What are your options for HR support? Are you thinking about hiring internally or outsourcing to a HR Consultant?

Your organisation may already have basic HR support, this person may be able to manage basic Administrative HR functions such as recruitment and onboarding. But what do you do if more complex issues arise in the workplace, such as underperforming employees, absenteeism or bullying complaints?

OR You may be a growing business and are at the point where you need to decide whether to hire an HR person internally or outsource a HR consultant.

Outsourcing your HR expertise to a HR consultant service such as Industryus HR can ensure that your organisation has access to guidance and support on all aspects of HR, from recruitment and employee relations to training and development. HR consultants can help your business create more efficient and effective HR functions and deal with specific challenges or issues, such as absence management or disciplinary procedures.

Outsourcing to a HR Consultant can bring several benefits:

1.  Cost-saving: Outsourcing your HR processes and procedures can help you save money in the long run. For small to medium businesses, you may not be able to justify hiring an HR person internally. By outsourcing HR functions your business could save money on overhead costs associated with maintaining an in-house HR team.
2.  Save time and stress: Reduce the stress of HR tasks by having access to over-the-phone advice and support to make decisions more confidently. Gain peace of mind knowing you can outsource the more time-consuming HR functions.
3. Access to expertise and experience: Outsourcing to a HR consultant can bring a wealth of expertise, experience, and knowledge of HR functions. By outsourcing your HR, you can gain access to expert guidance and support on HR-related tasks.
4.  Proactive risk management: Outsourced HR consultants can equip your business with the knowledge and tools to be proactive with managing risks, putting your organisation in a defensible position.
5.  Compliance: HR consultants can help you ensure your organisation is compliant with employment law and Fair Work obligations, as these providers stay up to date with changes to Fair Work regulations and can offer advice on how to prepare and manage these changes.
6.  Increased efficiency: Outsourcing your HR takes away the stress and pressure of running a business, allowing you to focus on business improvement and growth.
7. Develop talent: Your business may already have an HR person who could benefit from mentoring and support to improve their skills, capabilities, and knowledge in HR functions.

Overall, outsourcing to a HR consultant is a great way for your business to save money, time, and resources, ensure compliance with employment laws and obligations, and allow your organisation to focus on core business activities rather than HR-related tasks.

Industryus HR offers a membership program that is a cost-effective method of gaining the HR expertise and support your organisation needs. Freedom Members have unlimited access to telephone support and gain immediate access to our online membership portal which contains a wide range of useful templates, letters, and forms to assist you in better managing HR situations and Fair Work Obligations.

If you are interested in gaining guidance and support from experienced HR consultants, get in touch with Industryus HR. Call us on 07 5655 4047.

With years of experience in large organisations, we are your Gold Coast HR Consultant of choice.

Received a workplace complaint? We know it can be really unnerving.

While complaints may not happen every day in most organisations, when they do occur it can be a stressful time not knowing what could happen. This is particularly where there is confusion as to how to best handle it.

As experienced HR Consultants we find that the most common workplace complaints made by employees tend to be about workplace bullying or sexual harassment. Employers often find a complaint follows an attempt to manage poor performance or conduct, which makes dealing with the complaint all the more stressful as often the employee is difficult to deal with.

Employers can attempt to investigate complaints themselves, but it can be fraught with danger. Often larger employers will investigate a complaint internally but they nearly always have a large HR department with an experienced team who has conducted numerous workplace investigations previously. For small to medium sized businesses, internal investigations are more difficult due to resourcing issues and lack of experience.  Also, it can be difficult to ensure impartiality in a smaller organisation and sometimes impressions count for a lot when you have a disgrunteld employee. Due to these reasons, many SMEs outsource their investigations to a workplace investigator.

