Your Swiss Army knife

Your Swiss Army knife

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Your Swiss Army knife

example flexible working arrangement

 

One of the psychosocial hazards that research is showing to be at the forefront of the list that organisations need to address is that of lack of role clarity.

One of the tools that we can use to help to address that is the humble Position Description (PD) which has been around for decades and can be found in lots of different forms. 

In most places where I have worked as an employee or as a consultant, PDs are commonly treated as something we have to have for our quality accreditation or our HR compliance or something that we give people when we advertise a job or when they start employment with us. They are then filed away and forgotten about. 

This is really unfortunate because the PD is a very versatile tool and arguably one of the most powerful in a manager’s toolbox. 

So how can PDs be used to good effect? Here are 5 ways that we have used them.

#1. Compliance satisfaction

Every employer has a statutory duty to ensure that every employee is properly instructed in their duties and has the skills and abilities to perform their tasks safely for themselves and others. This is enshrined in workplace health and safety law and is also an important part of employment law in general.   

The PD is an effective aid to that instruction and skills assessment and enablement. It helps with documentary evidence of satisfaction of the statutory duties that all employers have as well as in dealing with employee grievances and actions against the employer (eg in demonstrating reasonable management action in response to an adverse action or bullying complaint).  

#2. Recruitment effectiveness

If you are going to be effective in recruitment, you first want to know what the attributes required for competent performance of a role are so that you can prepare a fit advertisement. 

You then need to identify selection criteria and the how to assess candidates by considering the attributes required in the role and the best ways to test candidates for those attributes. 

You also want to communicate what attributes are required to candidates (so that the right ones apply).  

A properly constructed PD helps with all of that and assists you to make an informed and evidence-based selection decision.

 #3. Targeted development

The content in PDs that details the skills, knowledge and attributes required provides a great foundation for assessing the technical strengths and weaknesses of an employee and why that is the way they are.  

That, in turn, can lead to targeted development that leverages those strengths or builds on areas of weakness. That will deliver the optimal return on investment in learning and provide the best support and recognition for the individual employee.  

It is also a great aid to onboarding of employees and getting them up and running quickly because their role and responsibilities are clearly communicated and easily understood from day one.

 #4. Performance management

Clearly, if we are going to expect people to perform their roles effectively, we have to tell them what their roles and responsibilities are and what performance standards are expected. A good PD does this and helps employees to be more productive and aligned in performance as a result.

Conversely, when performance management concerns arise, it is very important to go through a methodical, relevant and procedurally fair process that is supported by documentary evidence.  

The PD plays a critical part in this as it describes what is expected of the role the person is performing and the attributes required to meet those expectations. It also provides documentary evidence that the employer has clearly communicated the duties and expectations to the employee.  

Additionally, as with development of employees, the PD can be a useful tool for analysing why an employee might not be meeting expectations eg because they are lacking in some particular attribute (skill, ability or knowledge) required for the role.  

#5. Better employee engagement and wellbeing

Study after study tells us that key elements in good employee engagement and wellbeing practice include: 

  • giving people clarity about their roles and the expectations of them
  • providing the support that they need as an individual to be successful in their roles
  • having clear meaning and purpose in the work that they do and
  • feeling psychologically safe by feeling included and informed and involved in their work, in their relationships and in their team.

 A well-structured PD helps with all of these factors when all of the PD purposes outlined above are part of everyday practice in organisations.

 So that is why I think of the PD as the HR Swiss Army Knife – it can be used constructively in so many different ways. 

 Of course, it is just a tool and there are many others in the HR toolkit that need to be used to deliver best practice in People and Culture management.

Do you need to reimagine how you use PDs in your business?

How can we help?

We can provide you with tools like Position Descriptions and coaching in how to apply these tools effectively to control psychosocial hazards, otherwise meet your compliance obligations and build better communications and employee engagement.

If you want to know more, give us a call on 0438 533 311.



CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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Award changes on annual closedowns

Award changes on annual closedowns

Latest News & Events

 

Award changes on annual closedowns

christmas presents

The Fair Work Commission has recently handed down a decision to vary 78 modern awards in relation to annual closedown arrangements.

