Tag: human resources

team training session

Respect@Work Legislation

Posted on | by Allan Hall

Practical Steps for Small Businesses to comply with the new Respect@Work Legislation

As previously advised to our clients, a significant shift will occur in the Australian employment landscape on 13th December 2023. There are a number of legislative changes which employers are required to comply with under the Respect at Work reforms.

These amendments place a ‘positive duty’ on employers to take reasonable and proportionate measures to eliminate, as far as possible, unlawful sexual discrimination in their workplaces.

How to Comply – To comply with these laws, you need to take proactive steps and implement preventative actions against discrimination based on sex, harassment, hostile work environments and victimisation related to complaints or allegations.

Here are some practical steps for small businesses to prepare and comply with these changes:

1. Educate Your Team: The first step towards compliance is understanding the changes.

Educate and formally train your managers and employees about the updated legislation, emphasising the importance of respect, dignity, and equality in the workplace. This training should focus on ensuring everyone is aware of their rights and responsibilities and understands what is and isn’t appropriate workplace behaviour.

2. Review and Update Policies: Formalise your company expectations.

Review your existing workplace policies, especially those related to discrimination, harassment, or bullying. Ensure they align with the legislative changes. Take this opportunity to check that your Work Health and Safety policies place equal emphasis on psychosocial hazards as well as physical hazards, to ensure you comply with applicable Work Health and Safety legislation. Ensure your Compassionate Leave Policy specifies that employees and their partners can access miscarriage leave.

Once these changes are made, ensure you clearly communicate these changes to your employees. Having clear and legally compliant policies in place not only ensures compliance but also sets the tone for a respectful work environment.

3. Foster a Respectful Culture: Proactively promote a culture of respect, inclusivity and diversity.

Encourage open communication, active listening, and empathy among employees. Lead by example, demonstrating respectful behaviour at all levels. Demonstrate your positive steps to avoiding sexual harassment and sex-based incidents by clearly communicating what is and isn’t appropriate. If you have a client-facing business, ensure that your clients also act respectfully with your team members by communicating your expectations. By fostering a positive workplace culture, you create an environment where everyone feels valued and supported.

4. Seek Feedback: Give your team a chance to share their experiences.

Seek feedback from employees through anonymous surveys or focus groups to gauge their experiences within the work environment. Regularly review your workplace practices and culture to identify areas for improvement. Use this information to make necessary changes, ensuring your workplace remains respectful and inclusive.

5. Establish Reporting Procedures: Create effective reporting channels

Create clear and confidential reporting procedures for incidents of harassment, discrimination, or bullying. Ensure employees know how to report such incidents and that they can do so without fear of retaliation. Having a well-defined reporting process demonstrates your commitment to addressing workplace misconduct promptly and effectively.

6. Provide Ongoing Training and Support: Keep everyone up to date.

Equip your employees with the knowledge and skills to identify and address disrespectful behaviour. Offer regular and ongoing refresher training on topics such as conflict resolution and unconscious bias. Provide support such as confidential access to counselling services for employees who may have experienced harassment or discrimination.

7. Consult Experts: Don’t get caught short.

The legislation applies to every business, regardless of type, size and scope. If you would like assistance in actioning these steps, our HR Team is assisting many of our clients with tailoring the above steps to suit their business. The HR Team can provide guidance, training, advice and essential templates to assist you in meeting the minimum requirements for your business. If you are uncertain about how the new legislation applies to your business and what you need to do to comply, please contact Allan Hall HR at [email protected] or call us on 1300 675 393.

family paper chain

Parental Leave Changes — Effective 1 July 2023

Posted on | by Allan Hall

Unpaid Parental Leave

From 1 July 2023, employees will have access to changed unpaid parental leave entitlements as part of the Federal government’s recent initiatives which aim to provide families with greater flexibility.

A summary of the recent changes can be found in the table below:

Parental Leave Changes — Effective 1 July 2023 1

Impact on Employers

It is important for you to be aware of these changes to be able to adjust your policies or employee handbook and to respond to new requests and extensions to unpaid parental leave accordingly.