Using an external investigator for workplace investigations is a positive step for several reasons:

1. Impartiality: As we mentioned, external investigators are neutral parties who have no personal or professional connections to the company or individuals involved in the investigation. This ensures that the investigation is conducted impartially and without bias.
2. Independence: External investigators are not influenced by the organization’s hierarchy or politics. They are not under pressure to produce a particular outcome, which ensures that the investigation is conducted fairly and independently.
3. Expertise: External investigators are professionals who have specific expertise in conducting workplace investigations. They have the necessary knowledge and experience to conduct the investigation efficiently and effectively.
4. Legal compliance: External investigators are familiar with the relevant employment laws and regulations governing workplace investigations in Australia. They can ensure that the investigation is conducted in compliance with legal requirements.
5. Confidentiality: External investigators are bound by confidentiality agreements and can ensure that the investigation is conducted in a confidential manner. This is important in protecting the privacy of those involved in the investigation.
6. Cost-effective: Engaging an external investigator can be more cost-effective than conducting an investigation internally. External investigators can complete the investigation more efficiently and effectively, resulting in fewer disruptions to the organization’s operations.

Overall, using an external investigator for workplace investigations is essential if you want to ensure that the investigation is conducted fairly, impartially, and in compliance with legal requirements.

 

Need a workplace investigation completed? 

Industryus HR’s experienced team can investigate if you have received a workplace complaint. We are experienced Gold Coast based HR Consultants, providing investigative services for employee complaints anywhere in Australia. If you are local to the Gold Coast we use our Gold Coast HQ or Teams to conduct the investigation meetings or if you are located elsewhere around Australia we conduct the meetings via Teams or telephone. We have also supported countless regional and rural employers throughout Queensland, NSW and Victoria with their HR needs. 

Get in touch on 07 5655 4047 or book in a free introductory call here.

If you are experiencing a lack of motivation from your employees, you may need to look internally at your workplace culture, internal processes, and other ways your business does things to see if you can improve employee performance. Whilst lack of motivation can be caused by factors at home, the workplace environment can play a large part in employee performance and willingness to work productively.

To get the most from your team, use these tips from Gold Coast HR Consultant team Industryus HR:

Build a positive environment

Create an environment that encourages collaboration, openness, and respect. Celebrate successes and encourage continuous improvement.

• Encourage collaboration by offering opportunities for team members to work together on projects or tasks. Or hold regular team meetings where collaborative tasks and ideas are at the centre so that this kind of culture is fostered.
• Encourage transparency and honesty, and follow through on your commitments. Leaders that make statements or promises that they don’t honor create a culture of distrust.
• Ensure that everyone treats others with courtesy, dignity, and respect, regardless of their role, their position, how much money they make for the business, their gender, etc. Don’t just say it! Ensure poor behaviour and conflicts are addressed in the workplace consistently and evenly. A culture of disharmony is not the way to improve employee performance.

Communicate effectively

Clearly communicate goals, expectations, and feedback. Provide regular updates and encourage open communication channels.

• Encourage team members to provide feedback and suggestions on work-related matters. Provide opportunities for anonymous feedback if needed.
• Encourage active listening skills by modeling this behavior yourself and encouraging others to do the same.
• Create a culture where asking questions is encouraged and valued. Provide opportunities for team members to ask questions in meetings or through other channels. Have an open-door policy.
• Schedule regular check-ins with team members to discuss work progress and address any concerns. Showing your team that you are consistently too busy for them is a real de-motivator.
• Share relevant information with your team members and encourage them to share information with one another. This may be done via team meetings, quick huddles, or adopting technology such as an intranet or apps like Slack.

Develop your team

Invest in your team’s development and help them acquire new skills.

• Learning doesn’t always have to be costly. Search for free online seminars and courses from subject matter experts that employees can attend during work time. They will feel like you are investing in them and it mixes up their workday too. Even better, put the seminar on the big screen, get a cup of tea, and make a meeting of it!
• Ongoing learning and offering opportunities for career growth can also be achieved without costly outside support. Allow employees to be exposed to new skill sets by cross-training or even spending a day in the life of someone else. Assign them a mentor if one is available, or train them in a new task that might broaden their role a little if they are showing signs of being bored. The offer of challenging and meaningful projects that align with their strengths and interests will improve motivation.

Foster teamwork

Encourage your team to work together and foster a sense of camaraderie.

