Newsletters

Newsletter - June 2010

John Cachia - Wednesday, July 07, 2010

June 2010: In this edition

Termination of Employment… so you’re the employer, and you’re about to terminate one of your employees, are you aware of the correct procedures to follow, and are you aware of the potential ramifications of these actions?

Changes to Workplace Health & Safety Legislation… soon the Government will implement changes to Workplace Safety Legislation which will have particular impact on business. It is imperative organisations are aware and prepared for this!!!

Just a Thought… what characteristics do effective leaders need to help them perform and help the organisation grow?


Before we get started, the following is an update of news from the last couple of weeks…

• Skills shortage remains as Australia appears to be in the grips of a talent shortage with 45% of employers having difficulty in filling key positions, including Skilled Trades; Sales Representatives and Engineers;

• The Federal Government is about to collect a $10 billion windfall in regards to unclaimed Superannuation… it appears that so many individuals have not accessed these unclaimed funds and apparently the [superannuation] industry executives believe its impossible to find the owners of the [individual] funds;

• On 3 June 2010 the Minimum Wage Panel of Fair Work Australia awarded a $26 per week increase to all adult minimum wage classifications in modern awards and the national minimum wage. This lifts the minimum wage to $569.90 a week, or $15 per hour. There will also be proportionate increases that apply to junior employees and those employees who have training arrangements, such as apprentices and trainees. These minimum wage increases will be effective from 1 July 2010;

Termination of Employment...

Under the new National Workplace [relations] system, new ‘Unfair Dismissal’ laws have been introduced which will impact upon Small Business.

For the purposes of definition… Unfair Dismissal occurs when an employee has been terminated and it is found that the dismissal was harsh, unjust or unreasonable and the dismissal was not a case of genuine redundancy. 

Note… Unfair Dismissal does not occur for Small Business who employs fewer than 15 employees and certain processes/guidelines were followed to ensure the actions/outcomes were appropriate.  
So, when is a dismissal considered harsh, unjust or unreasonable? When it is found that:-
- There was no valid reason given for the dismissal with regards to the employees conduct or capacity;
- The employee was not notified of the reason nor allowed the opportunity to respond; and
- [if] the dismissal relates to unsatisfactory performance, was the employee warned about such performance issues prior the termination;
Notwithstanding an employer has the right to summarily dismiss an employee for reasons such as; Serious Misconduct, which includes…theft; fraud; violence and [serious] breaches of Occupational Health and Safety procedures.
Further Workplace Legislation prohibits an employee being terminated where the reasons are deemed ‘Unlawful’ (i.e. reasons that are deemed discriminatory). Generally the employee will have protection against ‘Unlawful’ termination under the General Protection provision of the Fair Work Act 2009.
When the employment relationship ends, employees should receive the following entitlements [in their final pay]:-
-
Any outstanding wages (or other remuneration) still owing;
 
- Any payments being made in Lieu of Notice;
 
- Any outstanding entitlements to Annual or Long Service Leave; and
- Any severance payments (with regards to Redundancy) as per the [relevant] Federal Workplace Laws, or the respective Industrial Agreement (i.e. Awards, Agreements);
When an employee has been terminated and he/she feels the termination was unfair, they have the opportunity to seek the assistance of Fair Work Australia (FWA).
Applications regarding Unfair Dismissal must be lodged within 14 days of the termination date. Once FWA is involved certain actions are initiated including the verification of the claim and the instigation of the conciliation process.
If FWA finds the dismissal was in fact ‘Unfair’ it may order the reinstatement of the employee or financial compensation (of up to 26 weeks pay).
Of course the employer can object to such an application [of Unfair Dismissal] especially if:-
- The application was lodged outside the prescribed time limits;
- The applicant (i.e. employee) is not covered by Unfair Dismissal laws (or is not eligible to make an application); or
- The complaint is frivolous, vexatious or has no reasonable prospects of success.
Whilst the termination of employment, for any reason, is never a pleasant experience, it is sometimes necessary (given the prevailing circumstances). Therefore it is imperative that organizations ensure this process is conducted professionally, appropriately and according to legislation.
 

Health & Safety Legislation changes...

The Government is introducing changes to Workplace Health & Safety legislation which will have an affect on all businesses… It is expected that all laws will commence on 1 January 2012.
Specifically, the Australian Government has identified work health and safety as a priority area for reform.
One of the key elements of the reform agenda is harmonisation – moving towards one set of work health and safety laws.
The harmonisation of work health and safety laws aims to reduce the incidence of death, injury and disease across Australia.
Safe Work Australia is responsible for developing model work health and safety laws. The model Work Health and Safety laws will consist of the model Work Health & Safety Act, supported by model Work Health & Safety Regulations and model Codes of Practice that can be readily adopted around Australia.
This requires each state and territory to pass their own laws that mirror the model work health and safety laws and adopt them by December 2011.
Further there is an increased focus on combating Bullying and Harassment in the workplace…
Did you know?

- Bullying is unreasonable behaviour that creates a risk of physical or psychological harm that usually is repeated over time however can result from a single incident.
- There have been 2,400 workers compensation claims made for workplace bullying costing more than $60 million during the past two years.
WorkCover is stepping up the fight against workplace bullying with a new awareness campaign launched recently.
WorkCover inspectors and advisory officers will assess the systems employer’s have in place to address bullying and provide educational resources to help businesses understand their work health and safety obligations.
Organisations will need to develop and implement systems that will ensure their compliance with these and existing [workplace] safety legislation.
Such a system would be a Business Safety Program, which has been designed to assist Small and Medium Enterprises (SME’s) to manage health and safety obligations consistent with their size, industry risks and available resources.
The benefits of such a program allow organisations the opportunity to reduce the impact and worry of implementing strategies for controlling safety with immediate effect.
The Business Safety Program can be designed specifically for you and the organisation.
This month is your chance to start the new financial year with a clear understanding of how you comply with the current OHS legislation and “YES” implementing such changes will not only ensure compliance to legislation, but may also be financially beneficial to the business.

