Community - HR/IR Solutions

Flexible Working Arrangements

John Morrissey — Thu, 02 Feb 2023 11:44:06 +0000

Flexible Working Arrangements are Compulsory to Consider

With our HR Support, employers in Illawarra and Wollongong can review their current policies and requests for flexible working arrangements to ensure they meet their obligations set by Fair Work Commission. If a request must be refused, HRIRSolutions can help employers be clear about the reasonable business grounds upon which they rely.

In late 2022 the Federal parliament passed laws that placed a greater onus on employers when there is a request for flexible working arrangements.

The circumstances under which an employee is eligible to make a flexible working request have been extended. Employees experiencing family or domestic violence or who are required to provide care or support to a member of their family or household who is experiencing family or domestic violence, are now eligible to make a flexible working request under the FW Act. Pregnant employees may now also make such a request.

An employer will only be permitted to refuse a request for flexible working arrangements if:

The employer has:
- Discussed the request with the employee; and
- Genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements that would accommodate the employee’s circumstances; and

The employer and employee have been unable to reach an agreement; and
The employer has had regard to the consequences of the refusal for the employee; and
The refusal is based on reasonable business grounds.

An employer must respond to an employee’s flexible working request within 21 days otherwise they will be considered to have breached this provision of the FW Act and liable for a civil penalty. If an employer refuses an employee’s flexible working arrangement request, the response must:

Provide details of the reason for the refusal, including how the particular business grounds being relied on apply to the request;
Set out other changes to the employee’s working arrangements that the employer is willing to make and which would accommodate the employee’s circumstances, or state that there are no such changes the employer is willing to make; and
Provide information about the dispute resolution provisions.

Reasonable business grounds for refusing a request include:

The new working arrangements requested would be too costly for the employer;
There is no capacity to change the working arrangements of other employees to accommodate the request;
It would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the request;
The new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; and
The new working arrangements requested would be likely to have a significant negative impact on customer service.

Where a dispute arises between the parties, the Fair Work Commission (FWC) now has the power to arbitrate and make orders in relation to flexible working arrangements. However, before going to arbitration, the FWC must attempt to resolve the dispute through a dispute resolution mechanism, such as conciliation.

Ring John Morrissey to talk about correct remote working procedures in your business.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

The post Flexible Working Arrangements first appeared on HR/IR Solutions.

Fixed Term Contracts

John Morrissey — Thu, 02 Feb 2023 09:46:20 +0000

No fixed term contract can be longer than two years. This includes successive fixed term contracts

The Fair Work Commission requires Employers in Illawarra and Wollongong to review their current employment arrangements and conduct an audit of their employees on fixed and maximum-term contracts including previous contracts; and remove any clauses that provide the option to extend or renew the term. All employers should get HR help to comply with the changes.

There are now strict limits on the use of fixed-term and maximum-term contracts.

Employees can now only be engaged pursuant to a fixed-term or maximum-term contract for a maximum of two years and such contracts for the same role can only be renewed once. This means if an employee is on a fixed-term contract for two years, you cannot extend this. However, if an employee is on a fixed-term contract for one year, you have the ability to extend this contract for an additional year.

Exceptions to this include:

The employee has specialised skills that the employer does not have, but needs, to complete a specific task;
The employee is engaged as part of a training arrangement (for example, an apprentice or a trainee);
The employer needs additional workers to do essential work during a peak period, such as fruit picking or other seasonal work;
The employer needs additional staff members during an emergency, or needs to replace a permanent employee who is absent for personal or other reasons, for example, parental leave, sabbatical, or long service leave, or absence relating to workers’ compensation;
The employee earns over the high-income threshold for the first year of the contract;
The employer is reliant on government funding to directly finance the employee’s position either in whole or in part–the employer must receive the funding for more than two years, and there must not be any reasonable possibility that the funding will be renewed;
The employee is appointed under governance rules of a corporation or other association, where those rules specify the length of time that the appointment can be in place; and
The employer is permitted to enter into the fixed term contract by a term specified in a modern award that covers the employee.

