Helping Civil Contractors with Building Code Compliance Preliminary Assessment

In order to qualify for tenders on Commonwealth-funded construction works, businesses have to demonstrate compliance with the Code for the Tendering and Performance of Building Work 2016 (the Code).

The Australian Building and Construction Commission (ABCC) is responsible for administering and enforcing the Code. Part of that process involves assessment of the industrial instruments (awards or enterprise agreements) covering a business and its employees.

The ABCC now requires applicants for a Letter of Compliance to conduct a preliminary review of their enterprise agreements using Guidance Material developed by the ABCC. The guidance material is in the form of a spreadsheet with over 1600 clauses from enterprise agreements with commentary as to whether the clause is deemed to be “compliant”, “not compliant” or “compliant with implementation feedback” (i.e. it depends on what really happens in practice).

This is a very complicated and time consuming exercise for businesses and especially those who do not have their own specialist industrial relations staff.

Ridgeline HR has been servicing the HRM/workplace relations needs of members of the Civil Contractors Federation in Victoria for the past 11 years and is now assisting with the conduct of preliminary reviews and corrective action where that is necessary to achieve code compliance.

Enquiries can be directed to Chris White on 0419 130 580 or at cwhite@ridgelinehr.com.au or Peter Maguire on 0438 533 311 or at pmaguire@ridgelinehr.com.au.

 

Changing gears for a winning culture

There is plenty of research out there that tells us that the 1900’s command and control approach to management just doesn’t work in the modern world where change is constant and people want answers and results now.

If we are going to get true employee engagement and high performance with today’s and future generations, we need to fundamentally change the management model to one based on leadership and values-based behaviours that deliver trust and inspiration rather than just process control and risk management which really only deliver compliance. This is what study after study tells us.

It means business leaders need to change gears and in doing so reimagine their business culture and language from:

  • human resources to human beings
  • risk control to trust
  • process control to relationship optimisation
  • management to leadership
  • tasks to behaviours
  • outputs to outcomes
  • compliance to engagement
  • command to inspiration
  • structure to flexibility
  • reactive to resilient

It is a big adjustment and it is easy to fall back into the traditional management norm that has been drummed into us for all those years.

That is why it is so important to have a clear vision about where you are going and clear values and behaviours that say how you are going to go about doing that and then holding everyone accountable for modelling those every day, most importantly yourself.

Be prepared to challenge and be challenged, listen to what your people have to say and learn from that. It is amazing what a difference it can make to performance, engagement, innovation and wellbeing.

Ready to change gears?

 

What might the new casual conversion provisions mean for business?

As part of the 4 yearly review of modern awards, the Fair Work Commission has decided to insert casual conversion provisions into the 85 modern awards that currently do not have provisions of this sort.

These provide a right for casual employees engaged on a regular and systematic basis to apply for conversion to full-time or part-time employment subject to a number of conditions as follows:

  • a qualifying period of 12 calendar months;
  • a qualifying criterion that the casual employee has over the qualifying period worked a pattern of hours on an ongoing basis which, without significant adjustment, could continue to be performed in accordance with the full-time or part-time employment provisions of the relevant award;
  • the employer must provide all casual employees (whether they become eligible for conversion or not) with a copy of the casual conversion clause within the first 12 months after their initial engagement; and
  • a conversion may be refused on the grounds that:
    • it would require a significant adjustment to the casual employee’s hours of work to accommodate them in full-time or part-time employment in accordance with the terms of the applicable modern
      award, or
    • it is known or reasonably foreseeable that the casual employee’s position will cease to exist, or
    • the employee’s hours of work will significantly change or be reduced within the next 12 months, or
    • on other reasonable grounds based on facts which are known or reasonably foreseeable.

Please note that, at this point in time, awards have not been varied and the decision is therefore not operational.

Where this decision differs from  casual conversion provisions that are already in other modern awards is that:

  • the qualifying period is commonly 6 months rather than the 12 month period stated in the new decision
  • the relevant awards have a statement that an employer “must not unreasonably refuse” a request for conversion but there is no reference to the sorts of circumstances that might reasonably justify refusal (as set out in the new decision)
  • there are some variances in procedural requirements between the old and the new
  • existing casual conversion provisions continue to have force.