• Make sure every team member understands where they fit into the bigger picture and how their work contributes to the end product or service. Likewise, ensure everyone understands what others do each day in the organisation so that everyone’s contribution is respected and appreciated. Silos or an ‘us against them’ mentality are a big culture killer, so this one is important.
• Celebrate achievements together as a team and also team achievements (as opposed to recognising only individuals).
• Get out together as a team. Whether it is a seminar, event, or just a coffee catch-up, it’s nice for the team to spend time together in environments other than the confines of the office.
• Encourage an “all in” workplace culture where the entire team is responsible for keeping the ship afloat. For example, the team pitches in to clean the fridge out once a quarter (or it’s rostered), or buying the birthday cake is up to a different person each month, rather than just one person each time. No one wants to feel like the office slave, so by encouraging a shared sense of responsibility, respect for others is encouraged.

Recognise and reward good performance

Acknowledge and reward good performance, whether it’s through financial incentives, promotions, or simple recognition.

• Ensure you have a solid system and process in place that enables your managers to objectively measure employee performance and a mechanism for providing regular feedback so that you can improve employee performance. Employees like feedback and when good employees don’t receive constructive feedback about their performance, it can lead to a feeling of de-motivation and being taken for granted. Therefore make sure feedback is a priority – for everyone.
• Link pay to performance (measurable performance). A tried and tested way to maintain performance levels is where the annual increase or an incentive is performance-based. Unless you are required to by law, think twice about giving employees an increase where they are under a formal performance management process or have received formal warnings for poor conduct as this is a surefire way to demotivate your good people.
• The words ‘thank you’ go a long way. But amplify the impact by telling employees why you are thanking them and how much you appreciate their contribution.

Be flexible

Offer flexible work arrangements where possible to help employees balance their work and personal commitments. In 2023, those employers who are not offering flexible work opportunities for their teams are seriously disadvantaged.

• Think of how you can offer flexible working arrangements and make it happen! (as opposed to thinking how you can’t).
• Flexible work isn’t just working from home, although work from home is highly sought after by employees. Other options include part-time work, job sharing, condensed work weeks, and amended work days (e.g. starting earlier).
• Make sure you have a quality Flexible Work Agreement in place. Contact us if you need help with that one.

Improve employee performance by leadership – lead by example

Model the behaviors and attitudes that you expect from your team. Be honest, transparent, and approachable, and be willing to listen to feedback and make changes as needed.

As HR professionals, the amount of times we see one rule for senior leaders and a different set of rules for employees is astonishing. Culture comes from the very top and it will only ever be great if the very top is aligned. As culture is a key predictor of employee motivation it’s pretty important if you want to improve employee performance and motivation.

If you need support with changing the factors that contribute to employee motivation, get in touch with Industryus HR. With years of experience in large organisations, we are your Gold Coast HR Consultant of choice. Book a FREE INTRODUCTORY CALL.

Or call us on 07 5655 4047.

Recently, the High Court made two important decisions about workplace contracts and how employers should classify workers as either an employee or independent contractor. These decisions have confirmed the importance of having comprehensive and up to date written contracts in place for workers.

The High Court examined two different cases.

First Case – employee or independent contractor

The first case, ZG Operations Australia Pty Ltd v Jamsek, involved two truck drivers.

Between 1977 and 2017, the men were engaged as truck drivers for the same company. The two men started working for the company as employees in 1977, and became delivery drivers in 1980.

Around 1985 or 1986, the company said it would no longer employ them and it would continue to use their services only if they purchased their trucks from the company and entered into individual contracts to carry goods for the company.

Both men agreed, and they set up partnerships with their wives. They used their partnerships to purchase the trucks from the company and they executed written agreements with the company for the provision of delivery of services.

From then on, both men made deliveries, as requested, by the company, and their partnerships invoiced the company for the delivery of services provided. They only delivered goods for that company. They had no other customers.

In 2017, the agreements between the two partnerships and the company were terminated. The two men then began proceedings in the Federal Court seeking entitlements alleged to be owed to them as Employees of the company.