Just a Thought...

When we consult text, effective leadership is defined as people who possess desirable traits or qualities, for example – charisma, foresight, persuasiveness and intensity.

It is a given that Organisations are successful largely as a result of the personal (and flexible) leadership qualities of its people, especially as the business world is in a state of flux…so organisations are finding that the leadership required goes beyond the traditional model.

This is a result of changing organisational structures; a new and diverse workforce (that have increased expectations); reduced ‘company’ loyalties; and individuals whose respect for authority has diminished.

Research conducted into this topic questioned what actually characterises effective leadership…and found that:-
- without leadership organisations struggle in times of change;
- leadership is imperative from Senior Executives throughout all levels of the business;
- leadership abilities do not automatically come with the position/title;
- effective leaders inspire other to take on leadership tasks; and
- effective leadership skills can be learned.

It is also important to recognise that the leader’s personality, past experiences and expectations will influence their [individual] choices and/or style. Suffice to say, leaders develop the style with which they are most comfortable. Notwithstanding, this does not mean that their style cannot be changed, and as such [effective] leaders understand that some styles work better for them than others. And so if one style proves inappropriate, this can be changed!

Considering the above, it is clear that [effective] leadership is an imperative for organisations especially because of the critical role it plays in the organisations success. However as has been seen/witnessed in organisations, their leaders appear not to have the skills nor the capacity to effectively lead the business successfully! These leaders are appointed because they are technically competent (with regards to the operation), yet are not developed as people managers.

As has been stated, effective leaders can be influence the direction and therefore the success of the business, so appropriate ‘Management Development’ programs are required to ensure the people entrusted with the growth of the business, are too given the chance to grow.


If you would like any further information regarding the information contained within this Newsletter and/or any other HR Matter, please don’t hesitate in contacting us at contact@hrmconsulting.com.au or you can call John Cachia direct on 0419 738 735.
Remember at HRM Consulting, we help grow your business through smart solutions for your most valuable resource: your people!



Newsletter - May 2010

John Cachia - Thursday, May 13, 2010

May 2010: In this edition

Award Modernisation… the Industrial Relations system continues to evolve, has your business kept up to date with these changes?

Social Networking in the Workplace… whilst we all agree communication is key at work, how beneficial is this form of communication and can Companies use this to greater effect?

Just a Thought –‘Henry Tax Review’ – this review was given to the Federal Government but only a few announcements have been made. What impact will the entire review have on small business?

Before we get started, the following is an update of news from the last couple of weeks…

  • Australia’s Unemployment Rate was a seasonally adjusted 5.3% in March, which has remained stable since the February period, with the participation rate at 65.1%;
  • WorkCover NSW has launched its latest advertising campaign entitled ‘Homecomings.’ This campaign is designed to remind companies and workers that the most important reason for workplace safety is not the actual work. The campaign states that each year thousands of workers are injured (and some never recover), and yes those injuries represent lost talent, experience, productivity and income. More importantly though, the campaign highlights that such injuries extend beyond the physical effects as these injuries also impact on the family;
  • It appears that job prospects for this quarter and for the remainder of this year are strong as evidenced by the Australian Chamber of Commerce and Industry’s latest report. This report suggests a level of confidence is the highest its been since March 2008, and suggests that employee numbers will increase;

 

Award Modernisation...

The Award Modernisation process involved reviewing and rationalising the awards in the national workplace relations system so as to create a series of ‘modern awards.’

 

This process began in March 2008, and by the end of 2009, some 1500 awards had been reviewed and in their place 122 industry and occupational awards were created.

 

These [modern] awards commenced on the 1st January 2010 however most will include transitional provisions to allow a ‘phasing in’ of changes in wages, loadings and penalties…over a five (5) year period.  

 

These 122 modern awards together with ten (10) minimum National Employment Standards (NES), and the national minimum wage order, make up the ‘safety net’ for employees under this new system.   Modern awards must not contain terms and conditions that are less favourable than the national employment standards (effective from 1 January 2010).

 

It is important to note that employers and employees in the national system have the same workplace rights and obligation, regardless of the state they work in.

 

Features of the national industrial relations system include:-

-          the National Employment Standards (as referred to above);

-          [modern] awards that apply nationally for specific industries and occupations;

-          a national wage order (where it applies);

-          enterprise bargaining, and

-          protection from unfair dismissal.

 

These modern awards cover employees in a particular industry or occupation, for example, employees of constitutional corporations covered by the national workplace relations system, including:-

-          in Victoria, the Australian Capital Territory and the Northern Territory – all other employment;

-          in New South Wales, Queensland and South Australia – all other private sector employment (form 1 January 2010), and

-          in Tasmania – all other private sector and local Government employment (from 1 January 2010).

 

The following are generally not covered:-

-          in Western Australia – state public sector and local Government employment and employment by non-constitutional corporations in the private sector;

-          in News South Wales, Queensland and South Australia – state public sector and local Government employment, and

-          in Tasmania – state public sector employment.

 

Note that employers and employees that are not covered by the national industrial relations system will remain covered by the applicable state industrial relations system, with the inclusion of provisions for national entitlements tom unpaid parental leave and notice of termination (or the payment of lieu thereof) as well as protection from the unlawful termination of employment.

 

Given these changes (i.e. the award modernisation process), the award previously used may well cease to exist, and as such it is imperative that employers and employees understand the modern award that covers their particular industry and/or occupation.

However, some employees are covered by an agreement and not an award.   An agreement is a legally binding document negotiated between the employer and the employee and contains employment terms and conditions that are often more generous than those contained in awards.

 

Social Networking in the Workplace...

