Newsletters

Newsletter - March 2012

Sat, 28 Apr 2012 06:49:00 GMT

March 2012 - In this Edition

Poor and lengthy interview process frustrates candidates - it seems that despite the current skills shortage and the amount of press on the subject, employers still are not providing an effective recruitment process, and we are seeing that as a result candidates are becoming increasingly frustrated and in some cases are withdrawing their application…

Job losses are still on the rise as confidence wanes - an ‘overwhelming majority’ of CFO’s in Australia’s top-listed companies have no plans to increase staff numbers this year, and in fact expect employee numbers to drop…

Just a thought - it seems that Companies have yet to learn the importance of an effective Induction process...

In the news - Fair Work Ombudsman orders $210k back pay for West Sydney workers, CPI remains at 3.1% for the December 2011 reporting period, Community Sector win equal pay decision, WorkCover NSW Safety Alert – Working with Forklifts…
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Newsletter - September 2011

Mon, 24 Oct 2011 05:55:00 GMT

September 2011: In this Edition

The Mature Age Worker - Australia's shrinking resource - There are around 4 million baby boomers that will be leaving the workforce in the next 20 years. These experienced workers have plenty to offer business and so organisations that can retain such competent people in the workforce should be well prepared to cope with changes in labout supply

Workplace Health and Safety Legislation 2012 - Is your business ready for the change? The Commonwealth, States and Territory Government have agreed to harmonise workplace health and safety laws including Regulations & Codes of Practice so that they are uniform in each jurisdiction.

Just A Thought - Seems to be the rank and file are mobilising and rallying against their employers demanding better pay and conditions.

In the News - ACTU warn against the 'casualisation' of the Australian workforce, shorter after-school shifts in the retail industry, job vacancies decline by 1.3% from the May quarter and more than 1 in 10 families with dependants were jobless in June of this year - a figure that has remained steady for the past few years.

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Newsletter - Aug 2011

Tue, 20 Sep 2011 23:31:00 GMT

August 2011: In this Edition

Industrial Unrest on the Rise - It seems that where organisations have 'poor' human resources practices, industrial unrest and therefore strike action is occurring.

Is Work Making Us Sick? A recent survey shows that, on average, each worker takes 9.87 days off work each year. This includes Sick, Carers and Personal leave.

Just A Thought - Are redundancies becoming the new, improved and easier for of termination? It seems that some employers want to do this as an easy way out...

In the News - Australia's unemployment rate increased by 0.1 percentage point in July 2011, the National Minimum Wage Order 2011 has been reviewed and a new weekly minimum wage has been set, Changes to consumer law - the Trade Practices Act (TPA has now been replaced by the Competition and Consumer Act (2010).

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Newsletter - July 2011

Sun, 17 Jul 2011 02:43:00 GMT

July 2011: In this Edition

Manufacturing in Australia is slowing - In a recent survey conducted by Westpac, manufacturing trends fell sharply in June from what was a good March quarter, and it seems this trend will continue for the September quarter as well. Further reports suggest that as the Asian economy grows, Australia will benefit...

The Flexible Office - Moving on from the traditional office surrounded by four walls and water coolers, savvy business operators have found a new environment from which to conduct their business.

Just A Thought - Perhaps if people stay engaged in the workplace and are stimulated by their job..maybe you might find they're more likely to stay and improve their workplace productivty.

In the News - with the coming of the new financial year there are a few changes regarding compliance that you should be prepared for: as of 1 July, all businesses are responsible for adminstering the paid parental leave scheme; annual leave loading accrued on annual leave is to be paid out when employment ends, even if a Modern Award does not require leave loading to be paid on termination; a workplace audit of your employment relations compliance will help minimise business risks when Fair Work on-site inspections occur; as of 1 July 2011, the director penalty regime will be extended to include the superannuation guarantee.

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Newsletter - March 2011

Tue, 12 Apr 2011 07:57:00 GMT

March 2011: In this edition

Staff Retention (minimising turnover) - Staff turnover becomes an expensive exercise for organisations (recent reports suggest associated costs can range from $15k up to an entire annual salary). So why do staff keep leaving? And how can organisations improve retention?

Emotional Intelligence - Emotional intelligence increases with age and there is an old-fashioned word for this phenomenon: maturity.

Just A Thought - Whilst we can train people to perform their tasks, it's not as easy to teach them the wisdom needed to appropriately respond to unusual situations!

In the News - Australia's unemployment rate unchanged; Fair Work Ombudsman fines NSW employers and unions in excess of $600,000 this financial year for breaches of workplace law; Australia's employee satisfaction level well below global average; Modern Awards transitions continue to roll out

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Newsletter - August 2010

Tue, 12 Apr 2011 08:05:00 GMT

August 2010: In this Edition

Employee Retention - So now we see organisations wiping the sweat from their brow as they see off the scourge of the Global Financial Crisis (GFC). However there appears to be another problem looming for organisations; employees are deciding that it's time to move on!