Please note, that if an employee wishes to extend their original unpaid parental leave, they must give at least 4 weeks’ notice in writing, before the end date of their original leave period, and the request must include the new leave end date.

As an employer, you must respond within 21 days, either agreeing; agreeing to a variation after discussion with the employee; or refusing the request. Please be mindful however, that you can only refuse a request if you have discussed a variation to the extension period with the employee but haven’t been able to reach an agreement AND if your refusal is on reasonable business grounds.

As part of the new legislation, employees have the right to lodge a dispute regarding a request for extended leave with the Fair Work Commission if:

  • the employer refuses an employee’s request;
  • the employer doesn’t provide a written response to a request within 21 days; or
  • the employee and employer have been unsuccessful in trying to resolve the dispute at the workplace level.

We therefore highly recommend that you discuss the matter with one of our consultants at Allan Hall HR before refusing any request for an extension to unpaid parental leave.

Paid Parental Leave changes

Further changes have also been made from 1 July 2023 to the Government’s Paid Parental Leave (PPL) scheme, which provides eligible individuals with financial support for the birth or adoption of a child.

Under the previous PPL scheme, parents would need to apply separately (i.e. the primary caregiver could access up 18 weeks of financial support, and the partner or ‘secondary carer’ could access up to 2 weeks of support under what was referred to as ‘Dad and Partner Pay.’)

From 1 July, parents will be able to apply to this scheme together and may access up to 20 weeks of paid parental leave to use between them. The Government has indicated that the payment will continue to increase by 2 weeks each year until 1 July 2026 when it will reach 26 weeks.

Please note, it is up to the individual to apply for a PPL payment directly through Services Australia. You will not be able to apply for this benefit on the employee’s behalf.  When an employee applies, their eligibility is determined by Services Australia. Eligibility is not determined by the employer.

Allan Hall HR has a team of experienced consultants to help answer any questions you may have regarding the Unpaid and Paid Parental Leave changes and how they should be applied to your unique business and employee circumstances.

We encourage you to reach out to us for further guidance by calling 1300 675 393 or emailing [email protected].

CONTACT ALLAN HALL HUMAN RESOURCES

Minimum-Wage-Image

National Minimum Wage rise effective 1 July 2023

Posted on | by Allan Hall

The Fair Work Commission has announced this year’s Annual Wage Review Decision

National Minimum Wage Increase 

Effective from 1 July 2023, the National Minimum Wage will increase by 5.75%.

In addition to the percentage increase, the Commission has also increased the wage level that the minimum wage had traditionally been based on under certain Modern Awards.

Together these two changes mean that those employees in receipt of the minimum wage will receive the following rates before tax:

  • $23.23 per hour, and
  • $882.80 per week (based on a 38-hour week for a full-time employee).

This increase will see an extra $70.20 ‘in the pocket’ each week.

Modern Award Rate Increase 

Similar to the National Minimum Wage increase, all 121 Modern Awards will also increase by 5.75% on 1 July 2023. 

The Fair Work Commission will release updated Pay Guides in line with the effective date.

Modern Awards can be complex. If you need help determining if a Modern Award applies to your employees or you understand what Awards apply but you need assistance understanding the specific Classification they fall under, contact the Allan Hall Human Resources Team on 1300 675 393.

Non-Award Employees 

It is important to note that if you have non-award covered employees receiving payment which is above the national minimum wage, you are not obliged to increase their salary/wages. However, with the current Australian job market being so competitive and a shortage of potential employees available, it may be worth undertaking a salary benchmarking exercise and considering if an increase would be suitable during your next salary review.    

At Allan Hall HR we can provide you with Salary Benchmarking reports, based on data from a range of current and reputable reporting sources. If you want to know what the market is doing, contact us to gain access to salary insights based on a range of factors such as industry, turnover, headcount and location!

Changes to Superannuation from 1 July 2023

As a reminder, the Super Guarantee rate will rise from 1 July 2023. This will rise by another half per cent, taking the minimum super guarantee from 10.5% to 11%.