They worked more-or-less regular hours for the company. At various times, the men were asked by the company to install tarpaulins bearing the company logo on their trucks and were supplied with uniforms bearing the company logo, although they weren’t told to wear a uniform. The men were also occasionally asked to perform tasks beyond their core delivery duties, such as cleaning up behind the warehouse.

In 2020, the Federal court found that the men were employees.

High Court Ruling in this case

The employer challenged the Federal Court’s decision in the High Court which ruled that, despite those details of an ongoing regular relationship with the company over many decades, the men were engaged as Contractors for the company, not Employees, subsequently overturning the original decision.

The court acknowledged the reality of the difference in bargaining power between the company and the men. That is, the drivers could have performed delivery services for other customers if they wished, because there were no restrictions in their contracts preventing them from serving other customers outside of the hours, which they were contracted to work for the company. The high court determined that the lengthy working relationship shouldn’t mean that the contract entered into is disregarded, and hence a greater emphasis was placed on the contract by the court.

Second Case – employee or independent contractor

The second case, Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd, involved a 22-year old British backpacker.

He had travelled to Australia on a working holiday visa.

In 2016, seeking a source of income and with limited work experience as a part-time brick-layer and in hospitality, he obtained a “white card”, which enabled him to work on construction sites.

He was offered a role and given paperwork to sign. Among the documents he signed was an Administrative Services Agreement with Construct, which described him as a “self-employed contractor”.

The next day, Construct contacted him and offered him work at a project site of a major client, Hanssen (a builder of high-rise residential apartments and offices) for the following day. When he arrived on the Hanssen site, he was told he’d be supervised, primarily by a leading hand employed by Hanssen.

He worked on the site for between three and four months, from July to November. His basic labouring tasks included emptying bins, cleaning workspaces and moving materials. He was paid by the hour and, when at work was told what to do and how to do it.

Then, in June 2017, he started work on a different Hanssen project, doing practically identical work. However, four days later, he was told by Construct he was not to continue working on that second Hanssen project. Thereafter, he did not receive any more work from Construct.

Eventually, the young man and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) began proceedings in court against Construct, seeking orders for compensation and penalties. Their claims were made on the basis that Construct had not paid the man his entitlement, as an employee of Construct, in accordance with the Building and Construction General On-site Award 2010.

The crucial question in the court proceedings was whether the man was an employee of Construct, rather than a contractor. The original court decisions found that the worker was a contractor, but this was challenged in the High Court.

High Court Ruling in this Case

This week, the High Court ruled that the man was employed by Construct.

It emphasised the fact that, under the contract, Construct was entitled to control who the man worked for and that, once the man was assigned to a client (i.e., Hanssen), he had to do what the client told him to do. He was simply not permitted to do otherwise.

The judge concluded the right of control was a key asset of Construct’s business and that the young man had no right to exercise any control over what work he was to do and how that work was to be carried out.

And that being so, the man’s relationship with Construct was characterised as a contract of service (employee) rather than contract for services.

Therefore, the man was Construct’s employee, not a contractor.

What do these rulings mean?

The ruling by the High Court is significant because it emphasised the importance of written contracts.

Where work is undertaken on the basis of a comprehensive set of written terms, it’s those terms which will be the basis for determining whether or not it’s an employee or an independent contractor relationship.

This finding is significant. We say this because the last time the High Court looked at this issue was in 2001, in Hollis v Vabu Pty Ltd and, since then, the practice has grown up of courts emphasising the need to look beyond the contract and to look at the way in which a working arrangement actually operates.

The High Court is now of the view that while the employee versus independent contractor test still applies, any contractual terms which are fair and equitable must be applied to the decision making, rather than the working arrangement alone.

This had become a contested area of common law and the High Court has now corrected.

The importance of Written Contracts

The decision by the High Court reiterates the absolute importance of written contracts, whether it’s for an employee or independent contractor.

If you have any concerns or questions on the wording of a written contract, give Industryus a call and we can help you get it right.