Employers are now also required to issue employees engaged on a fixed-term or maximum-term contract with a Fixed Term Contract Information Statement in addition to the Fair Work Information Statement.

Ring John Morrissey to ask about pro forma employment contracts for your business.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

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Changing Superannuation Laws in Australia

John Morrissey — Tue, 14 Jun 2022 15:22:13 +0000

The HR/IR Solutions Guide for Small and Medium Businesses in Wollongong: Changing Superannuation Laws

The 2022-2023 Budget released earlier in the year listed many changes to the Federal Government’s economic and fiscal policy. One of the most important changes for businesses is the change in superannuation rules.

At the moment, if your employee earns less than $450 per month, you are not required to contribute to their super. Starting on the 1st of July, the Federal Government is abolishing this $450 per month eligibility threshold. You will only need to pay superannuation for workers under 18 when they work in excess of 30 hours per week.

One other major change to the superannuation scheme is the rate at which you will need to contribute to your employer’s super. At the moment you are required to contribute 10% of your employees salary to their chosen superannuation fund. Starting July 1, you will be required to contribute 10.5%.

This does not mean that you give 0.5% less money to your employee. You must continue paying your employee at the same rate, but must contribute 0.5% more into their superannuation fund.

For example, say you are running a physiotherapy clinic in Wollongong, with a small group of staff. If you pay one physio $80 000 per year, you will currently be contributing $8000 annually to their super. On July 1, you will need to start contributing $8400 annually.

Getting superannuation calculations wrong can be costly for yourself and your business. Failure to pay super can result in backpaying and can include penalties. It is additionally important to make sure that you are currently paying your employees correctly, in-line with the Modern Award.

If you are unsure about current or future superannuation payments or are unsure about what your employee is entitled to under the Modern Award, contact John at HR/IR Solutions Wollongong.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

The post Changing Superannuation Laws in Australia first appeared on HR/IR Solutions.

Understanding Annual Leave

John Morrissey — Mon, 30 May 2022 11:30:38 +0000

The HR/IR Solutions Guide for Small and Medium Businesses in Wollongong: Understanding Annual Leave

All employees (other than casuals) are entitled to annual leave benefits. This means that all businesses in the Wollongong and the Illawarra must have annual leave policies in place to protect themselves.

Annual leave is guaranteed to all employees through the National Employment Standards (NES) as an essential part of working life. The NES guarantees all workers four weeks of paid annual leave from work each year. This is the minimum, but employers must be aware that this number can be changed.

The amount of annual leave which employees are entitled to can be changed by the modern award. The modern award dictates the rights and responsibilities of both employers and employees across a range of fields. If the modern award which your employees fall under specifies more annual leave than the NES, they are entitled to that amount of annual leave.
For Example, some employees who work in remote or very hot locations get more annual leave than other employees.

Annual leave is accrued not at any specific point but will build up over time as an employee works for you. If an employee works for one week, they will accrue about 2.9 hours of annual leave over that working week.

All small and medium businesses in Wollongong and the Illawarra should have a leave policy in place in order for you to run your business effectively. For example, if you have clients which have regular appointments with your employee, you will want to know that your employee will not be taking annual leave before you have time to find a replacement for that appointment. A correctly drafted leave policy would ensure that your employees can only take their annual leave with sufficient notice.

We are often asked whether an employee go into negative annual leave. We usually say NO. If the employee is away from work and claims annual leave but has no accrued leave then the employee should not be paid for the day taken when no annual leave is accrued.

Failing to return to work on the agreed date of return to work after taking annual leave may be a disciplinary event.

Talk to HRIR Solutions your off-site Human Resources Expert about any annual leave issues. HR/IR Solutions can draft or refresh your annual leave policy or any other workplace policies. HR/IR Solutions can be your business off-site Human Resources Consultant. We are only a call away.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

The post Understanding Annual Leave first appeared on HR/IR Solutions.