The Super Guarantee rate will continue to rise by an additional 0.5% at the start of each financial year until it reaches 12% in 2025.

Next Steps

  1. Check if your employees are covered by the national minimum wage or a Modern Award.   
  2. Should a Modern Award apply to your employees, ensure you have correctly classified your employees under the relevant award, and confirm the minimum rates of pay that will apply.    
  3. Review the current rates of pay for your employees and, if required, adjust their pay rates from their first full pay period starting on or after 1 July 2023.
  4. Ensure you start applying the new Superannuation Guarantee rate of 11% from 1 July 2023.

Our experienced HR Consultants at Allan Hall HR are available to answer your queries regarding the wage rise and assist you with clarification of awards, salary benchmarking or any other employee-related matters. Feel free to get in touch with us today on 1300 675 393.

CONTACT ALLAN HALL HUMAN RESOURCES

closed store

Annual Shutdown and Unpaid Leave changes

Posted on | by Allan Hall

Understanding the revised regulations for Annual Leave and Unpaid Leave during temporary business shutdowns

Impact on employers and employees

Generally, when businesses temporarily shut down over Christmas/New Year, employers have been able to direct their employees to take annual leave or, where they have no annual leave entitlements available, employers have been able to direct their employees to take unpaid leave. 

As a result of changes to 78 Awards, from 1 May 2023, employers will no longer be permitted to direct their employees to take unpaid leave where they do not have a sufficient accrual of annual leave to cover the shutdown. 

The recent findings of the Fair Work Commission were, that making a direction to an employee to take unpaid leave was effectively a stand down, and the Fair Work Act 2009 only permitted employees to be stood down in limited circumstances, which did not include a temporary stoppage of operations such as an annual shutdown.   

Award Covered Employees 

Under the changes to the Awards listed in the Commission’s decision here, employers can still issue a direction to employees to take annual leave during a temporary shutdown if the direction is in writing, is reasonable and their employees have accrued sufficient annual leave entitlement. 

In assessing reasonableness, the following factors are relevant:   

  • the needs of the employee and the business   
  • any agreed arrangement with the employee   
  • custom and practice of the business   
  • timing of the direction or requirement to take leave   
  • whether the length of the period of notice given is reasonable. 

Each Award stipulates the period of notice which must be given to all employees of the shutdown (generally between 28 days and two months) unless a shorter period is agreed with the majority of employees, or for employees who are engaged after notice is given, as soon as reasonably practicable after they have been engaged. 

Employers are no longer permitted to direct employees to take unpaid leave where their annual leave entitlements have been exhausted. 

However, under the changes, employers can still: 

  • agree with an employee in writing that they take a period of unpaid leave; or 
  • come to an arrangement with the employee to take annual leave in advance resulting in a negative annual leave balance. 

But, if employees do not agree to the above, then they will be entitled to be paid wages during the shutdown period.  

Award and Agreement Free Employees 

For award and agreement-free employees, employers can still require them to take a period of annual leave if the requirement is reasonable. 

A requirement to take annual leave may be reasonable if, for example: 

  1. the employee has an excessive annual leave balance
  2. the business is being temporarily shut down for a period (such as between Christmas and New Year). 

Just like Award Covered Employees, Award/Agreement Free employees cannot be directed to take unpaid leave if they do not have sufficient accrued annual leave. 

Need Assistance?

If your business is planning a temporary shutdown of its operations, it is important that you are aware of your obligations under each applicable award for your employees and manage employee leave accordingly. Should you require assistance with notification requirements or reaching agreement with your employees regarding shutdown arrangements, please feel free to call us on 1300 675 393 or contact Alan Hall Human Resources here »

gavel

Recent IR changes requiring employer action

Posted on | by Allan Hall

8 Industrial relations changes requiring actions by employers

There have been a number of recent significant changes in the area of industrial relations as a result of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, and the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. 

