People Smartz Blog

The HR Coach Research Institute has released its latest quarterly index.

According to the research:

"The last quarter has shown a marked change in business sentiment in Australia with an increase of 6% in overall business confidence.  The last half of 2011 saw a 15% drop in business confidence so the increase offers welcome respite.  There is, however, a lot of ground to make up from the highs of 2007 and early 2008.

For the first time since 2008 wage pressure looks to be back on the agenda with an 18% increase in wage expectations by employers"

To download the latest Quarterly Index Dashboard -  Click Here

In October 2009, I wrote a blog article regarding the increasing risk businesses were putting themselves under when utilising independent contractors in their business.

This article was titled Independent Contractors - Benefit or Risk to Your Business? and you can read it again by clicking on the link - I strongly recommend you do.

An independent contractor is someone who is self-employed and contracts his or her services to clients - most often other businesses.

Unfortunately, over the years a number of employers have used this as an avenue to avoid their obligations to their employees in respect to things like accruals, superannuation and other entitlements.  These type of arrangements are called "Sham Contracts".

There has been a very strong push against Sham Contracting by the Fair Work Ombudsman over the last 12 months.  In particular, these investigations have revolved around three industries - cleaning, hair and beauty and call centres.

These audits found that 23% of businesses had "mis-classified" employees as independent contractors.  In other words - nearly a quarter of those companies audited were mis-classifying employees as independent contractors.

A recent experience of company I know is an example of how these laws can effect a business:

About this time last year, I met with a gentleman who had started a commercial cleaning company. Based on common practice in the industry, he had engaged a good number of independent contractors to service his growing client base.

Now, he had developed a business model designed around several main "objectives" including high cleaning standards, good quality cleaning products and a highly organised workforce.

The problem was that these "objectives" also defined the relationship he had with his "independent contractors".

Over the past 12 months, he has worked hard to grow his business.  During this time, he had also worked, with the aid of a specialist company, to set up his independent contractor arrangements and bring them within the requirements of the legislation.

During that period he has also been audited by the Fair Work Ombudsman and successfully negotiated their investigation.  

However, he was advised several weeks ago by the company assisting him that they could not continue to assist him (I should point out for very legitimate reasons with no fault on him or his company).

The result was that he could not continue to run his company on the model he had developed - utilising independent contractors.

He was faced with a choice - continue to operate with independent contractors and face potential issues with the law or move his team to an employment arrangement - given his experience with the Fair Work Ombudsman, he decided to abide by the law.

Unfortunately, when he spoke to his independent contractors, they were not willing to move to an employment relationship. 

This left him with only one option - to wind back his business to the point where the work could be handled by himself and his partner.

So the end result - a good number of people are now out of work, a number of businesses are now looking for a new cleaning company and a once thriving, growing business is now "diminishing" in size and operations.

This story highlights how the wrong employment structure can affect your business.  It was never the intention of the Fair Work Ombudsman's activities to create this situation - this is the result of having the wrong structure operating in the first place.

My recommendations from October 2010 still have a strong meaning now and I recommend you consider them in your business: 

"I strongly recommend to my clients before entering into independent contractors arrangements that they closely review the relationship they are forming.  While the benefits of utilising independent contractors are significant, if not structured properly, they also introduce an element of risk to the business."

People Smartz is able to assist businesses with the process of employing independent contractors.  If you have, or are considering, independent contractors in your business - contact us today.

Contact 

During a presentation to a group of business people last month I was asked a question about the importance of long term planning in a business.

The person asking the question phrased the question to reflect his own situation where his time on a day to day basis was totally involved in the here and now - “How can I find time to think long term?”

This is a great question!

And the simple answer is…….

There is no simple answer!

One thing to do is to acknowledge is that we do not manage time.  What we manage is our use of time.  If you really think it through, the distinction between the two is important.  The first implies that we can manage a scarce resource and somehow manipulate the number of hours in the day.

Well, if you can find a way to put more than 24 hours into a day let me know – between the two of us, I think we can make a lot of money!

However, if we use the second definition – managing our use of time, we begin to open up a whole different set of possibilities.

Once you accept that it is your use of time that is manageable, this allows you to begin setting in place a simple principle which can really define your ability to “find time”.

You need to begin to differentiate between those things you do which are important, those that are urgent and those that are neither urgent nor important.

Once you begin to understand the difference, you can begin to ask yourself a question – “What is the most important thing I should be doing now?’

In the environment in which we work, often items arise which appear urgent or important but in reality are not.  For example, if your long term goal is to develop your business and you receive an email with a great YouTube clip on it – what would be the most important thing for you could do?  Watch the video or make those phone calls to develop your business?

Now as I said at the start of this article – there is no simple answer!  This is because even if you do ask yourself the question, it takes discipline to do the important when the urgent continues to beckon so enticingly.  Also, there are times when urgent things are important – meeting a customer’s reasonable needs for example.

It is because of this that knowing your goals/values and committing to them is important.  They provide you with direction and can assist you in your use of time. 