So what does it all mean?

Regardless of the industry you are in, every employer who has casual employees working regular and systematic hours over a prolonged period of time should review those arrangements and consider whether the past/existing working pattern and foreseeable future working pattern would justify conversion to full-time or part-time employment.

There is also a concern that, while an employee in a small business (less than 15 employees) is not eligible to make a claim of unfair dismissal until they have completed 12 months service (or 6 months in the case of larger businesses), there could be a spike in General Protection/Adverse Action claims where an employee exercises or intends to exercise their right to request casual conversion and perceives that they are disadvantaged because of that request or intention (eg in reduction of hours, variation of shifts to interrupt a regular working pattern or even discontinuation of employment). There is no qualifying period for these types of claims so employers beware.

The final point that we wish to make here is that security of employment is a significant issue in our community today and that is a key factor in attracting and retaining good people who’ll do a good job for you. If you want a great business, trust them and give them that security.

Ridgeline HR educating young people on workplace rights

This morning, we ran the first of our “Your Workplace Rights” briefings for secondary students and first up were Year 10 students at Melba College about to go out on work experience.

The briefing covered pay and conditions, National Employment Standards, Modern Awards and Enterprise Agreements and the roles of the Fair Work Commission and the Fair Work Ombudsman. The presentation included links to online information resources, tools and calculators that anyone can use to be better informed about their rights, entitlements and obligations.

This pro bono service has been launched for all Maroondah secondary schools as part of our contribution to improving community wellbeing in the City of Maroondah.

Penalty rates decision to be phased in

The Fair Work Commission has announced transitional arrangements for implementing the recent decisions to reduce penalty rates for work on Sundays and Public Holidays across a variety of awards.

Sunday penalty rates

The reductions in Sunday penalty rates are being phased in in annual instalments over 3 to 4 years depending on the award and are timed to occur on 1 July at the same time as any increases in award wages occurring from the Annual Wage Review process. The schedule for each award is as follows.

Fast Food Industry Award 2010

Full-time and part-time employees – Level 1 only

1 July 2017: 150 per cent > 145 per cent

1 July 2018: 145 per cent >135 per cent

1 July 2019: 135 per cent >125 per cent

Casual employees (inclusive of casual loading) – Level 1 only

1 July 2017: 175 per cent > 170 per cent

1 July 2018: 170 per cent > 160 per cent

1 July 2019: 160 per cent > 150 per cent

Hospitality Industry (General) Award 2010

Full-time and part-time employees

1 July 2017: 175 per cent > 170 per cent

1 July 2018: 170 per cent > 160 per cent

1 July 2019: 160 per cent > 150 per cent

Casual employees – unchanged at 175% including casual loading

General Retail Industry Award 2010

Full-time and part-time employees

1 July 2017: 200 per cent > 195 per cent

1 July 2018: 195 per cent > 180 per cent

1 July 2019: 180 per cent > 165 per cent

1 July 2020: 165 per cent > 150 per cent

Casual employees (inclusive of casual loading)

1 July 2017: 200 per cent > 195 per cent

1 July 2018: 195 per cent > 185 per cent

1 July 2019: 185 per cent > 175 per cent

Pharmacy Industry Award 2010

Full-time and part-time employees

1 July 2017: 200 per cent > 195 per cent

1 July 2018: 195 per cent > 180 per cent

1 July 2019: 180 per cent > 165 per cent

1 July 2020: 165 per cent > 150 per cent

Casual employees (inclusive of casual loading)

1 July 2017: 225 per cent > 220 per cent

1 July 2018: 220 per cent > 205 per cent

1 July 2019: 205 per cent > 190 per cent

1 July 2020: 190 per cent > 175 per cent

Public Holiday penalty rates

This decision effects the above 4 awards plus the Restaurant Industry Award 2010.