Historically, annual closedowns have generally required a period of notice from a few weeks to a couple of months and employees then have to take annual leave during the closedown. Employees who don’t have adequate annual leave balances go on leave without pay for that part of the closedown period not covered by annual leave.

The major change that this decision makes is to remove the employer’s right to put an employee on leave without pay if the employee does not have adequate annual leave to cover the closedown period.

Instead, the employer will need to formally obtain the employee’s written agreement to go on leave without pay. If the employee does not agree, the employer must provide the employee with work or, if that isn’t possible, pay the employee normal wages for that part of the closedown period not covered by annual leave.

The employer and the employee may also agree to the employee having annual leave in advance.

What this means for employers?

Essentially, full-time and part-time employees who do not have adequate annual leave to cover an annual closedown period can withhold agreement to take leave without pay or annual leave in advance and still be entitled to payment by the employer for the part of the closedown not covered by annual leave without having to work and without having any deduction from paid leave entitlements.

This is clearly a disincentive to employing people as full-time or part-time and arguably runs counter to the new Object of “Job security” in the Fair Work Act. Employers can avoid the issue by employing people as casual employees.

In circumstances where an employer might need to recruit someone in the months leading up to their annual closedown, they might want to make employment conditional on a prospective employee agreeing to take leave without pay when the forthcoming annual closedown occurs as part of the job offer/contracting process.

Employers also need to revisit their annual leave policies and procedures and how they manage employees’ leave applications and accruals to ensure that employees have adequate annual leave to cover the closedown period. Assuring that employees receive the required notice in writing of closedowns also needs to be provided for.

There is probably also a need to consider the question of closedowns of themselves – what the need for them is and how long they need to go for.

These changes to modern awards are due to take effect from 5 May 2023.

If you need assistance in dealing with this issue, call us on 1300 108 488 or email enquiries@ridgelinehr.com.au.

 

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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Why would I want to work for you?

Why would I want to work for you?

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Why would I want to work for you?

great resignation

We are hearing a lot of business owners asking the question: “Where can I find the people I need for my business?”

Attracting and retaining the people we need is one of the greatest challenges that we have in business today.

The pandemic has had dramatic effects on the labour market in a number of ways:

  • Closed borders have meant that overseas students, backpackers and other migrant workers have not been here
  • Industries such as hospitality and tourism are ones that were hard hit and workers who had been stood down went looking for more secure work, found it and aren’t going back
  • Others which were under the pump like our essential services and frontline workers were stretched to breaking point and many have left to find less stressful work
  • People have moved to regional areas or interstate to get out of lockdown areas and to improve life balance
  • With work from home orders giving people the opportunity to do that, many have found that they like that and they want to keep doing it
  • Conversely, there are some who don’t want to work from home but would prefer to return to the office and finally
  • The pandemic has caused people to rethink what is important to them in life and where work fits in their lives and that impacts on their job choices.

As a result of all of these factors, the labour market is more competitive than it has ever been.

So how do you optimally position your business to be a preferred employer in these challenging times?

What do you have to offer when that potential employee asks the question: “Why would I want to work for you?”

What difference has the pandemic made to the answers to that question?

There have been numerous studies and surveys undertaken on what people want in their workplace and their career.
Generally, we shouldn’t be surprised with what these tell us – they are pretty obvious, when you think about it – people want:

  1. The opportunity to deploy their skills and talents on work that they enjoy
  2. The contribution that they make in their work to serve a purpose – to give meaning to their lives
  3. A sense of belonging in working for an organisation that they feel part of and can feel proud of
  4. Recognition for the work that they do in both monetary and self-esteem terms
  5. Flexibility that enables them to balance work commitments with other elements of their lives
  6. A sense of fairness and respect in the inclusion and behaviour of people in the organisation (ie everyone gets a fair go) and
  7. Trust in their employer, their boss and their colleagues to support them in their role, relationships and wellbeing.

These have always been important elements of a positive workplace culture, but the impact of the pandemic has amplified them.

Additionally, when it is an employee’s labour market as is very much the case today, candidates can pick and choose based on their personal preference set.