So my answer to the business person when he asked his question? 

“Identify what is important to you, identify what is urgent and identify what is neither urgent or important – when you’ve done that, start working out how to ensure you have the time to achieve your goals”

As I said, not a simple answer, but a good start!

How well are you managing your time?  How good is your goal setting?  Why not contact us for a Complementary Coaching Session to assist you!

Contact

Yes it nearing the end of the year.  We are entering party season - a great time to unwind, rub shoulders with workmates etc.  This can be a fun time!

But end of year parties have a very serious side as many of these antics lead to "regrets" after.

Recent research in Australia found that 70% of people believed that hitting the booze led to a more "personal" feeling amongst staff.  Nearly a quarter of females interviewed admitted that their boss had made a pass at them at an office party. 

Such behaviours can present many problems for businesses, particularly if the "antics" involved lead to a complaint from a member of staff regarding the behaviour of another.

It would be easy to say "no office party" or "its too risky", but sometimes the advantages of holding the party far outweigh the negatives.  The decision to have or not have one is one for the business alone. 

I would recommend a level headed approach to this years Xmas party - making sure the party is well planned and your staff are aware of the required behaviours before hand.  This way you can have the fun while managing the risk!

To help you plan for your businesses party, download our Christmas Checklist today.

Recent research has identified the challenges businesses are facing in managing people in 2011.

This is quite a list!  

• Uncertainty in times of change impacts on confidence of employers and clarity of their strategic direction.

• Fatigue of key employees and additional workload due to shrinking workplaces leads to disengaged workers or management turnover.

• Labour is on average the largest cost to business. The statistics show that it is escalating due to employee expectations for pay increases, the growing anxiety of individual debt and increased competition between employers for talent.

• Over 50% of employees will be looking for new jobs in the next year.

• Employers are ramping up employee numbers but not planning on wage increases.

• Small business is struggling with the fact that they cannot attract quality applicants.

• It is estimated that it can cost more than $48,000 to replace an average employee on $45,000 a year.

• The Red Tape Commission estimates 75% of businesses struggle with paperwork and compliance.

• According to the published National Accountant, 65% of employees have experienced harassment.

• Changes in legislation causes confusion and mistrust. Businesses are at risk externally and it cannot be ignored. Changes in the health and safety and parental leave in Australia are major changes in compliance.

• Internationally, labour laws are becoming more stringent and complex, adding a cost and compliance burden that did not exist before.

• The aging workforce, generational shift, technology adaptation and social media impact are issues that will take hold in the coming year.

If you identify with any of these and are wondering how you can meet the challenge - then give People Smartz a call!  Contact Us

Ever wondered what successful businesses do differently?  We may have some answers for you in a new white paper!

I don't think anyone will disagree that we are operating our businesses in a very complex environment at the moment.  Uncertainty regarding overseas economies, uncertainty regarding new taxes and charges, a relatively unstable political environment (for Australia) and many other facts are contributing to a down turn in business confidence.

A new white paper is now available from our website titled "Managing Back To Certainty".  Developed by the HR Coach Research Institute, the white paper discusses the current external and internal factors effecting businesses and identifies the "Top 5 Attributes of High Performing Businesses".

Based on research conducted over 6 years and 5000 businesses, the paper identifies the factors that allow a business to be "agile and move with the times".  The research shows that employers who are thriving are focusing on key differentiators as opposed to organisations that are at risk.

The important factor in regards to the research is that it has been conducted in the "business" rather than the "corporate" environment. As a result, we get a very good idea about some of the issues that are effecting small and medium sized businesses.

The paper identifies that small to medium sized businesses have "clear advantage" over the corporate world in responding to the challenges that face us and can create long term opportunities leading to sustained growth - despite the external environment.

To download the white paper - Click Here

Fair Work Australia has published their decision varying the General Retail Award 2010 to allow casual school aged workers to work shifts shorter than 3 hours.

The award has been varied as follows:

Clause 13.4 is varied by the addition of the following words at the end of the clause:

“provided that the minimum engagement period for an employee will be one hour and 30 minutes if all of the following circumstances apply:

(a) the employee is a full time secondary school student; and

(b) the employee is engaged to work between the hours of 3.00 pm and 6.30 pm on a day which they are required to attend school; and

(c) the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than three hours; and

(d) employment for a longer period than the period of the engagement is not possible either because of the operational requirements of the employer or the unavailability of the employee.

As we have stated in a previous blog post (Common Sense at Last! After School Work Back on the Agenda for Teenagers), we believe that this decision is a win for common sense by Fair Work Australia.  It is a pity that it has taken so long, and a needless appeal to make it happen!

To download the determination, download the Determination from Fair Work Australia

Last financial year, the Fair Work Ombudsman commenced prosecutions against in excess of 50 companies for underpayment of wages and entitlements to their employees.

The simple fact is that this number is just the tip of the iceberg.  Many other employers have had to backpay employees as a result of underpayment.  Just check out the Ombudsman's media release page (Fair Work Ombudsman - Media Releases) and you will see the number of press releases on the subject.