Some of the main changes which will affect all businesses and require action include: 

1. Proactive Duty on Employers to eliminate discriminatory conduct in workplaces 

Employers, regardless of size or industry, now have a positive duty to take reasonable and proportionate measures to prevent, as far as possible, certain discriminatory conduct occurring in their workplaces, including: 

  • discrimination on the ground of a person’s sex; 
  • harassment (including sexual harassment); 
  • hostile workplace environments; and 
  • acts of victimisation that relate to complaints, proceedings or allegations of the above.  

The positive duty was a key recommendation of the Australian Human Rights Commission (AHRC)  landmark Respect@Work Report, led by Sex Discrimination Commissioner Kate Jenkins, published in March 2020, which found that there were still high levels of discrimination and underreporting of incidents in the workplace.  

The AHRC will have the right to initiate an inquiry into an employer’s compliance and enter into enforceable undertakings if they find an employer remains non-compliant.  

Businesses will have 12 months to understand their new obligations and implement any necessary changes before compliance and enforcement commences in December 2023. 

2. Additional protection against Sexual Harassment  

There has been an amendment to the Fair Work Act to protect workers, prospective workers and persons conducting or undertaking a business by prohibiting sexual harassment, effective from 6 March 2023. 

This amendment established a new dispute resolution process, allowing the Fair Work Commission (the Commission) to deal with disputes and if not resolved by conciliation or mediation, and the parties agree, the Commission can settle the dispute and make orders, including for compensation.  

Workers now have several avenues to pursue disputes in relation to sexual harassment: the Fair Work Commission, the Australian Human Rights Commission and Anti-Discrimination Board in their State or Territory. 

We recommend implementing an action plan to address points 1 and 2 above to ensure your business is meeting its new legal obligations. Our team at Allan Hall HR is across the legislation and can effectively and efficiently guide you in creating an action plan for your business. Please contact our team on 1300 675 393 or at [email protected] if you would like our assistance. 

3. Family and Domestic Violence Leave 

From 1 February 2023, all employees (including part-time and casuals) will be able to access 10 days’ paid family and domestic violence leave in each 12-month period.  

To access this paid leave, employees will need to show evidence that they require the leave to do something to deal with the impact of family and domestic violence and it’s not practical for them to do so during their work hours. 

There are also important implications for payroll to consider, including the recording of leave on payslips, attendance platforms, email and text trails.  

If you would like more information on this leave and its payroll implementation please refer to our Family and Domestic Violence Leave article or contact us on 1300 675 393 or at [email protected]. 

4. Limiting the use of fixed term contracts for employees 

There has been an amendment to the Fair Work Act to limit the use of Fixed term contracts beyond two years (including renewals) or two consecutive contracts – whichever is shorter. Employers will also be required to provide a Fixed Term Contract Information Statement to all employees entering a fixed term contract. This amendment takes effect as of 6 December 2023.  

Exceptions to this rule include; performing a discrete task for a fixed period, apprentices and trainees, temporarily replacing others on long leave e.g. workers compensation and where earnings are above the high income threshold.  

Where a fixed term contract is made in breach of the new provision, the contract will remain valid, but the employee will be considered a permanent employee. This means they will be entitled to: 

  • notice of termination and redundancy payments calculated from the start of the employment relationship, and 
  • access to unfair dismissal proceedings.  

Employers who breach the contract limitation or do not provide a Fixed Term Information Statement may be subject to civil penalties.  

If you have employees who will, as at 6 December 2023, have been on a fixed term contract of more than 2 years’ duration or more than one fixed term contract which would add up, to or allows for an extension to, more than 2 years, you will need to review the arrangements. Allan Hall HR can help in reviewing old contracts and the creation of new ones, contact us on 1300 675 393 or at [email protected].  

5. Prohibiting pay secrecy clauses 

Employees will have a right to disclose, or not disclose, their remuneration as of 7 December 2022.  

After a six-month transitional period, employers who continue to include pay secrecy terms in new written agreements and contracts of employment will have breached this prohibition and could be liable to a penalty.   