The challenges for employers

To be successful in today’s job market, an employer must have a valid and attractive Employer Value Proposition (EVP) which clearly answers that question: “Why would I want to work for you?”

For many business owners and managers, this requires a real mind shift – to open your mind up to new ways of working and new ways of leading and managing your people.

What flexibilities can you offer people in relation to when, where and perhaps even how they work in the role that you need filled?

While you might ideally want people to return full-time to the office, have a think about why you want that. Is it because that works best for you (because it is the way it was pre-pandemic) or is it because it is best for your people and, for that matter, the business?

Perhaps a hybrid arrangement could work – some time in the office with some time working at home or at a remote hub like a coworking space near the employee’s home.

Then there is that question of what your EVP is. Do you know?

One of the more remarkable things that we have found over the years is that 80% of job ads don’t actually give you a reason to apply for them and don’t differentiate from their competition at all.

If “people are your greatest asset” as is so often said, why don’t most job ads reflect that?

Again, you need to open your mind to where you are most likely to find the skills that you are looking for and what might be important to them in a role.

For example, a number of years ago we assisted a client with recruitment of a part-time administrative person, They started thinking of the role as 3 days a week for a full day.

Then we talked about where they would be likely to find the right person and what they had to offer someone in that segment of the labour market.

The business was in a quality suburban shopping strip with a good supermarket, a chemist, a dry cleaner and the other traders that you normally find in these places. There was a tram that stopped out the front of the office and there was nearby free parking. It was ideal for a parent with school children to work during school hours and get the other daily stuff done like picking up something for dinner or getting that script filled or the dry cleaning done. That meant that the kids could be picked up and taken home without any detours.

So they decided to reconfigure the hours for the job accordingly – 9.30 to 2.30 on 5 days per week.

They pitched it that way and got what they wanted because they thought about what a candidate would be looking for in the context of their personal needs. They crafted the role to fit that.

What is your EVP?

If you look at the 7 factors above, which of those give you a strategic advantage over your labour market competitors?

Then consider ways that you can:

  • Define your value proposition (be clear about what you offer and why it is of value) taking into account the specific market that you are likely to find people in
  • Articulate your value proposition (how do you leverage that to attract and retain the people that you need) and
  • Present it engagingly and authentically, making sure that it is real – you won’t keep people long if they find that the rhetoric didn’t fit with the reality.

Your people are a great resource for this.

Part of opening your mind up is about looking at how you interact with your people and how they might contribute in different ways to support the business.

Your people will have things that they value about working for you and they will also have ideas on what isn’t working so well or things that could help to attract and retain the people you need.

So ask them what they think. Run ideas that you have past them to see what they think.

Optimise the relationships with your people by really making them feel that their opinions and work contributions are both valued.

Would any of your employees be good ambassadors for your business (eg they might be happy to be in a video telling the public why they love working in your business)?

We know how effective customer testimonials can be for sales of our products or services – why wouldn’t testimonials by your staff work as well?

If you would like some assistance in developing your EVP so that you can position your business as an Employer of Choice – for real – we can help.

 

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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TELL US WHAT YOU NEED HELP WITH

Is an enterprise agreement the answer?

Is an enterprise agreement the answer?

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Is an enterprise agreement the answer?

Wouldn’t it be great if you could simplify compliance with modern awards and related matters?

If you could tailor content to your workplace?

If you could have everyone on the same terms of employment?

Guess what – you can do all of those things and more in an enterprise agreement.

What is an enterprise agreement?

An enterprise agreement is an agreement made between an employer and a group of employees on wages and conditions of employment for that group of employees.

They can be made with all or some employees in a particular enterprise and have to be approved by the Fair Work Commission.

They can incorporate modern awards that have application to the group of employees or they can exclude those modern awards, totally replacing them.

How are they made?

The process starts with the issue of a Notice of Representational Rights which informs the employees concerned that their employer wants to make an enterprise agreement and that they have the right to be represented in negotiation of that agreement.

Employees nominate one or more people to represent them and they can nominate themselves if they wish to.

If an employee is a member of a union, the union has default bargaining rights unless that employee nominates someone else as their bargaining representative.