Social Networks focus on developing and enhancing social relationships between people, who share a common interest. These social networks [platforms] can display personal information etc… (i.e. Facebook & Twitter) and/or professional particulars (i.e. LinkedIn).

The early social networking philosophies were to bring individuals together as a part of a community group with which they can share personal information and/or ideas (i.e. chat rooms). These, as we can see, have become very successful methods of communicating.

With this success come some concerns with regards to users making too much personal information available for all to see!

This has led to privacy issues where; not only do users disclose too much, [hosting] sites don’t take adequate steps to protect user privacy and third parties are actively seeking out user information.

I am aware of one particular organization that thought using such social network sites as a recruitment tool. Their idea was to look at a candidates profile to see what kind of person they appear to be, and use this to help determine the candidates’ suitability to the role and the culture of the company.

Interestingly the perception of using social network to help you find a job may be good in theory; however a recent survey conducted by Hays Recruitment found that 45% of job seekers didn’t see this as a viable option to help find work.

Notwithstanding some within the recruitment industry believe that this is an important medium to help promote an individual. It is important that people know about you, to get a feel for the sort of person you are. So the opportunity to connect via (say) LinkedIn is a good way to consider who the person is.

It is believed that LinkedIn is a particularly helpful way for making business connections. A Deloitte’s study has found that 23% of Companies already use social networking as a recruitment tool.

This of course all suggests that the process is ‘out in the open’ and potential candidates are maybe aware of who is viewing their profile!

Interestingly, I read of a European business that uses Facebook as a virtual ‘open house’ where candidates and Companies can meet on line and network…

So we see that social networking is in the workplace and is having an impact on the way we work. It appears that a majority of employers (worldwide) do not have a formal policy in place regarding the use of such sites at work, and therefore adopting a ‘wait and see’ approach before they do. But for those who support such mediums, the need for waiting can’t be understood.

The results of surveys of social networking appear to identify the following benefits; brand building 20%; fostering collaboration and communication 19%; new talent recruitment 15%; candidate assessment 13% and professional development of employees 13%;

 

I was reading a recent article in the paper that suggests the Federal Government’s initial response to the Henry Tax Review may have delivered some benefit to Small Business owners because it seems there are very few nasty surprises.   

 

Yes we did see that in its announcement, the Government wants to increase the Superannuation Guarantee levy up to 12% by 2020.   This will start with an increase of .25% (on the current rate of 9%) for the 2014 tax year – thus giving business time to prepare and consider this in future wage negotiations. Then on an annual basis, the rate continues to rise till 12% is achieved.

If that was a negative, one of the benefits identified relates to the way small business claims a tax deduction for new assets; this ostensibly will help with cash flow! An example of this is new assets costing up to $5k can be claimed in the full year (they are purchased). All other assets (except buildings) will be deprecated by 30% per year.   This is dependant upon this passing both houses of Parliament. Of course advice from a qualified accountant on this matter is advisable.

The only other change announced (at this time) was a reduction in the company tax rate for small business, from 30% to 28% effective from 1 July 2012.

It is important to note that this report produced 1000 pages and over 130 recommendations, with only a small amount being delivered now… so the obvious question is, what reforms are waiting for after the election?

 

If you would like any further information regarding the information contained within this Newsletter and/or any other HR Matter, please don’t hesitate in contacting us at contact@hrmconsulting.com.au or you can call John Cachia direct on 0419 738 735.

Remember at HRM Consulting, we help grow your business through smart solutions for your most valuable resource: your people!

 

HRM Consulting Notice: If this communication has been sent to you by mistake, please delete and notify us. If it has been sent to you by mistake, legal privilege is not waived or lost and you are not entitled to use it in any way. HRM Consulting reserves the right to monitor e-mail communication through its networks. © HRM Consulting All Rights Reserved

 

 

 

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Newsletter - October 2009

John Cachia - Monday, October 26, 2009

October 2009: In this edition

  • Contracts of Employment… are you using appropriately written contracts that contain the correct terms and conditions?   If not, will you be exposed to [potential] legislative ramifications?
  • Employee Absenteeism… “tell me why… I don’t like Mondays” (and Fridays), employee absenteeism is on the rise, how is this affecting business?
  • Just a Thought – Emotional Intelligence… do we really need it? and do we understand what to do with it?

    Before we get started, I thought it prudent to look at some news of the last couple of weeks…

 

  • Australia’s Unemployment Rate for the period September 2009 was 5.7% (seasonally adjusted) which is a reduction of 0.1pts from August 2009.   For the 12 months (i.e. Sept 2008 to Sept 2009) the unemployment rate increased by 1.4pts;

    • More than 300,000 NSW workers received a 2.8% wage increase when the NSWIRC handed down its minimum wages decision making the new weekly wage $568.20.   these take affect from the date of the decision, being 30th July 2009;

  • Job ads increased by 4.4% in September as a result of improved sales and/or orders.   This follows a similar increase in August.   These figures represent a rise of 9% from the low results shown in June;

 

Contracts of Employment...

Does your organisation have and use current and accurate Contracts of Employment?   What happens if the employment relationship ends… is the Company satisfied that there is no potential [legislative] claim awaiting them?

Contracts of Employment, the issuing of the contract and the accuracy of the terms and conditions is a fundamental issue in employment, however not all organisations issue contracts, or if they do, in many cases, they are either inaccurate or they don’t contain appropriate clauses!

It is necessary for Companies to acknowledge the importance of contracts as these become the first step in identifying the ‘legal foundation’ of the employment relationship.

Usually business finds out their contracts (terms and conditions] are not correct when a former employee contests them in the ‘Commission.’   Sadly the results aren’t always good for the Company!

As it is sometimes the case, when the employment relationship ends, the employee enlists the services of an Industrial Relations Specialist (i.e. lawyer).   At this time the contract is read and re-read with the view to finding [any] inaccuracies that could lead to a payment, in addition to that already provided (i.e. notice, leave entitlements) or in some cases, employment is reinstated.