All written agreements with employees need to be reviewed to ensure there is no clause prohibiting them from disclosing their remuneration.  

6. Right to request flexible working arrangements  

The circumstances in which employees can request a flexible working arrangement have expanded. This provision extends to employees who are pregnant and situations where an employee, or member of their immediate family or household, experiences family and domestic violence. This amendment takes effect as of 6 June 2023.  

Employers are obligated to discuss any request for a flexible working arrangement with the employee. If the employer refuses the request, they will need to provide reasons in writing.  

The threshold of “reasonable business grounds” for refusal of any request has not changed, however, the legislation provides increased access to dispute resolution for employees through the Fair Work Commission if disputes about flexible working arrangements cannot be resolved at the workplace. 

Managers need to ensure that they discuss any request for flexible working arrangements with the employee and that any refusal is in writing and based on reasonable business grounds. If you would like additional guidance on when you are obligated to approve flexible work arrangements, contact the friendly team at Allan Hall HR for guidance on 1300 675 393 or at [email protected]. 

7. Unpaid Parental Leave 

Eligible employees will be entitled to an additional 12 months’ unpaid parental leave up to 24 months in total, unless their partner has already taken 12 months from 6 June 2023.  

When an eligible employee makes a request for an extension of unpaid parental leave, their employer has an obligation to discuss the request with them. If this request is refused, reasons must be provided to the employee in writing.  

If disputes cannot be solved at the workplace level, they can be escalated through conciliation or mediation.  

Any request for an extension of parental leave should be discussed with the employee. Any refusal must be in writing and based on reasonable business grounds. 

8. Enterprise Bargaining and Enterprise Agreements 

The Fair Work Act has been amended to include new enterprise agreement and bargaining laws which took effect from 7 December 2022. In summary: 

  • Changes have been introduced to simplify the bargaining process including reducing technical procedural steps prior to an agreement being approved. 
  • The “Better Off Overall Test” (BOOT) has been modified and the Commission will now undertake a ‘global assessment’ and take into account parties’ views to determine whether the agreement passes the BOOT. 
  • The process for terminating an enterprise agreement has changed and it is now more difficult for employers to unilaterally terminate an enterprise agreement after its nominal expiry date. 
  • Supported bargaining has been broadened and workers across multiple workplaces in a common sector will be able to bargain on a collective basis if they are ‘reasonably comparable’ in terms of the industry they operate within, their size, geographical location, business activities and operations. 
  • Certain workplace agreements (called ‘zombie agreements’) which were made before the Fair Work Act 2009 (Cth) fully commenced and that continue to operate (e.g. collective agreements, individual transitional employment agreements (or ITEAs), Australian Workplace Agreement (or AWAs), Division 2B State employment agreements, enterprise agreements made between 1 July and 31 December 2009) will automatically terminate on 7 December 2023 unless the employer applies for, and is granted, an extension. Employers who are covered by a ‘zombie agreement’ must also give each employee who is covered by their zombie agreement a written notice on or before 6 June 2023 advising the employee that: 
  • the employee is covered by a zombie agreement; and 
  • the zombie agreement will terminate on 7 December 2023 unless an extension request is made; and 
  • the sunsetting process commenced on 7 December 2022. 

Need assistance? Please contact the team at Allan Hall HR on 1300 675 393 or at [email protected] should you require assistance with actioning any of these IR changes to ensure your business is compliant.  

family domestic violence

Paid Family and Domestic Violence Leave

Posted on | by Allan Hall

10 Days of Paid Family and Domestic Violence Leave Effective from 1 February 2023 

As of 1 February 2023, all employees of non-small business employers (including part-time and casuals) will be able to access 10 days’ paid family and domestic violence leave (FDVL) in each 12-month period. 

Small business employees can access this paid leave from 1 August 2023. Until then, they are entitled to take unpaid family and domestic violence leave.  

To access this paid leave, in accordance with the Fair Work Act requirements, employees will need to provide notice and show evidence that they require the leave to respond to the impact of family and domestic violence, where it is not practical for them to do so outside of working hours. Employers must accept the evidence, provided that a reasonable person would be satisfied that the employee was entitled to take the leave. 