Late last year, we worked with a business that had been underpaying their employees over a long period. By the end of the process, they had back paid their employees nearly $100,000 - quite a hit on a small business!

Now, this situation was one where they had innocently made an error in calculating a 40 hour week. The Ombudsman recognised this and no further action was taken.  However, there have been fines handed out to businesses and Directors where the Ombudsman found that taking further action was appropriate.

One example of a company based fine was where a franchisee from a major franchise group was fined $150,000 for underpaying staff.  Directors have also been targeted, with a recent prosecution fining individual directors a total of in excess of $130,000 for underpaying 47 staff.

Under the current system of Modern Awards and Transitional Arrangements, calculating how much you need to pay your employees can be confusing.  However, it is important to recognise that confusion, or not understanding your commitments is not an excuse for underpaying staff.  In the end, at best, you will be required to back pay them any entitlements they may have not received.

So what can you do to protect your business?  Well here are our recommended 5 Steps to Protect Your Business:

1. Understand and be compliant with the National Employment Standards.
2. Identify the modern awards and classifications that apply to your employees;
3. Make sure your employees receive compensation for actual hours worked, paying particular attention to ordinary hours of work, overtime and penalty rates, and shift allowances. 
4. Do you work a 40 hour week in your business?  Do you roll leave loading into a salary or hourly rate?  These type of arrangements (and others) come under the heading of "Award Flexibility" and you are required to ensure your employees are "Better Off Overall".   If you do not understand the requirements around Award Flexibility - seek advice. 
5. Make sure you keep the right records!  If you are investigated, you will need to demonstrate compliance.  To do that your record keeping will need to be accurate and in accordance with the requirements.  

If you need assistance in any of the above areas - then give us a call!  At People Smartz, we are more than happy to assist you!

Contact Us

Did you know that 89% of employees in Australian Businesses were employed by companies employing 20 employees or less? (Australian Bureau of Statistics 8165.0 2010)

When you consider this statistic, you need to wonder why our industrial relations system is designed for 11% of the workforce!

It all comes down to some very important factors (in our opinion):

1. The employers of 11% of the workforce are bigger contributors to the political parties
2. The 11% of the workforce are the primary targets of our union movement; and,
3. The employers of 11% of the workforce are the major drivers of industry bodies supposedly in place to support business.

This morning I posted a quote on Facebook from John C Maxwell - 

‎"Life is 10% what happens to me and 90% of how I react to it."

Posting this particular quote was not an accident.  It is because I believe that in life, and in business, you have the ability to choose the way you react to a particular situation.

The current situation in regards to the World's and Australia's economy is creating a mindset within many business owners - one which says "here we go again" and "things are tough at the moment".

On the most part, I have to say that I agree with them!  Things are tough at the moment - but all that means is that now is the time to actively seek opportunity.

I would like to give you two examples of clients of mine who are reacting positively to the current environment and actively seeking opportunity.

One of them is operating a single person business. She has had a rough year with her home flooded in the January floods and many other things happening around her.  Yet, despite having to move home and her workplace 3-4 times, she has worked hard at grasping opportunities as they have been presented to her.  Despite working in an industry that is flat lining, she is one of the few of her peers who is able to predict a positive cash flow over the next 6 months.

The second client is a team of two young professionals who have looked at the economy, identified potential markets for themselves and actively worked those markets hard.  Where other companies in their industry are laying off staff, they are hiring.  Where other companies in their industry are lowering their rates, they are raising theirs. Where other companies are loosing customers, they are gaining them.  

Both these clients have one thing in common.  They have chosen to take a positive approach and grasp opportunities as they present themselves.  Importantly, they have worked hard at establishing relationships with other businesses to encourage a flow of work between the different businesses.  In short - their efforts are not only ensuring the success of their own business but also assisting others.

Over the past two or three weeks, I have met with many business owners who are "doing it tough" and I have shared these stories with them.  It is interesting to hear their feedback.  Many were continuing to do things they had done previously because they had worked previously, others were looking for the silver lining - one retailer told me that things would turn around over the coming months because "people will start getting their tax cheques".

Well, I'm sorry, people have been getting their tax cheques now for nearly 2 months!  And what happens if they decide to bank their cheque rather than spend it?

Waiting for a silver lining or continuing to do the same things does not change something.  Taking a positive approach and seeking a new way is - in other words choose to respond rather than choose to do nothing!

This is what we are encouraging our business coaching clients to do and everyone of them is achieving their targets. In the case of the two I have described above, we are re-writing the targets - they are not high enough!  On average over the last six months our clients have achieved an average increase of 62% in revenue during a period where "things are tough".

So if you own a small business, think about how you are reacting to the economic environment - are you taking advantage of the opportunities that are out there and taking a positive approach?

People Smartz is a Business and HR Coaching company specialising in assisting small to medium sized business owners.  Our aim is to assist Business Owners to achieve both their personal and business goals in a balanced and sustainable manner.  If you would like to discuss business coaching - Contact Us