Therefore employers who don’t carefully manage and/or maintain employment contracts are often exposed to such claims.

To assist organisations with avoiding claims, they must ensure employment contracts are updated regularly and routinely, having clearly defined terms and conditions.   Additionally, whenever there is a significant change in employment (i.e. promotion or position change) a new and complete contract ought to be prepared and signed, thus becoming the current ‘legal’ document.

In occasions where there are variations to the contract, for example salary increases; these should be documented in a separate memorandum or letter.   This letter therefore will not change the employment conditions, hence the original contract remains.

Once a contract of employment comes into existence it attracts the operation of a whole range of rules and laws.  For example, an industrial award may apply to the employer – employee relationship as well as the laws dealing with workers’ compensation, annual holidays, long service leave, occupational health and safety etc…

A contract, therefore, is the result of an agreement [finally] reached between both the employer and the employee…and the law accepts that an agreement is reached when an offer is made and subsequently accepted…and this offer and acceptance is communicated and the terms of the agreement must be certain.
 
Having an appropriately prepared and administered contract of employment will ensure the above occurs… it will also ensure that there is no likelihood of any doubt or misinterpretation of the employment terms and conditions.  Suffice to say management would be well advised to ensure of current and future employees have written and up-to-date, contracts of employment.

Employee Absenteeism...

Despite the so-called ‘Global Financial Crisis’ (GFC), or maybe because of it, sick leave is on the rise [in Australia] as workers partake in that age-old tradition of having a ‘sickie.’

The average number of days lost to sick leave [2008/2009] was 9.3 days… which is up from 8.6 days in the previous year.

It appears that work has become harder [recently] for Australians ostensibly due to slashed budgets, fewer staff doing more work and the difficulties of meeting performance targets in this tough economy.

Because the jobs market tightened, the available jobs are just not there, hence staff are forced to stay in a role they may not be happy with.

Industries worst hit by absenteeism include, Tourism – 10.4 days; Banking Finance & Insurance 9.2 days and Telecommunications & Utilities with 9.9 days.

However, above all, Government employees absenteeism rates remained higher [than other sectors] with 10.8 sick days per person per year.
When questioned 90% of employers believed these sick days were ‘non-genuine’ and that there was a higher incidence of absenteeism on Mondays and Fridays as well as around School Holidays and/or special events.

Although ‘unexpected illness’ was highlighted as one reason for the absence, other non health reasons were contributors, such as home & family responsibilities, poor management of absences, rostering inflexibility and low morale.

Reports suggest the best ways to address rising absenteeism include a catch up meeting with the employee upon the day they return…or actively review absenteeism to identify appropriate treatment methods.
It is apparent that today’s economic climate has placed more pressure on the remaining workforce and it is this pressure that leads to stress which leads to sickness!

Employees may be genuinely ill, but the reasons may be more problematic that may require something akin to an ‘Employee Assistance Program.’   A good employer should be able to identify such matters and seek to address them immediately.












 

 

Just a Thought...

Do we need Emotional Intelligence? Given that business is still affected by the economic climate, is it prudent that organisations invest in Training, and what, you may ask, has this got to do with Emotional Intelligence?

Thankfully not all business Executives have stuck their heads in the sand, rather they have been proactive in promoting education programs.   Progressive organisations are those ‘true believers’ still investing in their people.
This investment in Learning and Development includes Emotional Intelligence!!! and it seems that there is a greater need now (more than ever) for managers to be educated on the concepts and tools of applying Emotional Intelligence at work.

It seems that much of the work environment has become ‘emotionalised’ because of perceived difficulties brought on due to the Global Financial Crisis.   People are more likely to be on edge and/or apprehensive as a result.

For example, there is potential for workplace conflict arising from:-

      • Personal Stress,
      • Additional Work Pressures,
      • Increased Responsibilities,
      • Heavier Workloads, and
      • Increased Sales Targets.

Despite it being the responsibility of the individual to control their emotions at work, it is however up to the manager to recognise such negative emotions, then establish programs to address them…this includes acting as a coach and/or mentor.

Therefore having the ability to recognise these emotions and the underlying causes is a skill – one which a good manager should possess!   This leads to the ability to empathise with the team in order to avoid unnecessary confrontation!

If you would like any further information regarding the information contained within this Newsletter and/or any other HR Matter, please don’t hesitate in contacting us at contact@hrmconsulting.com.au or you can call John Cachia direct on 0419 738 735.

Remember at HRM Consulting, we help grow your business through smart solutions for your most valuable resource: your people!

 

HRM Consulting Notice: If this communication has been sent to you by mistake, please delete and notify us. If it has been sent to you by mistake, legal privilege is not waived or lost and you are not entitled to use it in any way. HRM Consulting reserves the right to monitor e-mail communication through its networks. © HRM Consulting All Rights Reserved

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Newsletter - September 2009

John Cachia - Friday, October 09, 2009

4th edition

HRM Consulting – Newsletter September 2009,

Welcome to the September 2009 HRM Consulting Services Newsletter. In this month’s edition we look at the following issues:-

-         Award Modernisation,

-         National Health & Safety Legislation,

-         Just a Thought – The Key to Selling is Listening, and

-         Postscript,

Before we get started, I thought it prudent to look at some news of the last couple of weeks…

-         Days lost due to Industrial unrest rose dramatically prior the introduction of the new ‘Fair Work’ legislation;

-         Absenteeism costs are $26m per year with an average of 8.6 days per person being taken (across all sectors). This means approx 3.7 staff are away on any given day;

-         Talented professionals are on the move. A recent poll of [global] corporations shows that 20% of their best and brightest have changed their companies. This is double those being made redundant;


Award Modernisation… as a part of the Federal Governments ‘Fair Work’ legislation/reforms, work is well underway in developing modern awards which become operational from 1 January 2010.