The employer and employee representatives then develop a draft agreement and, when it has got to stage where there is a reasonable level of confidence that people are OK with it, a vote of employees is organised.

If a majority of the employees who vote, vote in favour of it, it is approved subject to certification by the Fair Work Commission.

What happens at the Fair Work Commission?

A copy of the signed agreement together with an Application to Approve an Enterprise Agreement (Form F16) and a Statutory Declaration (Form F17) and various other documents are filed with the Fair Work Commission.

The Commissioner who deals with it is then primarily concerned with the following questions:

  1. Whether the Agreement satisfies the Better Off Overall Test i.e. employees are better off under the Agreement than they would be under the relevant modern award(s).
  2. Whether the group of people covered by the agreement does not unfairly exclude other employees and
  3. Whether the Agreement has been fairly made i.e. the correct process has been followed, people have been properly consulted, prescribed timelines observed and people have been properly informed about the effects of making the Agreement on their wages and terms of employment before they voted on it

If the Commissioner has any concerns, an undertaking might be required or submissions might be invited for consideration.

Once the Commissioner can answer “yes” to the 3 questions noted above, the Agreement can be formally approved and legally takes effect from 7 days after the date of that approval.

Reasons for doing an enterprise agreement

There are a variety of very good reasons that might apply depending on the particular award coverage and the circumstances of the business. These include:

  1. Simplification: modern awards try to cover whole industries or particular occupations across multiple industries and we often find that much of the content in modern awards has little or any relevance to particular businesses. So we can trim it back to what is relevant.
  2. Flexibility: all modern awards have Individual Flexibility Clauses which allow some flexibility with existing employees in a limited range of matters and Facilitative Provisions which also allow some room for negotiation on some things. However, they won’t necessarily provide the sorts of flexibilities that employees might want and the employer is happy to offer and that can be addressed through an enterprise agreement.
  3. Customisation: modern awards are largely a one size fits all approach and we know that one size doesn’t fit all. For example, classification structures in modern awards are often difficult to apply to a particular business because they lack definition or they just don’t make sense. In most cases, they were developed decades ago and really don’t take account of technological and other changes to the way we work and the skills that we use today. If you pay people sufficiently above award, you can make your own structure that makes sense for your business and your people.
  4. Fairness: some modern awards have specific provisions which are just unfair for employer and employees. For example, modern awards which have Industry Specific Redundancy provisions allow an employee who resigns after at least one year’s service to receive a redundancy payment of up to 8 weeks while an employee who is retrenched after more than 5 years’ service gets less under the modern award than they would under the National Employment Standards that apply to most other employees. With an enterprise agreement, you can put everyone on the same footing with things like that.
  5. Protection: for some businesses, having an enterprise agreement of your own offers protection from coercion to enter into an enterprise agreement with a union which would force you to pay your workers at major project rates on all of the work that you do. That can make your business uncompetitive for other work. If you are in such an industry and have a non-unionised workforce who are happy to be that way, your own enterprise agreement can help you to get the right balance in paying higher rates on major project work and at lower levels on other work. Equally, a head contactor on a major project would likely want your business to have an enterprise agreement so as to avoid industrial relations disruptions to the project. All enterprise agreements are published on the Fair Work Commission’s website and you can use that to publicly demonstrate your employer value proposition to prospective employees because it is locked in by law.

Conclusions

The process for making an enterprise agreement is complicated and the Fair Work Commission’s approach to them is complex. Additionally, individual Commissioners can have their own way of dealing with them.

That means that you do need professional assistance in developing and implementing one and we can assist with that. Equally, if any of the scenarios described above fit your business situation, it can be a very worthwhile exercise that can deliver real positive change in workplace flexibility, fairness
and employee engagement.

If any of this is of interest to you, take advantage of our free first consultation to explore your options and how we can help.

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

PARTNER LINKS

TELL US WHAT YOU NEED HELP WITH

Creative compliance – beyond minimum standards

Creative compliance – beyond minimum standards

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Creative compliance – beyond minimum standards

great resignation

In this, the second of our blogs on creative compliance, we explore the question of how limiting just complying with your legal obligations can be and what might work better than that.  