Important payroll implications for businesses 

  • FDVL is counted and paid as time worked. Therefore, an employer must pay the leave at the employee’s full pay rate (inclusive of incentive-based payments and bonuses, loadings, monetary allowances and overtime).  
  • FDVL is reset annually, meaning it does not accrue and each year on the anniversary of employment, the leave count renews to 10 days.  
  • From February 2023, employers must not include information relating to FDVL on the payslip. This includes the balance of leave and when it was taken. FDVL taken by an employee must be recorded on a play slip as ordinary hours of work or another kind of payment for performing work, such as an allowance, bonus or overtime payment. 
  • The balance of or taking of FDVL cannot be displayed on any employee timesheet and attendance portal. There should also be no email or text trail of an employee applying or being permitted this leave. Businesses should restrict record keeping and communication to in person and in writing (in an employee’s physical file) at the workplace only. This is a big change from usual payroll requirements and is for the safety of the victim, as domestic violence offenders will often have access to the victim’s email, work logins and physical mail. 
  • Written notes between the employer and employee that the employee has signed off on should be securely stored to provide evidence that the business has engaged with the employee and provided access to the entitlement, should a future dispute arise as part of an unfair dismissal or adverse action claim.  

Suggested Actions for Employers  

  • inform payroll about the rules in relation to providing family and domestic violence leave information on payslips
  • review or develop a workplace policy which provides guidance for employees who experience family and domestic violence, in respect to accessing leave or additional support
  • implement an Employee Assistance Program (EAP) to provide an anonymous and confidential forum for employees to express their concerns with trained professionals. 

If you would like further guidance or assistance with developing policies and procedures regarding FDVL, implementing new payroll processes, having difficult conversations with employees, or implementing an EAP, please do not hesitate to contact the team at Allan Hall HR.   

Contact us

Our experienced HR Consultants are available to support you with any employee-related questions. Please get in touch with us today on 1300 675 393 or at [email protected] .  

outside the building

Closing for a well-deserved end of year break?

Posted on | by Allan Hall

It’s time to let your clients and employees know

Act now to ensure your client expectations and employee legislative requirements are met.

Informing Clients of Business Shutdowns

It is common for a workplace to shut down its operations over the Christmas-New Year period because of a reduction in business activity or because the majority of employees request to take annual leave.

It’s up to businesses to determine closure dates and ensure these are clearly communicated to clients as early as possible, so that reasonable expectations are set and deadlines are met without creating any unnecessary worry. Recommended communication includes separate emails to clients, newsletter footers, invoice footers, notes on email signatures or any combination of the above.

To assist with planning your shutdown period, the NSW gazetted public holidays for the upcoming holiday season are:

  • Christmas Day: Sunday 25 December 2022
  • Boxing Day: Monday 26 December 2022
  • Additional Public Holiday for Christmas Day: Tuesday 27 December 2022
  • New Year’s Day: Sunday 1 January 2023
  • Additional Public Holiday for New Year’s Day: Monday 2 January 2023
  • Australia Day: Thursday 26 January 2023

Get ahead of the game. Download our Business Shutdown Client Email template to send to your clients.

Employee Notifications

Employers planning to close over the Christmas-New Year period need to also correctly inform employees from now. Employers are obligated to formally confirm business closure dates and notify staff in accordance with award requirements.

Most awards will contain terms which allow employers to shut down the business for a period and send employees on designated annual leave. This is usually subject to an employer providing at least 4 weeks’ notice of the intention to do so, however certain awards may require a greater notice period.

It’s never too early to start planning. Download our Business Shutdown Employee Notice template.

Employee Leave Considerations

Annual Leave Requests

With the Christmas and Summer Holiday period fast approaching, you may also notice an increased number of annual leave requests waiting for your approval. For those businesses that shut down over this period, approving annual leave is usually a joyous task. However, for smaller businesses continuing to trade during this period, it can be a difficult juggling act to ensure you have enough employees on board to meet your customers’ needs while also ensuring employees receive a well-deserved break.

When reviewing annual leave applications, it is important to remember that you cannot unreasonably refuse to authorise an employee’s request to take annual leave. If you need assistance with understanding the rules surrounding ‘reasonableness,’ please do not hesitate to make contact with our HR team.

Can employees refuse to work on Public Holidays?

Employers can request that employees work on a public holiday if the request is reasonable. Likewise, an employee can refuse to work on a public holiday if the employer’s request is not reasonable. In determining whether the employer’s request is reasonable, under the Fair Work Act a broad range of factors are taken into account. These include:

  • The nature of the employer’s workplace and the nature of the employee’s work
  • The employee’s personal circumstances
  • Whether the employee could reasonably expect the employer might request work on the public holiday
  • Whether the employee is entitled to receive overtime or other penalty payments that reflects the expectation to work public holidays
  • The type of employment of the employee (eg whether full-time, part-time, casual or shift work)
  • The amount of notice in advance of the public holiday given by the employer to the employee
  • The amount of notice given by the employee when refusing a request to work on a public holiday

Unsure of what applies or what steps to take? Don’t guess – seek advice.

Our team at Allan Hall Human Resource Services have years of first-hand experience to guide you and your business to a safe, enjoyable, and carefree festive season.

If you require advice on the conditions relating to your Employer rights or obligations, please get in touch with our highly experienced HR team on (02) 8978 3752 or simply contact us below.   

CONTACT ALLAN HALL HR
public holiday australia

One-off Public Holiday on 22 September 2022

Posted on | by Allan Hall

Key areas for employers to consider

Thursday 22 September 2022 has been declared a one-off public holiday for the National Day of Mourning for Queen Elizabeth II.

Many of our clients have voiced concerns regarding the impact of this decision on their business, particularly in relation to an unexpected loss of trade, staff rostering, additional overtime payment costs, and reduced cash flow and profits.

Key areas for employers to consider

1. Open for trade – normal public holiday rules and entitlements will apply:

  • Trading rules: Employers who decide to trade on the public holiday must abide by the public holiday trading rules set out by the applicable state/territory government. Further information regarding the public holidays in your state or territory, can be found here: National Day of Mourning and other upcoming public holidays – Fair Work Ombudsman
  • Penalty rates and other award requirements: Employers who choose to remain open on the public holiday are obligated to pay the penalty rates set out in the applicable modern award or enterprise agreement. Other obligations may also apply in relation to the public holiday and your employees. Employers are encouraged to check the applicable modern award/s or enterprise agreement for the current penalty rates and other requirements. Should you need support, our experienced HR Consultants at Allan Hall HR are available to help.

2. Closed for trade:

Permanent employees who would usually work on 22 September are entitled to take the day off, and will be paid their base pay rate for the ordinary hours they would have otherwise worked on that day. The base rate of pay does not include:

  • Incentive based payments
  • Bonuses
  • Loadings
  • Monetary allowances
  • Over time
  • Penalty rates

Employers cannot change an employee’s days/hours to deliberately avoid this payment. Full-time and part-time employees have the right to be absent from work on public holidays, or to be paid the appropriate penalty rates under the applicable award or industrial instrument.

3. Staff scheduling changes:

  • Casual workforce: Employers may need to consider whether they will reduce their casual workforce to save costs or increase their casual workforce to meet an increased demand. Make note of any rostering requirements as per your company policy.
  • Notice regarding a change in roster: An applicable award or industrial instrument may contain requirements in relation to the period of notice required to be given by an employer to change an employee’s roster.

4. Changes to payroll:

  • If payroll is scheduled for 22 September, employers will need to consider delays in bank transfer of wages and whether they may need to move the pay date forward.
  • If an employee already has an annual leave day scheduled on Thursday 22nd, this will now need to be treated as a public holiday for payroll and leave accrual purposes.