How to Draft a Physiotherapist Contract

John Morrissey — Mon, 30 May 2022 10:43:54 +0000

Human Resources for Allied Health Professionals: A guide to drafting physiotherapist contracts

Drafting employment contracts for your business is both difficult and can be dangerous if done incorrectly. An employment contract should include all of the basic, important terms of employment for a specific role. It is legally enforceable and governs the legal relationship between yourself and your employee.

Employment contracts should be generalised for specific jobs, such as a physiotherapist.

A physiotherapist’s contract will include many provisions which are common to all employment contracts such as hours of work, place of work and termination. It may, however, include role specific clauses such as a confidential information clause and an additional remuneration clause.

In a physio’s contract, it is vital that a confidential information clause is added. A physio will work with clients and the details of such a relationship must be kept confidential. If a confidentiality clause is located within your physio’s contract, your business will be adequately protected against any confidentiality issues which arise through the course of business.

Additionally, if you have a contract with such a clause, and if your employee is in breach, they will be in breach of the employment contract. A breach of an employment contract gives you the right to end your relationship with your employee quickly and easily.

An ‘additional remuneration’ clause is optional in a physio’s contract, but may help entice an employee. Such a clause could allow for the usage of a laptop, a mobile phone and ensure that you, the employer will pay the required professional indemnity insurance of your employee.

Such a clause for a Wollongong-based physio practice may look like this:

In addition to your annual rate of pay we will allow you the use of a laptop and Mobile phone.
We will pay the required professional indemnity insurance.
We will contribute fifteen hundred dollars ($1500.00) to your AHPR and APA registration and memberships.
If you leave this employment in the first year of your employment, we reserve the right to claim back from you the amount of such contribution based on the length of your service with us.

HR/IR Solutions Wollongong are employment law specialists and can help you draft physio contracts, or any other contracts required for your business in the Illawarra. If you wish to speak about such a contract, speak to John Morrissey.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

The post How to Draft a Physiotherapist Contract first appeared on HR/IR Solutions.

How to Write a Job Description

John Morrissey — Wed, 25 May 2022 09:35:12 +0000

Drafting Job Descriptions: The Human Resources guide for small to medium-sized businesses in Wollongong

An accurate job description is an integral document for any business’ onboarding procedure. The job description lists essential job functions and skills, knowledge, abilities and other characteristics needed for satisfactory performance of the job.

A job description should not be drafted once. Each time your employee’s responsibilities change, their job description should be updated. Keeping job descriptions updated prevents workplace disagreements where employees may argue that they were unaware that something was their responsibility.

Whilst job descriptions should be accurate, it is not necessary to list every specific responsibility which an employee will be tasked with. Such detail will only serve to lengthen the document unnecessarily and may become confusing. Additionally, if the job description is too detailed, it is possible that you may miss something out.

For example, instead of stating that an administrative assistant in a physiotherapy practice must:

Calculate payments to NDIS client
Draft invoices to NDIS client
Confirm the details of invoices
Send NDIS invoice to client
Confirm payment of NDIS invoices

The position description can simply list:

Invoicing NDIS clients and other clients as required

In addition to the duties and responsibilities, a job description should include:

Job Title
Employment Type
Award Classification
Rate of Pay
Location of place of work
Qualifications necessary
Skills necessary

As stated earlier, a job description must not be too lengthy and detailed, but should inform your employees of their duties and other details required in order to complete the job.

Accurate job descriptions are an integral part of any HR package in your business and should be formatted correctly. Talk to John Morrissey about a job description or an onboarding package for your small or medium sized business in Wollongong.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

The post How to Write a Job Description first appeared on HR/IR Solutions.

How to Onboard Remote Employees

John Morrissey — Mon, 16 May 2022 08:27:43 +0000

Human Resources Wollongong Guide to Onboarding Remote Employees

Since the beginning of the Covid-19 pandemic, employers and employees in Wollongong have started realising the benefits of working from home. Despite the many benefits, actually getting new employees set-up for remote work can be difficult.

The nature of remote work can make employee’s feel disconnected to the work environment. Getting ahead of this problem is important for all workplaces, with Kate Lister, president of Global Workplace Analytics predicting that around 70% of the workforce will be working remotely at least five days per month by 2025.

Investing time in making new employees more comfortable when working remotely will be incredibly beneficial for your business and here are a few tips on how to kickstart the process:

1. Help your employee to set up their workspaces
Remote workers should feel comfortable working from home. When an employee walks into an office, their desk is set up to begin work. You must try and recreate this experience. This means that all the required hardware and software should be sent to the employee prior to their first day.

In addition to this, employees should be given a phone number and email to an IT employee for any technical difficulties that may arise.

2. Introduce new employees to the team
For a workplace to be effective, it must cultivate a strong team environment. This means that all employees should be comfortable communicating openly to each other in order to complete their work.

Remote workers can struggle getting to know the team and you should attempt to make the process of integrating them into the team environment as easy as possible. Your remote employees should be introduced to your team as soon as possible.

3. Gather employee feedback
Employee feedback is crucial for designing and implementing great HR programs. Asking your new employee how it’s going can help you learn what you have done well and what you can improve on.

It can also alert you to any problems your new employee is having, allowing you the opportunity to extinguish any potential problems before they become major.

4. Use an onboarding checklist
A checklist is an excellent HR tool which will quicken the onboarding procedure and make sure you don’t forget any details in the procedure. Forgetting small details is easy for any busy manager, but can lead to big problems down the track.

A checklist will include things such as necessary documents to read and signed by your employee, they have met your team and that your employee’s bank details have been recorded.

Keep posted for a future article which describes the details of onboarding. If you are looking for an onboarding package for your business, please contact John at HR/IR Solutions Wollongong.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

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How to Calculate Overtime

John Morrissey — Mon, 09 May 2022 12:23:57 +0000

The HR/IR Solutions Overtime Calculator Guide for small-medium sized businesses in Wollongong and the Illawarra

Overtime can be a problem for small to medium-sized businesses based in Wollongong and the Illawarra unless you seek professional help. Overtime is payable by employers when the work that employees do is covered by a modern award.

Some types of work such as human resources managers and some accountants (who work in an accountancy practice) are not covered by a modern award and are not entitled to overtime. Most award-free employees are paid an annual salary as district from an hourly rate.

If your employee is paid at the same rate as the award, overtime is relatively easy to calculate. The award will specify overtime payments as a multiple of the award base pay. For example, the award may specify that the employee should be paid 150% of their regular wage in the first two hours of overtime. The award may then specify that after two hours of overtime, the employee should be paid 200% of their regular wage.

Overtime rates usually start when the employee starts working more hours than they are contracted or have agreed to work. For example, a full-time employee will usually work a 38-hour workweek.

Overtime for part-time employees is complex. Fro example, imagine you have a part-time employee who is contracted to work on Monday Tuesday and Wednesday for say 20 hours. If that employee work on Friday for 5 hours the first two hours have overtime at 150% and the additional 3 hours are calculated at 200%.

Proper employment contracts for part-time employees are essential to managing the overtime issues. Talk to John Morrissey about strategies for managing overtime for part-time employees.

HR/IR Solution can help small and medium businesses in Wollongong and The Illawarra to manage and comply with modern awards particularly overtime and penalty rates with proper Employment Contracts and Individual Flexibility Agreements.

Talk to John Morrissey about an offset agreement in addition to the employment contract that takes into account over-award payments with a flat rate of pay.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

The post How to Calculate Overtime first appeared on HR/IR Solutions.

Managing Working From Home

admin — Mon, 02 May 2022 11:33:15 +0000

HR/IR Solutions Working From Home Management Guide for Small and Medium Businesses in Wollongong

The Covid-19 pandemic has demonstrated to businesses in the Illawarra and Wollongong that working from home can be beneficial to both the employer and the employee.

Now is the best time for businesses in Wollongong to plan for the future, which may include employees regularly working from home.
Many employees find that their work-life can become more enjoyable which can translate into better results for the employer. These include improved performance, less burnout, and a higher rate of employee retention.

HR/IR Solutions as a Human Resources Expert has developed four essentials for business in Wollongong and the Illawarra in considering offering employees a right to work from home on a part-time or full-time basis.

1. Engagement and Wellbeing

Employees’ engagement and their well-being are two major indicators of performance. The pandemic has shown that often engagement and well-being significantly improved when employees could work from home.
Remote workers report less burnout than full-time office workers and have the added benefit of allowing a more flexible schedule. Working remotely cuts travel time for employees, allowing them personal time.

Talk to HR/IR Solutions and your business’s off-site human resources consultant for more information in relation to employee burnout and managing Workers’ Compensation Claims.

2. Fairness and Inclusion

Many workplaces have found that some people are more likely to speak and communicate effectively with their co-workers when working remotely. Communication can be more equal and more focused. It is important for businesses to discuss remote working with their team in order to be fair and inclusive when working remotely.

3.Trust and Productivity

Employees sitting behind desks in the office would have been a good sign of productivity prior to the pandemic. Recent research shows productivity can be on the same level or higher if the employee is at home and the employer trusts the employee to work effectively.
Accountability in this new work environment requires true and honest feedback from both sides of employment.
Talk to HR/IR Solutions about our simple employee feedback proforma that is developed to suit your business.
Getting accurate feedback helps small and medium businesses in Wollongong and The Illawarra retain employees and grow their businesses.

4. Relationships and Culture

Businesses were worried at the beginning of the pandemic that workplace culture and office relationships would be harmed if employees were working from home.
This is a challenge for all businesses but can be improved through constant communication with the employee in order to meet the outcome that suits both parties.

Call John Morrissey to discuss how he can help managers to have effective communication strategies to avoid poor performance and workplace conflict.

For more information on working from home policies, particularly safe remote workplace contact HR/IR Solution your office site human resources manager.

Call John on: 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

The post Managing Working From Home first appeared on HR/IR Solutions.

What is Leave Loading?

John Morrissey — Wed, 27 Apr 2022 08:49:38 +0000

Leave loading is a difficult concept and even harder to implement correctly in a business

Most Modern Awards give award-covered employees the right to have leave loading added to their annual leave when taken.

Non-award-covered employees do not have a right by law to have leave loading added to their pay when taking annual leave unless their employment contract states that leave loading will be added to the employee’s pay when leave is taken.

Leave loading is an extra payment given on top of annual leave pay and is usually around 17.5% extra pay on top of an employee’s annual leave pay. It was implemented for the purposes of compensating workers for extra expenses incurred during leave.

Not all modern awards give rise to leave loading. It is, therefore, necessary to know if your employees are covered by the modern award. Contact HR/IR Solutions your off-site human resources consultant in Wollongong and Illawarra for help to determine if leave loading is payable for your business award-covered employees.

If employees are paid above the modern award rate of pay HR/IR Solutions can draft an offset agreement that factors leave loading into the weekly or hourly rate of pay. This means that leave loading is not payable when annual leave is taken or paid out.

Another complication is whether or not superannuation is required to be paid by employers for a leave loading. Generally, employers will be required to pay superannuation on leave loading. Should the employer decide that the leave loading is compensation for overtime wages that the employee could have earned during leave, the superannuation does not need to be paid on the overtime component of the annual leave. This is a complex issue and if done incorrectly, will result in a fine from the ATO for withheld super contributions.

On termination or resignation, the employer will in certain circumstances include leave loading in the calculation of the final payment. Only annual leave in excess of 20 accrued days attracts leave loading when employees resign or are terminated. Usually leave that accrued in the current year of employment (less than 20 accrued days of leave) does not attack leave loading.

HR/IR Solutions can help businesses in Wollongong and The Illawarra as their on-site or off-site Human Resources specialists. We are available to solve tricky and complex HR and Industrial Relations problems.

Call John on 0407 069 507

Visit: HRIRsolutions.com.au

Email: john@HRIRSolutions.com.au

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