In all of these awards , the penalty rate for work on a public holiday is changed with effected from 1 July 2017 to

Full-time/part-time:  225%

Casual:  250%

One of the reasons given for phasing in the Sunday penalty rate cuts over such a prolonged period was that “take home pay” orders would not be an available option for workers whose take home pay was reduced as a result of implementation of this decision. The FWC’s rationale is that annual wage increases will significantly, if not totally, offset reductions in penalty rates.

This is likely to be a factor in future Annual Wage Reviews.

It is understood that some unions may seek judicial review of the penalty rates decision and, should that occur, it is possible that implementation could be further delayed.

 

Fair Work Commission hands down 3.3% wage increase

The Fair Work Commission today issued its decision in the 2016-2017 Annual Wage Review.

As we predicted, the decision came in at 3.3% (about midway in our predicted range of 3 – 3.5%).

That takes the Federal Minimum Wage to $694.90 per week, or $18.29 per hour with effect from 1 July 2017.

This constitutes an increase of $22.20 per week to the weekly rate or 59 cents per hour to the hourly rate based on a 38 hour week.

The increase will also apply to modern award rates effective from 1 July 2017.

In the decision summary, the Panel stated: “In previous Reviews, the Panel has accepted that if the low paid are forced to live in poverty then their needs are not being met and that those in full-time employment can reasonably expect a standard of living that exceeds poverty levels. While we have not departed from that position, we acknowledge that the increase we propose to award will not lift all award-reliant employees out of poverty, particularly those households with dependent children and a single-wage earner. However, to grant an increase to the NMW and award minimum rates of the size necessary to immediately lift all full-time workers out of poverty, or an increase of the size proposed by some parties, is likely to have adverse employment effects on those groups who are already marginalised in the labour market, with a corresponding impact on the vulnerability of households to poverty due to loss of employment or hours.

The level of increase we have decided upon will not lead to inflationary pressure and is highly unlikely to have any measurable negative impact on employment. It will, however, mean an improvement in the real wages for those employees who are reliant on the NMW and modern award minimum wages and an improvement in their relative living standards.”

Employers need to review employees’ wages to ensure that they continue to receive at least what they would be entitled to under the relevant award.

Those who have enterprise agreements in place need to check whether the agreement provides for passing on of the Annual Wage Review decision or whether they need to adjust wages because wages provided for under the Award will fall below the new award rates from 1 July 2017.

 

Improving people performance in 7 simple steps

Do you do performance appraisals in your business?

If so, how productive are they?

Here are some ideas on how you can improve the quality and outcomes of your performance and development conversations with your people.

  1. Define the purpose

Be clear about what you are trying to achieve.

You have made an investment in people and you want to get the optimal return on that investment, don’t you?

So the process should be about how you work with your people to improve their performance thereby improving business performance, shouldn’t it?

  1. Connect the dots

This is about “getting people doing what you need them doing in the way that you need it done all of the time”. Provide that alignment by “connecting the dots” for people and teams:

  • You have a business strategy (vision, values & plan) which sets out your goals and how you are going to achieve them – .the BUSINESS plan
  • You have teams which are established to execute specific elements of your business plan – the TEAM plan and
  • You have people who are engaged to execute specific elements of their team plan – the PERSONAL plan
  1. Keep it simple and practical

What you need is a simple process that is logical, easy to use and applied consistently in practice eg a basic Action Plan model for BUSINESS, TEAM & PERSONAL plans which set out:

  • WHAT is the goal? Ensure alignment between business, team and personal goals
  • HOW are we going to achieve it? Detail the activities and the learning required to achieve the goals.
  • WHO is going to do it? Make teams and people accountable for delivering the expected outcomes but also recognize supports they require.
  • WHEN is it going to be done by? Set realistic timeframes.
  1. Make the time

Just as you need to continuously monitor and review your business plan (because things change), so you need to ensure that your teams and your people are adapting to any changes required.

Have regular meetings at each level to review progress against the plan, confirm outcomes, identify areas for improvement and make any necessary adjustments. At the personal level these should be at least quarterly.

  1. Manage the time

How do you get the most out of the time together?