Q. My business closes each Christmas period for a couple of weeks. Can I direct my employees to take annual leave during a Christmas close down?

A: When a business closes temporarily during slow periods such as Christmas time, this is called a ‘close down’.

Employers may be wondering whether they can direct an employee to use up some of their annual leave entitlements during a close down period, or they may be wondering how to handle this period in general. Employers should check their applicable Modern Award or Enterprise Agreement to understand the rules that apply for the direction of annual leave during such a period and also whether a close down situation applies to their business at all.

Awards vary in content from one to another, so don’t make the mistake of thinking all modern awards will state the same thing in regard to a Christmas close down. Many Awards and Agreements do allow the direction of annual leave for shut downs though. Generally if it is allowed, employers will be required to provide a reasonable amount of notice, and there may be some rules about how the leave must be paid or handled.

Where an employee is not covered by an Award or an Agreement, the employer can direct an employee to take leave as long as it’s reasonable.

Industryus HR highly recommends employers check the relevant Award or Agreement to ascertain the rules, and to speak to a HR professional prior to acting.

If you need assistance with matters such as employee entitlements and the rules around Pay and Awards, you may wish to consider Industryus HR’s membership, where members can get in touch about HR matters whenever they arise. It offers value for money assistance and peace of mind so that you can get on with managing your business. Call us on 07 5655 4047 or click here to book in a free introductory call to find out more.

It’s confirmed! Mr Rossato was a casual employee.

On 4 August 2021, the High Court unanimously overturned the controversial May 2020 decision of the Full Court of the Federal Court in the Workpac v Rossato case.

If you have been following our commentary over the last couple of years regarding the Skene v Workpac case, and later the Rossato v Workpac case, you will be relieved to hear that a final decision has been made which puts the matters finally to rest. In a nutshell, these cases centred on an argument about whether the employees were permanent rather than casual, and whether they should have access to entitlements usually reserved to permanent employees such as annual leave, given the ongoing nature of their employment (even though the employees had also received a casual loading).

On 4 August 2021, the High Court unanimously overturned the controversial May 2020 decision of the Full Court of the Federal Court in the Workpac v Rossato case, which found Rossato was a permanent employee.

The High Court determined that the Federal Court’s earlier decision had been flawed and confirmed that Rossato had been a casual employee all at times during his employment with Workpac. This decision has also clarified the common law meaning of a casual which aligns with the definition recently inserted into the Fair Work Act.

This decision also clarifies a key aspect of casual employment is when no firm advance commitment was intended by the parties. This further confirms the importance of casual employees being issued with quality employment contracts at the beginning of their employment with terms that align with this High Court decision. Where the employment agreement clearly sets out the intention that the relationship is of a casual nature, employees will have little prospect of success of claiming otherwise.

Do you employ casuals who haven’t been issued with a quality employment agreement that clearly sets out their casual status in accordance with the Fair Work Act?

Industryus HR’s employment contracts are quality documents that will help to reduce your exposure to disputes. Get in touch on 07 5655 4047 if you would like to have a confidential discussion about your business’ casual workforce.  Or, book a Free Introductory Call by following this link.

This article does not constitute advice. To read the High Court judgement, click here.

Industryus supports the local community with a number of activities and initiatives which support young people to enter the workforce with confidence. 

 

Griffith University Industry Mentoring Program

Industryus has been involved with Griffith University’s Industry mentoring program since 2018. Students engage with their mentors in-person and/or online, forming relationships that enable students to overcome barriers to industry engagement. Industryus has mentored numerous students and regularly attends events held by the uni.

Internships

Industryus enables new Graduates to gain on the job experience by offering short internships. Interns learn a range of administrative and work skills during their internship, which often leads them to greater success in entering the workforce sooner.

Traineeships

Industryus supports community skills growth for young people by offering Traineeship programs in business subjects. Our trainees are initiated into the world of work and learn basic skills such as customer service, administration, work processes and policies.