Under our Fair Work system of minimum wages and employment standards, we spend a lot of time talking about the importance of compliance with those standards – to ensure that employees are receiving at least the minima that they are legally entitled to and to ensure that employers are not vulnerable to costly underpayment claims, damaging prosecution and embarrassing publicity.

Yes, of course, compliance is important but is that the be all and end all?

Does compliance with legal minimum standards constitute a real value proposition for employees or does it say: “We are doing as little as we legally have to as an employer?”

Not much of an Employer Value Proposition, is it?

And do those minimum standards really address all of the things that they need to if we really do believe that “People are our greatest asset”?

 The immediate challenge

The events of the past couple of years have shone a real spotlight on the value proposition that employers offer as individual businesses or within specific industry sectors.

The insecurities of the hospitality industry with high levels of casualisation of labour were exacerbated by lockdowns and business closures and a continued lack of access to migrant student/backpacker labour. That caused locals in the industry to look for alternative more secure employment and many have found that alternative and are not going back.

Conversely, many frontline workers who have had to lift a very heavy load during the pandemic have sought alternative employment that is less stressful and they are not going back.

Added to that we have had the problems of not having access to migrant workers in both of those sectors and the lowest unemployment  rate that Australia has had for decades. These are affecting businesses across all sectors.

That raises the question of how you are going to attract and retain the people that you need ie how you can offer an attractive value proposition if you just comply with your legal obligations. Why would someone want to work for you as compared to other employers?

Let’s take off the compliance blinkers

One of the problems that looking at anything through the lens of compliance and risk management is that we don’t open our eyes to possibilities for something that might better match the needs of our people and our business. We are so focused on not doing the wrong thing that we don’t consider what might be the best thing.

That also influences the tone of conversations that we have with our people in relation to things that happen in their lives. If we talk in compliance terms, that can be a disappointment at a time when the employee would value a more supportive approach from their boss, HR Department or employer. And that can make a real difference to how the employee sees their employer and how that impacts on the employment relationship.

Here is a story that illustrates what I am talking about here.

That’s not in the rules

This was in the early 1990s before Carer’s Leave was introduced. An employee had been with their employer for five years and hadn’t had a single sick day off in all of that time. He approached management about whether he could use a few days of sick leave to cover a short absence that was necessary so that he could look after the children while his wife was in hospital having essential surgery. He was told that he would have to take annual leave because he wasn’t sick. From that point on, he took every single day absence as a sickie that he legally could – they lost him for 8 days each year. We do have carer’s leave now but there are other minimum standards that are equally problematic such as Compassionate Leave. That provides an entitlement to take up to 2 days of paid leave per occasion on the death or threat to life of a member of your immediate family or household.

That doesn’t provide you with an entitlement to paid leave if a best mate or a good friend or a loved uncle or aunt or cousin or niece or nephew happens to die. It doesn’t cover bereavements for a boss or a subordinate or a work colleague. It doesn’t cover bereavement for a pet. All of those situations are things which cause us grief and which we need to process and that means we are certainly not going to be at our best in doing our job while we work through that.

So, rather than just comply with the minimum standard, could you extend a bit of flexibility by offering either extended compassionate leave or access to personal/carer’s leave?

Get smart

The Fair Work Act, modern awards and other legislation just provide minimum standards that you have to comply with but that is all they are – the minimum that you have to do as an employer.

If you want to give people a reason to want to work for you, give them something more than that. Sit down with your people and work out what you can do to provide an Employer Value Proposition that works better for your business and your people.

If you want to show that you are absolutely committed to that and put it out there as a guaranteed EVP, you might even consider doing an enterprise agreement. These are all published on the Fair Work Commission website for all to see.

Interested?

If you are, we can help because we have both the compliance knowledge and the imagination and perspective to go beyond that constructively (in a legally and culturally appropriate way) . If the theme of this blog resonates with you and you would like to explore possibilities, give us a call to arrange your first free consultation on 0438 533 311 or email enquiries@ridgelinehr.com.au.

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

PARTNER LINKS

TELL US WHAT YOU NEED HELP WITH