The purpose of the modern awards is to replace the myriad of differing awards and industrial agreements currently operating throughout Australia.   Under a formal Government request, the Australian Industrial Relations Commission (AIRC) is required to complete the award modernisation process by 31 December 2009.   This means approximately 130 modern industry and occupational awards will be made in readiness for 1 January.

It is important to note that some specific award provisions will not become fully operational until after the first full pay period (on or after) 1 July 2010.   These provisions relate to either increases or reductions to the following matters:-

-         Minimum wages, piecework rates, and applicable industry allowances;

-         Casual and Part Time loadings,

-         Saturday, Sunday, Public Holiday, evening and other penalties;

-         Shift allowances and/or penalties;

…note it is only these provisions that are subject for review, therefore all other award conditions apply from 1 January.

Modern awards will build upon the ‘National Employment Standards’ and may include ten (10) additional minimum conditions of employment, relevant to the needs of the industry/occupation, these conditions include:-

-         Wages,

-         Types of employment,

-         Arrangements for when work is performed,

-         Overtime and penalty rates,

-         Annualized wages and salary,

-         Allowances,

-         Leave related matters,

-         Superannuation, and

-         Employee representation and dispute settlement,

The message from the [Federal] Government is that neither the making of the modern award nor the operation of transitional arrangements is intended to result in a reduction of the take-home pay of employees covered by the award.   Instances where this occurs will be referred to Fair Work Australia.

Further to this, it is also intended that no organization should realise additional costs (to wages, allowances, penalties etc…) following the introduction of modern awards.

However, the AIRC has indicated some employers would face higher costs, and some employees would be disadvantaged by the reforms, even after measures to delay the start of some conditions by six (6) months (and these can be spread over a five (5) year period).


National Health and Safety Legislationin April of last year the Minister for Employment and Workplace Relations, the Hon Julia Gillard MP, announced a national review into model Occupational Health and Safety (OHS) Laws.

The reasons behind the review stem from the concerns held by all levels of Government who hold the belief that all workers have a right to safe and healthy workplaces.   Suffice to say, all [Governments] have taken a broadly similar approach to regulating safer workplaces.

This approach involves a principle OHS Act identifying common law duty of care, supported by detailed regulations and codes of practice, and a system of education, inspection, advice, compliance activities and, where appropriate, prosecution.

The importance of harmonised OHS laws has been recognised by the Council of Australian Governments (CoAG), the Productivity Commission and the States and Territories.

The legislation will consist of a principal Act supported by regulations and codes of practice that can be easily adopted in each jurisdiction.   By harmonising OHS laws in this way the perceived benefits will be, a reduction in red tape, a boost to business efficiency which will ultimately provide greater certainty and protections for all at work.

The Federal Government has since appointed an advisory panel who is charged with conducting a national review of the current OHS legislation (across all jurisdictions) and recommend the optimal structure and content of the new legislation.   In this review the panel will:-

-         examine the principal OHS legislation for each state and territory, identifying areas of best practice, common practice and inconsistency;

-         Consider work already undertaken by the Australian Safety and Compensation Council as well as recent reviews commissioned by the Government;

-         Take into account the changing nature or work and employment arrangements;

-         Consult with business, governments, unions and other interested parties on matters relating to the review; and

-         Make recommendations on the optimal structure and content of legislation;

A National OHS strategy was developed, and it provides the framework to improve the country’s OHS performance.   It sets out the national targets to reduce the incidence of work related fatalities by at least 20% and to reduce workplace injury (including musculoskeletal disorders) by at least 40% by June 2012.

On September 17th the senate passed the Safe Work Australia Bill which will allow Safe Work Australia to be established and operate as an independent statutory agency that is responsible to improve occupational health & safety and workers compensation arrangements across Australia.

Despite the intention of the National Occupational Health & Safety legislation, resistance is growing amongst state and territory ministers as well as [some] trade Unions.   In one particular case the Trade Unions are urging the Government to include an injured workers right to prosecute employers over OHS breaches.   This is currently available in NSW and the ACT.

So where to from here? At present model legislation regulations and recommendations (from the national review) is available for public comment.  

It is intended the legislation be submitted to the Workplace Relations Ministers’ Council (WRMC) for agreement in November/December this year.   At the same time associated draft regulations will be developed and submitted to the WRMC for decision.

Progressively from late 2009, the model regulations reviews will be conducted on the model regulations with regards to existing national OHS standards.   This review will lead to the development of Codes of Practice which is scheduled for late 2010.  

It is envisaged the legislation and regulations will be implemented by all states and territories by December 2011.


Just a Thought… The Key to Selling is Listening, Today we are all in the business of Sales… yes all of us, even those of us who are behind the scenes and don’t physically see a ‘customer’ face to face.   We no longer have the luxury of hiding at our desks we must realise we all impact on sales.

Given the state of the economy, we cannot ignore the facts, business is too competitive and times are tough, and so we can’t afford to ignore the customer.   Maybe some of us will have difficulty in seeing ourselves as a salesperson, but now, it’s become a life skill.  

Consider this, if you’re normally turned off by the concept of selling, think about all those times/situations where you’ve had to persuade… that is just selling by another name; and more and more these are skills we need to have.

In the work sense, having good sales people is fundamental to its success…for example, it’s amazing that organisations don’t realise the first face shown to the world is the Receptionist.   It’s the Receptionist who lets you know you are welcome and that the company values you as a customer.   The Receptionist may not be seeling a product, but they are selling [promoting] the Company.

For those of us who then sell… and when we say sell, we’re not talking about being manipulative, fast talking, highly scripted and formulaic and only being concerned about the product! No, we’re talking about the human aspect of the concept.

We should think about selling as a partnership.   So if we can stop showing, telling, demonstrating, talking and explaining and do more asking, listening, questioning, observing and discussing, we’d be far better off.

Research shows that 80% of sales calls are taken up with the salesperson talking about themselves/their product, and so, only 20% are listening to the customer.   This means instead of the individual buying the product, they are actually sold on it!

The sales process should really be seen as a process by which you enable the individual to buy their goods/service.  

Consider the last time you went to buy clothes, was the sales person the type who said things like; “you right there?” or “What size are you?” then points to the rack that has what you’re looking for…or did you encounter a person who asked you what you were looking for and for what purpose etc… which person [realistically] will be the one to get your custom?

The sales process should be seen as enabling the buying process by simply applying [your] natural charm and showing interest in the customer.   You should have the knack of making the customer feel as though they are the most important person in the room.

Organisations need to start thinking that at employee induction, this concept of sales must be promoted…it should become a corporate culture and something all employees relate to.   We must remember that we all touch a customer and we need to be conscious of this in our daily tasks.


 Post Scriptto the July Newsletter – Courtesy in the Workplace… Research into the cost of ‘Bad Manners’ has identified that stress to employees affected by this issue, could cost up to as much as $US300 billion ($AU363 billion) in lost productivity. Apparently this type of behaviour includes – texting in meetings; spreading rumours; taking credit for others work; ignoring emails and not saying please or thank you.


If you would like any further information regarding the information contained within this Newsletter and/or any other HR Matter, please don’t hesitate in contacting us at contact@hrmconsulting.com.au or you can call John Cachia direct on 0419 738 735.

 

Remember at HRM Consulting, we help grow your business through smart solutions for your most valuable resource: your people!

 

 



Newsletter - August 2009

John Cachia - Saturday, August 15, 2009

3rd edition

HRM Consulting – Newsletter August 2009,

Welcome to the August 2009 HRM Consulting Services Newsletter. In this month’s edition we look at the following issues:-

-         Labour Force Figures – July 2009

-         Safety News – Safety matters in hard times, and

-         Just a Thought – Business Confidence is on the rise.’

Before we get started, I thought it prudent to look at some news of the last couple of weeks…

-         NSW State Awards received an increase of 2.8% (per week);

-         The Australian Bureau of Statistics (ABS) reports in the twelve (12) months to May 2009, full time (adult) total earnings rose by 5.6% [for males] and 5.0% [for females];

-         The Reserve Bank of Australia (RBA) considers rate increase as the economy improves;


Labour Force Figures remain steady… there are signs that the economy is stabilising and that the labour market is resilient following the results of the latest ‘Employment Rates’ statistics which show that unemployment remained steady at 5.8%.

Reports show a surprising 32,200 jobs were created in July. This is seen as the biggest increase [in jobs] in more than a year. This is in stark contrast to reports, prior the release of these figures that expected a substantial rise in lay-offs.

Key to this result was the increase in part time employment which rose by 48,200 positions, surpassing the reduction of some 16,000 full time jobs. This increase in part time work is in keeping with the trend towards fewer working hours as witnessed over the last 12 months.

The Federal Government has commented on the positive way in which all parties (i.e. workers, employers and unions) have reacted to the current climate as they have taken a sensible approach to retaining jobs.

According to the Australian Bureau of Statistics (ABS), the workforce participation rate was steady at 65.3% which suggests more people are entering or staying in the job market, which is better than expected for the current market trends.

Predictions from Economists suggest that the official forecasted [unemployment rate] of 8.5% are now too pessimistic, with many now forecasting a rate of 7.5% is more likely. This positive news on jobs however may have a negative impact on interest rates, with some suggesting that interest rates will increase.

The change in employment status, from full time to part time, is said to slow household income growth, thus undermining consumer spending. This will increase the likelihood that any recovery will be sluggish. Interestingly this change in employment status has helped stem the tide of the economic downturn, so rather than terminating employees, by reducing the hours worked has helped to moderate the [likely] recession.

Notwithstanding, these figures suggest employers efforts to retain staff support the theory that the worst is coming to an end and the possibility of an economic recovery is very likely.

These results are supported by a survey conducted by the Commonwealth Bank and the Australian Chamber of Commerce & Industry of 2519 employers which found that although the employment outlook was weak, economic and business conditions are set to improve in the September quarter.



Safety matters in hard times… its no surprise to hear that businesses across the country are feeling the effects of the current financial situation.   As a result, [some] employers have sought ways to cut and/or reduce costs to its operation.   Although this may be an imperative, it is important that Safety is not adversely impacted upon.

The obvious areas to reduce your spend will be on items such as stationery, [cream] biscuits in the tea room, or removing the office plants.   Some organisations will change their recruitment plans or consider a complete restructure.   These decisions can affect more than the bottom line.

Interestingly, one important matter that is overlooked in all these changes is the impact this will have on the employees.   Increased workloads and/or changes to the workplace or work processes can cause stress and anxiety within the team.   Such distractions/pressures can add to their day, causing them to rush or make mistakes which could put them at risk.

If employees are uncertain about their future and/or the future of the business, they may be reticent to report hazards.

Yes management are looking at ways to ensure the business is productive and achieve short-term profits, and so activities like consultation, maintenance and training may not be considered as a necessity.   This is not the case.   There are genuine business advantages to looking after your employees.

Organisations will benefit greatly from having secure and motivated employees.   This can be reflected by increased productivity, greater involvement and/or innovation from the team and you may also see a reduction in absenteeism.   Having this productive environment can also help companies avoid lost time incidents and compensation claims.

As an employer you may not be able to control the global economy; however you do have the ability to manage and control the activities within your business, and therefore improve the safety and wellbeing of your team.


Just a Thought… Business Confidence is on the rise, and it seems every where you turn there are signs that this is the case.   Reports in the media say that Australian business confidence hit its highest level [July 2009] in almost two years, which suggests an economic recovery is gathering momentum.

This of course is good news which will help the optimists offset the commentary of those who advocate a more pessimistic point of view.

Further good news comes from the fact that the improvement to business outlook will assist those employers who seek to retain their staff despite the downward trend in demand, hence production. 

Although this business confidence is broadly based, reports suggest there are strong signs (specifically) in construction, wholesale, transport and manufacturing industries over recent months.

There are those who are cautiously monitoring this situation suggesting that consumer confidence and therefore spending may weaken. This coupled with low business investment suggest the mid term prospects may not be as bright. Which means it’s important for business not to get too confident.

Take into consideration that over the last few months a number of factors have come into being… including the Government stimulus package and the low interest rates. These factors have now been realised, however going forward there may be no further Government ‘hand-outs’ and the RBA are suggesting the interest rates may rise, as soon as February 2010. Hence the calls for caution may be warranted.

We are however in a better position then some of our allies. In New Zealand the unemployment rate reached a 10 year high of 6% and in the U.S. a reported 371,000 jobs were lost in July, taking their jobless rate to 9.6%

Overall it seems that Australian business have weathered the economic storm relatively well. Yes, there have been restructures and people have lost their jobs, but we see that organisations have developed [appropriate] strategies, new products and markets whilst holding a keen eye on innovation.

I think watch this space is an appropriate perspective as we track along the next six (6) months, and if all the reports are correct, we may well see ourselves and our businesses working in positive territory once again.


If you would like any further information regarding the information contained within this Newsletter and/or any other HR Matter, please don’t hesitate in contacting us at contact@hrmconsulting.com.au or you can call John Cachia direct on 0419 738 735.

 

Remember at HRM Consulting, we help grow your business through smart solutions for your most valuable resource: your people!

 

 



Newsletter - July 2009

John Cachia - Monday, July 20, 2009

2nd Edition

HRM Consulting – Newsletter July 2009,

 

Welcome to the July 2009 HRM Consulting Services Newsletter.   In this month’s edition we have provided information regarding:-

-         The initial weeks of the Fair Work Act – 2009,

-         The introduction of our Organisational Compliance Checklist, and

-         Just a Thought – Commentary on ‘Courtesy in the Workplace.’

Before we get started, I thought it prudent to look at the events of the last couple of weeks…

-         The Fair Work Act – 2009 was introduced;

-         Fair Work Australia replaced the Workplace Authority;

-         The Australian Fair Pay Commission (AFPC) decides not increase minimum wages;

-         The Australian Bureau of Statistics (ABS) reports the Unemployment rate increased to 5.8% (in the June period);


Fair Work Act - 2009… effective 1 July 2009, the Fair Work Act became operational and although there were no ‘fireworks’ the effects of this new piece of legislation will be realised in the workplace.

I have been told by colleagues in the legal fraternity, that the new workplace system is not a huge shift from the former, however the Fair Work Act does have a number of sections that are fundamentally different, for example:-

          - Unfair Dismissal provisions,

          - Workplace Rights, such as Freedom of Association and Anti-Discrimination;

          - The inclusion of Termination and Redundancy provisions;

          - The right to request Flexible Working arrangements; and

          - Bargaining in Good Faith;

Furthermore, the 1st of July ushers in the introduction of Fair Work Australia. This Government body, presented as an independent umpire, will provide advice and assistance with regards to employment terms and conditions in relation to the adherence of the provisions of the Act… as well; Fair Work Australia will assess and decide upon minimum wage decisions.

With the introduction of the Fair Work Act, some employers may be unsure what this means to them… it is important that Managers are aware of and understand the legislative rules with which they employ their staff and thus maintain the employment relationship accordingly.

If Companies have previously negotiated agreements, that were lodged/ratified prior the 1st July 2009, these agreements and their terms & conditions, will continue until they expire… of course those employed under ITEA’s will have until 31st December 2009, when these agreements cease to operate.

Organisations employing staff under [relevant] industry Awards should consider what implications the ‘Modern Awards’ will have on their business and maybe even consider whether it’s time to start negotiating their own Enterprise Agreement.

As the Fair Work Act – 2009 has commenced – to ensure you are conducting Workplace Relations accordingly it would be prudent to seek further advice on any concerns you may have, or to understand how best you can operate your business to maintain compliance with the Act.



Organisational Compliance Checklistto ensure Organisations operate according to relevant Legislation, Regulations and Standards, you are required to have a number of processes and procedures in place.

HRM Consulting has prepared a diagnostic tool (i.e. survey) which asks you (as the responsible manager) to answer, indicating whether you have in place a number of compliance issues, within your organisation.   By selecting the following link, you will be able to access and answer this ‘Organisational Compliance Checklist.

http://www.surveymonkey.com/s.aspx?sm=JmvBhiSJt5m14VufLLvIkg_3d_3d

This survey will take approximately 10 minutes to complete…I therefore ask that you access the above link and answer either YES or NO to each question.  

The sections of the survey are:-

-          Conditions of Employment,

-          Education and Development,

-          Occupational Health & Safety,

-          Workers Compensation/Rehabilitation Program,

-          General Workplace Check.

By answering ‘No’ to any of these questions, you could be in breach of the respective Legislation, Regulations and/or Standards…

To assist you in becoming compliant, HRM Consulting Services will provide you an initial report outlining the areas that require your attention.   We can then devise a program to ensure you soon become compliant.


Just a Thought… I was reading an article recently and its main theme was how courtesy [in the workplace] or the lack of it can cost you, and it made me think how this simple act seems to have diminished from work.   The article goes on to explain a scenario whereby the author was looking to buy a car and how a local dealership seemed disinterested… so obvious was the salesman’s distain that he totally ignored our hero to the point whereby she just left the car yard, and as you guessed it she went elsewhere.

I remember in my youth working in a Retail store, my manager would tell me that those customers walking in the store are $$$ in the register… go out there and greet them, be polite, enquire as their health, and make general conversation.   You don’t want them to feel hassled or hurried…nonetheless, you ensure they’re attended to.   Invariably, I would get the sale and the customer was satisfied with not only the purchase, but the experience as well.

Later in my career, I worked in much larger organisations, who thankfully understood the importance good Customer Service, and often I would here statements such as ‘you don’t get a  second chance to make a first impression’ or ‘if you’re not serving a customer, make sure you serve someone who is.’  

All very good and logical sentiments, after all, courtesy (or the lack of it) could not only affect your sales, but it could also damage your reputation.   Imagine a customer telling 10 friends, who tell their 10 friends [etc…] that the service they received from your business was less than satisfactory.   Soon the word spreads and your sales results plummet!!!

Sometimes you don’t know the customer is dissatisfied, because instead of telling you they ‘re unhappy, they simply leave and find a competitor who is willing to assist them… just as in the case of our hero…she went to another dealership, in another locality, who was only too happy to assist, and you guessed it, she bought the car!


If you would like any further information regarding the information contained within this Newsletter and/or any other HR Matter, please don’t hesitate in contacting us at contact@hrmconsulting.com.au or you can call John direct on 0419 738 735.

 

Remember at HRM Consulting, we help grow your business through smart solutions for your most valuable resource: your people!

 

 



Newsletter - July 2009 Special Edition

John Cachia - Thursday, June 25, 2009

 

HRM Consulting – Newsletter July 2009,


Special Edition…

 

Welcome to the inaugural HRM Consulting Services Newsletter. This is the first edition of the monthly newsletter in which we will update you on changes in the world of HR and/or advise you of upcoming events.

 

In this first edition, I am happy to let you know that we have re-branded the business and at the same time we have developed a new ‘wicked’ website www.hrmconsulting.com.au go on line and familiarise yourself with all the services HRM can provide your business.

In this month’s edition we have provided information regarding:-

-        Services provided at HRM Consulting,

-        Special Note regarding the Federal Governments Fair Work Bill 2009, which is due to commence from the 1st July 2009,

-        Just a Thought (a word for the desk of HRM)!!!


 

Services Provided… HRM Consulting services is made up of professionals who have been working in their [respective] fields for far too long to admit in this forum.   Notwithstanding the collective experience of this team will be more than capable of assisting you with the following services:-

-        Workplace Relations,

-        Occupational Health & Safety,

-        Recruitment & Selection,

-        Training & Development,

-        Performance Management,

-        Remuneration & Benefits,

-        Outplacement & Transitional Management,

 

…in addition to these, we can also assist you with  your Legislative Requirements; Strategic Planning; Policy Development and Organisational Design.

 

HRM has been actively assisting a number of organisations with any number of these services, and so will be well equipped to assist you with your HR needs today, tomorrow and well into the future



Fair Work Bill – 2009
On the 20th March 2009, the Federal Governments Fair Work Bill passed through the Senate, and with this, the wheels were set in motion for its implementation, which occurs on the 1st July 2009. When reading commentary on this legislation we are told that the introduction of the Act has practical implications for businesses across Australia, as ‘Forward with Fairness’ aims to strike a balance between fairness and flexibility at work!

 

This Bill continues with the plan to have a ‘National Industrial System’ which was a big part of the ‘WorkChoices’ philosophy. The idea of removing complexity from the Industrial system (with regards to competing federal and state legislation) was an element that was favoured by employers and employees alike.

 

Bear in mind though, that before the Fair Work Bill takes effect, the Government will introduce two more pieces of legislation. The first is the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009, which was tabled on the 19th March 2009. This refers to the transition from the current system to the new. The second, recently passed through parliament, deals with the consequential amendments to other federal laws and/or referrals of power by the States.

 

With all the publicity surrounding the introduction of the Fair Work Bill, there of course has been much discussion in and out of the workplace. Whilst the level of discussion varies, one aspect seems to remain, and that is, what impact will these changes have on me and/or my business?

 

For some this appears to be a very real problem… a recent survey conducted on small to medium enterprises (SME’s) identified that;-

·         80% of these companies are not ready for the introduction of the new workplace laws,

·         some 45% of SME’s were unprepared or uncertain about how the changes would affect their businesses,

·         30% had a little or no understanding of their obligations under the legislation,

·         50% were rather concerned, or at least somewhat concerned about the changes.

 

Considering the above, it’s obvious that we still have some way to go to prepare for the implementation of the Fair Work Bill. However, it is of paramount importance for the effective running of HR practices in any business, that its managers understand and properly implement this type of legislation.

 

Organisations and their managers cannot ignore this [The Fair Work Bill] and therefore must familiarise themselves with the facts, in addition to juggling a number of other business decisions (especially those brought about by the impacts of the current economic climate)!  


 

 

Just a Thought… we appreciate that in these current ‘economic’ times, companies are trying as best as they can to not only ensure the financial viability of  their business, but the security of employment for their team.

 

Unfortunately, as we have seen, the answer for some has been to reduce staff numbers which of course means Redundancies!!!   This of course generally has a dour impact on everyone concerned…

 

Consider this… the organisation implements a number of strategies including training – job share – enforced leave and the like, to reduce some of the burden.   Thinking of such initiatives will help you when the peaks return… it will also help to build a loyal team as they can see and will appreciate the Company are doing what they can to help them.

 

As we have seen in other dramatic events, the downturn changes and skilled people will be required within the business.   If the business has made team members redundant, they will have to start a recruitment drive that can be costly and take some time (which the Company may not have).

 

Before we make the decision to reduce staff numbers, maybe we should look at the alternatives!!!!


 

If you would like any further information regarding the information contained within this Newsletter and/or any other HR Matter, please don’t hesitate in contacting us at contact@hrmconsulting.com.au or you can call John direct on 0419 738 735.

 

Remember at HRM Consulting, we help grow your business through smart solutions for your most valuable resource: your people!