 

Industryus Group is committed to social and environmental responsibility and to the fair and humane treatment of people in our employment and in our supply chains. This statement sets out the steps that Industryus has taken, and will take, to ensure that slavery and human trafficking are not taking place in our own business or any of our supply chains.

Organisational structure and supply chains

Industryus Group is a provider of professional services in Human Resources and Safety to small and medium sized businesses who are based in Australia. Given our business model comprises of professional level employees providing services, Industryus’ has limited exposure to the exploitation of employees/workers. However, we recognise that we need to be aware and act on greater risk areas, particularly in our operational supply chains. E.g. suppliers of business equipment, products and services that we use to run our business.

Policy

The Australian Government describes Modern Slavery as situations where offenders use coercion, threats or deception to exploit victims and undermine their freedom. Practices that constitute modern slavery can include:

• Human trafficking
• Slavery
• Servitude
• Forced labour
• Debt bondage
• Forced marriage, and
• The worst forms of child labour

It is our belief that modern slavery and human trafficking are abhorrent practices that will not be tolerated in our own operations or in our supply chains, and we will take such steps that are reasonable to ensure than none is present.

We are committed to working ethically and with integrity and we require our business partners to do the same.

Risk assessment and due diligence process

We have conducted an assessment of the risks, both external and internal, of slavery and human trafficking, within our own operations and in our supply chain and we have determined that none of our own business operations are undertaken in higher risk areas.

Where we identify higher risk areas in our supply chains, appropriate due diligence is undertaken to satisfy ourselves that the parties concerned have in place ethical employment practices that comply with all relevant. Where suppliers have not published an Anti-Slavery Statement, they are required to confirm that they have in place such ethical employment practices and that they, in turn, require their suppliers to have the same.

Future steps

Industryus will continue to monitor the risk of slavery and human trafficking in our own business and our supply chains.

While Industryus is not required to prepare a Statement under the requirements of the Commonwealth Modern Slavery Act 2018, we have done so voluntarily to show our commitment to our social and environmental responsibilities.

 

There has been a lot of communication around new casual conversion laws lately – so what does it all mean, and how can you make sure you’ve got all the main points covered? Read on and we will get you up to speed!

What are new casual conversion laws all about?

March 2021 saw legislative changes to the Fair Work Act resulting in the following:

• A new definition of casual employment has been inserted into the Fair Work Act- a person is a casual employee if they accept a job offer from an employer knowing that there is no firm advance commitment to ongoing work with an agreed pattern of work
• Employers with 15 or more employees are now compelled to offer casuals part time or full time jobs after 12 months service where the employee has worked consistently and regularly
• Small business employers (under 15 employees) must consider requests for casual conversion for certain employees
• These casual conversion laws now extend to all employees covered by the Federal system (now includes Award Free employees). Exemptions are state and local government employees, and sole traders and partnerships in Western Australia
• The ability for employees to “double-dip” on both casual loading and back payments has been addressed with the risk being reduced for employers who correctly articulate the casual employment relationship with their casual employees.   

What does it mean for our business?

There are a number of steps you will need to implement to ensure your business is meeting obligations:

• Implement quality employment contracts for all casual employees so that your business is in a defensible position.  You may need to update your current contracts to reflect recent changes
• Ensure your casual employees are treated as such. E.g. casuals will have no firm expectation of future shifts/work, and generally have more control over when they work
• Ensure that casual loadings are clearly and separately articulated in payslips
• Review your casual workforce and consider which employees might be regular and systemic and could be offered permanent employment.  A guide to casual conversions can be found below
• Ensure the casual conversion obligations in the relevant modern award are adhered to
• Larger employers should ensure all current and new casuals are provided with a Casual Employment Information Statement before 27th September 2021. Smaller employers should issue one as soon as possible. 

How to get help regarding the new laws for casuals

The information above is general guidance. Industryus HR strongly recommends employers seek advice from an employment relations professional such as Industryus to implement the steps required for better compliance with the new laws for casuals.  

Don’t hesitate to organise a Free Introductory Call to find out how we can help or call us on 07 5655 4047.

Casual conversion flowchart: