.

Every workplace needs a fair system to manage breaks as they affect everyone. If you want to avoid service gaps, why not draw up a lunch break roster – then stick to it.

Alternatively, talk to the HR Dept about time management systems that will keep you and your staff happy. Call us on 1800 473 378 or email info@hrdept.com.au

Don’t be caught out by 457 Visa changes

The abolition of the 457 visa program will impact workforce planning in businesses around Australia. Do you understand what it means for your workplace?

From 1 March, the 457 visa has been abolished. Its replacement, the new Temporary Skills Shortage (TSS) visa, has been introduced by the Australian Government through the Department of Homeland Affairs.

The changes have been brought about to ensure that temporary overseas workers aren’t creating a disadvantage for Australians seeking employment. According to the Department of Homeland Affairs:

“This new visa is part of the Government’s significant reform package to strengthen the integrity and quality of Australia’s temporary and permanent employer sponsored skilled migration programs.”

If you currently employ overseas workers using 457 visas, new applications will no longer be processed but existing 457 visas will continue to remain in effect.

The new TSS visa offers employers three options categorised as follows:

• Short-term stream to source genuine temporary overseas skilled workers for up to two years
• Medium-term stream to source highly skilled overseas workers for up to four years
• Labour-agreement stream to source overseas skilled workers in accordance with a labour agreement with the Commonwealth

Each category has conditions attached ­– detailed information is available from the Department of Homeland Affairs

The TSS visa includes more rigorous requirements than the previous 457 program.

One such requirement is for visa applicants to have at least two years’ work experience in their skilled occupation. Employers will also need to pass a new non-discriminatory workforce test to ensure they are not actively discriminating against Australian workers.

Higher penalties for businesses with poor record keeping

Would your business records stand up to close inspection? The Fair Work Ombudsman’s recent investigation of the Caltex service network uncovered record keeping and pay slip breaches by some franchisees.

Whether intentional or not, the cost of failing to maintain proper workplace records is going up. Following the introduction of the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017, fines have increased.

The maximum penalties that can be imposed on employers who fail to keep proper records have doubled to:

• $63,000 for companies
• $12,600 for individuals

Repeated instances of underpayment and other ‘serious contraventions’ of the Fair Work Act also attract significantly higher penalties of up to:

• $630,000 for companies
• $126,000 for individuals

To avoid hefty non-compliance penalties:

• Regularly review your payroll and record keeping practices
• Ensure workers are being paid correctly
• Retain required employment records for a period of seven years

Should new pet owners have the same leave rights as new parents?

Is welcoming a new pet into your home on a par with bringing home a new baby? Some animal lovers believe it is and they want the same considerations as new parents.

Sydney-sider Monique Gibbons is one of a growing number of Australians taking leave while she settles her puppy into her home. She doesn’t have children but she feels the act of becoming a new pet owner is just as significant.

“My dog will be like a surrogate child for me so I don’t see why I shouldn’t treat the dog’s arrival as if it were my own baby.”

Although some employers in the UK have introduced pet leave under certain circumstances, this type of leave doesn’t exist in Australia … yet!

Family-friendly policies are a must in the modern age. But for now, the best advice for animal lovers who want to spend time with their pets is to take annual leave.

Don’t let a data breach catch you by surprise

Have you considered the impact a data breach could have on your business?

First of all, you run the risk of losing the hard-won trust of your customers which could lead to the loss of their custom. This is why, when breaches occur, companies (think Uber) sometimes try to keep it from their clients.

In Australia, from 22 February 2018, this ceased to be a legal option for businesses subject to new mandatory data breach notification legislation.

If your organisation is affected by these reforms, you must report data breaches in circumstances where serious harm could occur to an individual whose data has been compromised. Otherwise, your business could face financial penalties of up to $1.8 million.

So, don’t wait for a breach to happen – manage your risk and response with clear data security policies.

Simplify managing staff leave

Are other people’s holiday plans a source of stress for you?

The range of climates in Australia means we can find a spot for a getaway all year round. But weather is only one consideration. School holidays and annual celebrations such as Christmas can mean most staff members want time off around the same dates.

It can be tricky keeping track of holiday applications and ensuring your customers don’t experience a drop in service.

Simple software like PeopleHub can make it easy to see who’s away or identify service gaps. Get in touch if you’d like to learn more.