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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Changes to the Child Employment Act

Changes to the Child Employment Act

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Changes to the Child Employment Act

children on laptop

Did you know that you need a child work permit to have an employee under the age of 15 work in your business? In this article we’ll outline how they work and what exemptions there are as well as the changes coming on 1 July 2023.

How it works

Children under 15 can be employed in a business subject to a few qualifications:

  • They must be at least 11 years old to do delivery work or 13 to work in retail or hospitality and must be supervised at all times by someone who possesses a valid Working with Children Clearance.
  • An employer must have a permit before they engage an under 15 year old. Failure to have a permit is a crime and employers may be penalised accordingly.
  • There are restrictions on how many hours they are allowed to work and when those hours can be, including start and finish times.
  • Employees under 15 years of age have increased break times and frequency compared to older employees.

What exemptions are there?

While most businesses are subject to the above rules family businesses are exempt from needing a child workers permit and some of the rules regarding age restrictions, hours of work and rest breaks do not apply so long as they are directly supervised by a parent or guardian. If someone other than a parent or guardian is supervising the employee then the exemption does not apply.

Similarly the entertainment and advertising industry have their own rules that differ from the rules that apply to most other industries. They can be found in more detail by following this link. Child employment permits – entertainment and advertising

Changes

As of July 1 2023 the Child Employment (Amendment) Act 2022 is being introduced. This Act changes the system of employing children from having to apply for individual permits for every child to employers being able to hold a licence under which they can employ multiple children.

it also clarifies several grey areas including definitions regarding what constitutes a family business, what employment means in several contexts in different industries and supervision rules. 

For more information on the changes please look at this page. Changes to the Child Employment Act

Child employment laws are enforced by the Wage Inspectorate Victoria.

If you need any assistance with anything mentioned please check the Victorian Governments web page regarding child employment here or if you need further assistance please give us a call on 1300 108 488.

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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

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ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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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.

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Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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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.

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ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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Is reference checking worthwhile?

Is reference checking worthwhile?

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Is reference checking worthwhile?

great resignation

That is a question that is often asked and, like lots of things in the people and culture space, the answer is “that depends on how you do them”.

Properly structured and executed, reference checks can be invaluable.

They provide a real opportunity to explore the candidate’s fit with your business and the role in question through the lens of others’ real life experiences with and knowledge of them.

However, too often, there is a standardised HR procedure with generic questions ostensibly designed to ensure equal opportunity in the selection process, but which delivers little real intelligence about the candidate’s fit with your business and the role in question.

Here are our rules for conducting effective reference checks.

Rule #1: Do your preparation

Understand the role that you are recruiting to, the skills and knowledge that are necessary to perform the role effectively and the character attributes that exemplify your culture.

As you should do throughout the recruitment and selection process, think about the best ways that you can ascertain whether someone has those qualities.

Consider what you have learned about this candidate in the recruitment process to date  – what, based on the evidence at your disposal, you have reasonably determined that you are satisfied with and what you still have questions about. 

One simple way to do this is to get out a set of highlighters (physically or electronically), look at the Position Description for the role and use the traffic light method to work through each function and attribute to give you a good graphic picture of where the candidate is at – green means “yes”, yellow is “maybe” and red is “no”.

Then consider why you think that and how you can best answer the questions that you need to get answers to.

Rule #2: Purposefully design the conversation 

Remember that you need to know if this person is a fit with the role in your business and your culture – not the referee’s business and culture. 

Also remember that the referee can only effectively answer your questions if you firstly engage with them in a positive way and secondly give them the information on your needs so that they can respond in the right context.

So, in planning the conversation, you need to: 

  • Verify that the person is happy to act as a referee for the candidate and that the time is OK with a clear indication of how long it is likely to take (book a time that is convenient for the referee)
  • Provide a concise explanation of the nature of your business, the desired culture and the contribution that this role is expected to make so as to give the referee an accurate context in which to respond to your questions
  • Pose a series of questions that are based on your needs asking the referee to provide you with evidence of the candidate’s fit with those qualities based on their experience but very much in the context of your business
  • Express gratitude for the referee’s participation (that is just courteous but, if you want an extra reason, giving thanks builds goodwill and enhances your reputation and that might just pay off sometime).

Rule #3: Make it a conversation 

People are often nervous about providing referee’s comments especially if there is anything that might not be complimentary. 

It is important that you put the person at ease by making the process as informal as possible – make it a conversation rather than an interrogation. 

Start by thanking them for agreeing to act as a referee and confirm the process and time commitment for them.  Give them a brief overview of your business and the role for which the candidate has applied. 

Ask a few questions about the referee’s background eg “before we start talking about Mr XYZ, tell me a bit about yourself and your background.” This helps to give you context about the referee and helps the referee to relax into the conversation. 

Then establish the connection and level of the referee’s experience with and knowledge of the candidate. Explore the nature of the role(s) that the candidate had, what their key responsibilities were and how effective they were in meeting those. 

Also explore the culture of the organisation – ask what the core values were and how well the candidate fitted with those, asking for examples of situations and ways in which they practised the values in real terms.

Now it is time to drill down into the questions that you identified in the planning process as needing answers, making sure that you contextualise the questions to your needs. For example, “here at ABC Inc, our staff work closely with people in difficult circumstances, and we need to ensure that we are continuously supporting them and their mental health. How do you think Mr XYZ would manage that for the team he would lead in this role and why, based on your experience with him, do you think that is the case?” 

When you have finished your questions, ask the referee if there is anything that they would like to add. 

Finally, close off the conversation, thanking the referee for their time and information about the candidate. 

Rule #4: Reflect and revise 

Now revisit those questions that you came up with in the planning phase and the Position Description for the role. Adjust your ratings where appropriate based on the feedback that you received from referees. 

Ready to make the call now?

CONTACT US

Ridgeline Human Resources Pty Ltd
ABN : 24 091 644 094

enquiries@ridgelinehr.com.au

0438 533 311

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