Start with being structured – allocate a specific period of time for the meeting and have a simple agenda which might be:

  1. Review progress against the plan
  2. Identify any changes that are required
  3. Congratulations on achieving outcomes
  4. Confirmation of areas for development and focus,
  5. Set next meeting date

And stick to the commitments – if your people are your greatest asset, why wouldn’t you!

  1. Have balanced and transparent conversations

People value constructive feedback which is balanced giving hem recognition for their achievements, clarification with improvement requirements and support with learning.

It is very important that you listen to what others have to say and give them constructive feedback including the reasons why you hold a particular view whether or not that accords with theirs.

Above all, there should be honesty and no unpleasant surprises.

  1. Change the language

Drop generic HR terms like “performance appraisal” which, over time, have too often been associated with ineffective practice and unwanted events.

Be innovative and think about words that resonate with your business goals and values integrating them into the process.

Get these 7 steps right and you’ll enjoy both the process and the results!

Improve wellbeing for better performance

We have all heard about serious societal problems such as alcohol and drug abuse, domestic violence, the health effects of smoking, mental health issues plus obesity and associated challenges with healthy eating and physical activity and the incidence of diabetes.

You no doubt have people you know including employees and contractors in your business who have these sorts of challenges.

So what can you do about it as a business owner and employer and why should you?

The business case for productivity

When you invest in a car or a new piece of plant, you look after it because it is a valuable asset and you want to get the best return on it, minimise costs by servicing and maintaining it in optimal condition and be able to show it off with pride.

There is a mountain of research that leaves no room for any doubt – investing in your peoples’ wellbeing pays dividends in productivity by:

  • Improving capabilities and performance
  • Reducing absenteeism
  • Getting better attraction and retention of talent
  • Reducing risks of accidents and injuries and WorkCover costs
  • Enhancing employee morale and engagement.

In the publication “Healthy workers, healthy business”, WorkSafe says: “There is a great deal that businesses can do to maintain a healthy workforce and keep talented, productive workers on board. An increasing body of evidence supports the idea that employee health and wellbeing programs can have major benefits for your business, from reductions in sick leave to a boost in morale and productivity.”

I hear many employers say: “Our people are our greatest asset”. So, if that is the case, shouldn’t we be looking after them too? Apart from it being the right thing to do, it is just good business, isn’t it?.

The business case for social responsibility

A wise man once said to me “You spend a third of your life at work so you had better enjoy it.”

Equally, if I spend a third of my time at work, what I do at work and how I am treated at work has a significant impact on my life and how I live it including my health and my relationships.

Results from 300,000 Work Health checks delivered in Victoria show why business leaders should be concerned. More than 66% of participants were found to have a medium to high risk of developing type 2 diabetes and/or cardiovascular disease. In addition, 92.9% of workers tested were not eating enough fruit and vegetables, and 70% weren’t doing enough exercise. (S Radi and M Sim, WorkHealth Program Evaluation (Monash University Melbourne, April 2011).

So clearly, given the scope of the problem, employers can make a significant contribution to the wellbeing of their people and the general community by helping people with education and opportunities to make healthy choices at work.

Introducing the Achievement Program

The Achievement Program is part of the Victorian Government’s vision for a Victoria free of the avoidable burden of disease and injury, so that all Victorians can enjoy the highest attainable standards of health, wellbeing and participation at every age. Launched in 2012, it boasts a membership of more than 3000 early childhood services, schools and workplaces from around Victoria.

Image provided courtesy of Achievement Program, Department of Health and Human Services, Victorian Government, December 2016

When you register with this free program, you get access to guidelines, tools and templates that can assist you in planning, implementing and evaluating initiatives to improve worker wellbeing in any of the following five key areas:

  • Alcohol
  • Healthy eating
  • Mental health and wellbeing
  • Physical activity
  • Smoking

You can implement things at your own pace and in accordance with your peoples’ preferences and you can also apply for recognition for successfully implementing programs in any of the above areas.

That shows job candidates that you are a good employer and helps to retain and motivate the people you have.