Contact us

Our experienced HR Consultants are available to support you with any employee-related questions. Please get in touch with us today on 1300 675 393 or at [email protected].

Why use a Recruiter

5 tips to recruit quality employees in the current job market

Posted on | by Allan Hall

Attracting and retaining suitable talent—

With global labour shortages presenting huge challenges for employers, many of our clients have reported significant difficulties during the past 6-12 months in attracting and retaining suitable employees.

Our team at Allan Hall HR has seen a large increase in requests for support in recruitment during this time and has put together some tips to help you recruit in the current market.

The employment situation in Australia

Whilst the extent of the labour shortage differs across regions and industries, with healthcare, manufacturing and supply chain industries experiencing the greatest impact, it is undeniably currently one of the biggest challenges employers are facing globally.

The Covid-19 pandemic has resulted in the following factors affecting the labour market:

  • migrants returning to their home countries,
  • a reduction in available international graduates, and
  • border closures resulting in fewer working-holiday visas.

Australia is currently experiencing a record low unemployment rate of 3.5% (ABS, July 2022). Due to the labour and skill shortage, wage costs in some sectors, such as IT, are rising between 20% to 50%, with employers having to boost salaries to attract and retain staff.

As a result, the number of jobs advertised has significantly increased. ANZ job ads data for April 2022 revealed that the number of job ads was up 26.3% from a year earlier at 242,536. They were 57.3% higher than the pre-pandemic level in February 2020 and SEEK data shows they remain significantly higher than pre-pandemic levels.

Five things employers can do to attract great candidates

To help you stand out from the crowd and attract and retain quality staff in this current market, our HR team offer the following tips:

1 Focus on your Employee Value Proposition

Distinguish yourself from your competitors and be clear on your selling points to attract new talent. How do you differ from other organisations and what benefits do you offer? What are your points of difference and why would a prospective employee want to work for you? For example, do you offer a hybrid working model / flexibility to work from home? Do you pay over the market rate for the position? Do you have an outstanding culture that current employees value? Does the company provide clear, defined opportunities for career progression?

Ensure you retain a strong focus on your current employees and offer and communicate these aspects to your existing employees to remind them of the key benefits of continuing to work within your organisation.

2 Deploy targeted search strategies

For many roles in the current market, it is now rare to simply advertise and have people apply. It is important to identify where the top talent is currently working and proactively reach out to prospective employees from these organisations with the key selling points from your Employee Value Proposition.

Utilise your network and professional networking tools, such as LinkedIn and other social media platforms.

Encourage existing employees to help you with your search for top talent and consider devising an employee referral program to incentivise this.

3 Understand salary expectations in the current market

Salary benchmarking and reviewing current remuneration ensures your offering is competitive to the current market. Salary benchmarking is a useful tool in attracting new talent and reducing staff turnover.

4 Grow your own talent

Employing graduates or school leavers is a great way to grow talent specific to your business needs. Recent graduates can bring an exciting and fresh perspective to your workplace.

5 Consider engaging recruitment specialists with access to a broad database of potential candidates and targeted sourcing tools

Our Allan Hall HR team have a team of highly skilled recruitment, search and marketing specialists who are supported by our HR consultants, to apply a holistic approach to your HR and recruitment needs. We can assist with recruitment activities across Australia including:

  • creating an employee value proposition
  • salary benchmarking
  • premium and targeted candidate search 
  • employee referral schemes
  • psychometric testing of potential candidates to help in your hiring decisions and ongoing development of employees
  • staff retention strategies
  • structured onboarding support 

As per your tax and accounting support at Allan Hall, you only pay for the time spent, together with any direct advertising costs.

Our recruitment team at Allan Hall HR would love to discuss your needs, and how we can best assist your organisation. We are equipped with a range of resources and strategies suited to the current labour market; including a solely dedicated headhunting team, premium-level access to targeted recruitment and social media platforms including LinkedIn, and a targeted graduate recruitment team.

For more information, please get in touch with our friendly team at Allan Hall HR at [email protected] or call 02 8978 3743.