Training & Competency - Do your employees receive training and development? And if so, does it benefit both the individual and the company? It is a business imperative that effective Workplace Training and Development Programs are introduced....designed to provide learning solutions that are specific to the organisation and/or individual circumstances.

Just a Thought - Are incentive schemes really motivating employees to work harder and therefore return improved benefits for the business?

In the News - Fair Work Australia sick leave ruling; Average Weekly Earnings Report released by the ABS; Workers Compensation premiums fall

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Newsletter - September 2010

Tue, 12 Apr 2011 08:03:00 GMT

September 2010: In this Edition

Skilled Employees in Demand - We continue to hear that unless we get some more skilled employees into the workforce, projects will not be completed resulting in a slowing of our economy.

Discrimination and Mature Age Workers - The Fair Work Ombudsman has produced new education material aimed at raising awareness and helping employers and our senior workers avoid discrimination at work.

Just A Thought - The rites and wrongs of workplace initiation; although some think such pranks are funny, they can have damaging and long-lasting effects.

In the News - Australia's paid parental leave scheme starts 1 January 2011; National Annual Wage Review to be conducted between March and June 2011; Australia's unemployment rate drops.

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Newsletter - October 2010

Tue, 12 Apr 2011 08:02:00 GMT

October 2010: In this Edition

Non Verbal Communication - There was a saying: "you don't get a second chance to make a first impression" and never was a truer statement made when we consider the humble handshake.

Office Safety and Working from Home - Traditional working hours and offices are more flexible now than previously. So where is your office, who is responsible for it and what are the risks?

Just A Thought - How confidential are we really? And what are the consequences of breaching company confidentialty requirements?

In the News - National Workplace Safety Legislation stoush; Melbourne Cup loss of productivity; Australian unemployment rate

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Newsletter - January 2011

Tue, 12 Apr 2011 08:01:00 GMT

January 2011: In this Edition

Paid Parental Leave - Much has been written about the Government's Paid Parental Leave Scheme which became effective from 1 January 2011. It is important to consider how this scheme can assist with the retention of talented staff.

Good Economy = Salary Negotiations - The stronger dollar combined with good employment figures and the emerging skills shortage creates a good environment for salary negotiations. It seems there will be increasing pressure to look after staff initiatives.

Just A Thought - Why is it that there are those at work who are diligent, hard working and don't cause any trouble, yet are overlooked for advancement?

In the News - Definition of "small business" changes from 1 January 2011; changes to the rate of Payroll Tax; changes to Consumer Law; making young workers safer in the workplace

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Newsletter - February 2011

Tue, 12 Apr 2011 07:59:00 GMT

February 2011: In this Edition

Government Superannuation Reforms - An Australian worker, currently aged 30, can expect up to $40k more in their retirement superannution fund following reforms recommended by the Federal Government.

Negativity at Work - One of the most difficult things to manage at work is negativity, and since the Financial Crisis, such emotions have become more noticeable!

Just A Thought - What are going to be the consumer trends for 2011 and have they already started?

In the News - new job ads continue to increase; leave loading may apply to termination pay; new Work Health & Safety Act from 1 January 2012; unemployment rate at 5%

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Newsletter - June 2010

Tue, 12 Apr 2011 08:13:00 GMT

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 it's 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

Tue, 12 Apr 2011 08:23:00 GMT


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 1^st 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 entitlementsfor 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. Download our whitepaper on Award Modernisation	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

Tue, 12 Apr 2011 22:48:00 GMT

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

Newsletter - September 2009

Tue, 12 Apr 2011 08:43:00 GMT

4^th 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 Occupational 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 Legislation… in 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 OH&S 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 OH&S 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 17^th 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 Script” to 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

Tue, 12 Apr 2011 08:50:00 GMT

3^rd 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...it's no surpirse 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.

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

Newsletters

Newsletter - March 2012

March 2012 - In this Edition

Newsletter - September 2011

September 2011: In this Edition

Newsletter - Aug 2011

August 2011: In this Edition

Newsletter - July 2011

July 2011: In this Edition

Newsletter - March 2011

March 2011: In this edition

Newsletter - August 2010

August 2010: In this Edition

Newsletter - September 2010

September 2010: In this Edition

Newsletter - October 2010

October 2010: In this Edition

Newsletter - January 2011

January 2011: In this Edition

Newsletter - February 2011

February 2011: In this Edition

Newsletter - June 2010

June 2010: In this edition

Termination of Employment...

Health & Safety Legislation changes...

Just a Thought...

Newsletter - May 2010

May 2010: In this edition

Award Modernisation...

Social Networking in the Workplace...

Newsletter - October 2009

October 2009: In this edition

Contracts of Employment...

Employee Absenteeism...

Just A Thought...

Newsletter - September 2009

Newsletter - August 2009