Further information is available at http://www.achievementprogram.health.vic.gov.au/workplaces or contact me on 0438 533 311 or at peter@ridgelinehr.com.au.

Will your termination pass the “3 tents test”?

Having been in the field of human resources management for over 30 years, there have been plenty of occasions where I have had to consider disciplinary action and termination of employment as remedies for misconduct.

In doing so, we need to consider fairness from a couple of angles:

  • Substantive fairness which requires that the action taken would not be harsh, unjust or unreasonable and
  • Procedural fairness which is about ensuring that due process has been followed and the principles of natural justice have been complied with

A process that I use to consider the substantive fairness of an action is to assess them against the “3 tents” namely:

  • Content: what actually happened, ensuring that you are aware of the facts of events that have given rise to consideration of action?
  • Intent: was the action or dereliction of duty or other offence deliberate or was it due to a misunderstanding or a heat of the moment thing and is it in or out of character for the individual concerned?
  • Extent: what was the effect of the action or dereliction of duty or other offence on the business and/or employees and/or other parties?

Of course there are the procedural elements to attend to as well but ensuring that the action that you propose will stand up to the “3 tents test” is a good start.

R-E-S-P-E-C-T: What it means for me

There is a great line in this Aretha Franklin classic which is “R-E-S-P-E-C-T, find out what it means to me”.

A lot of the work that we do at Ridgeline HR has to do with developing and maintaining the right behaviours in workplaces built on respect for people regardless of their station and their personal characteristics.

In 2011, I was privileged to present on the subject of respectful workplaces at Melbourne Law School in conjunction with the Australian Institute of Employment Rights and the Centre for Employment and Labour Relations Law.

The focus of my presentation was on the characteristics of an effective respectful workplace program and, in this context, here is what R-E-S-P-E-C-T means for me:

Responsibility:

Everyone is responsible for their own behaviour and for influencing the behaviour of those with whom they come into contact. Values should be clear and people at all levels from board down to the shopfloor should be held accountable for practising them consistently at all times and performance against values should be measured and used in performance management processes.

Empowerment:

People are educated and trained in why the values are important, how they are applied in practice and what that means in terms of how they and everyone else are expected to behave. People are encouraged and congratulated for doing the right things in the right way and are encouraged and thanked for identifying contradictions and taking appropriate action to stop the wrong behaviours.

Socialisation:

Every workplace is unique and values and behaviours need to be socialised to the nature, culture and structure of the organisation. Due regard must be had to the people demographic (employees and other stakeholders) and the prevailing paradigms of organisational behaviour (the good things to be preserved and celebrated and the contradictions that need to be addressed to ensure a respectful workplace).

Performance:

This is about doing it every day in every way – in the way that board and management make decisions, in the decisions themselves, in policies and procedures and in the way that everyone at every level interacts with each other, in not tolerating contradictions but fixing them and in maintaining the message day in day out, saying “thanks” and saying “sorry” as and when appropriate – really living the values.

Evolution:

This is a journey where we continuously learn about new challenges and opportunities, where business circumstances change, where people come and go (employees, customers, suppliers, etc) and so the respectful workplace is something which continues to evolve and adapt to different needs. There is a need to conduct periodic healthchecks to look for contradictions and opportunities for improvement as well as to recognise and celebrate the successes. Like most things in life, it is about continuous improvement.

Community:

A truly respectful workplace is one where all of the stakeholders are partners in the values and required to demonstrate them – board members, managers and staff but also customers, suppliers, contractors, associations or unions and any others who have an interest and involvement in the workplace, Community also means recognising people as individuals and having respect for the people, relationships, beliefs and activities that are important in each one’s life. Diversity is valued and celebrated.

Trust:

The foundation upon which any respectful workplace is based. For it to work, we must trust in the values of the organisation, the commitment of board and managers to lead by example, the willingness of all stakeholders to engage in the journey and the ability to rely on everyone to do the right thing and to be supported in doing that, Only then, can people genuinely believe they have a respectful workplace.

So that is what R-E-S-P-E-C-T means to me – what does it mean for you?