People Smartz Blog

One of the things small business clients often talk to me about is the time it takes to process their superannuation obligations, particularly when they have a number of employees with different superannuation funds.

Well finally we have seen the establishment of a clearing house to help small businesses meet their obligations!

A free (and optional) super clearing house service is now available to small businesses with less than 20 employees to help them meet their super guarantee obligations.

The Small Business Superannuation Clearing House is administered by Medicare Australia and lets employers pay their super contributions to a single location in one simple electronic transaction.

Small businesses that register to use the service will have their super guarantee obligation discharged, as long as all of the following apply:

• they pay the correct amount;
• they pay by the super payment cut-off date;
• the payment is accepted by the clearing house; and
• the payment is not rejected by the super fund.

Employers who receive an employee's choice of fund nomination will have their choice obligation discharged if they pass the information to the clearing house within 21 days of receiving the choice of fund nomination.

Small businesses can register online for the service by:

• visiting the Medicare website at www.medicareaustralia.gov.au/super; or
• phoning Medicare Australia on 1300 660 048.

Recently People Smartz launched a new one on one workshop called "Mutual Success".

These workshops are built on the premise that employers and employees working together can achieve success on a business and individual level.  We've called this "Mutual Success".  Really, its all about building busienesses through stong connections between all members of a business's "Team".

The workshops take a whole of business approach to managing people in a business.  They begin with seeking the needs of the business owner and identifying those areas of the business which may be effecting the achievement of "Mutual Success".

This begins with the basics - is the business providing their team members with all their entitlements, is the business complaint with Australia's new industrial relations laws and what behaviours are effecting the achievement of success.

We then move on to talking about how the business can move someway towards achieving "Mutual Success" and putting in place a plan to start them on their way.

Having completed a small number of these workshops, I have found that the results are incredible.  Not only are businesses finding new ways towards success, they are also covering off on important areas of compliance.  For thoses businesses, managing people has become a factor in their success!  One comment made by a workshop participant was "this has changed the whole way I look at my staff.  They are part of my competitive edge - not just a cost on the business".

At People Smartz, we strongly believe the development of "Mutual Success" is essential to the success of small to medium sized businesses.  In fact, we believe so strongly in this concept that we have decided to offer the "Mutual Success" workshops to small and medium sized business for free for the next 3 months!

Businesses taking part in the workshops come away with

• A new awareness of what may be challenging your business in regards to staff within your business
• Identify 3 things you can do now to improve productivity, staff retention and staff costs in your business
• A 3 month “Getting the Basics Right” Smartz Plan individualized for your business that you can begin work on straight away!

Visit our booking page to find out more today!

Recently, the Parliamentary Secretary for School Education and Workplace Relations said that the number of unfair dismissal claims under the Fair Work Act had increased.

She said the number of claims in the 12 months to June this year was 10,751.  This is significantly up from 2008-2009 where a total of 7,994 claims were made.

If you like talking in terms of percentages, this is a 35% increase in claims.

Significantly, she also said that “83% of claims” were resolved through conciliation.  She used this as evidence that the new system was “working”. 

I am seeing clients weekly who are becoming more concerned about the effects of the new laws and the ease of making an unfair dismissal claim. For them, the figure of “83% of claims” is evidence that the system is “not working”.

They are hearing stories of businesses paying “go away” money to make these claims go away – regardless of the validity of the claim.

Now, there has to be some protection for employees against unfair dismissal – I don’t think anyone will argue with me on that. Laws of the type we have now work better in the corporate environment, and largely that is where their designed for use (I will not argue whether they “work” in the corporate environment – that is another issue).  In smaller businesses however, a different set of circumstances are at work.

First, SME’s normally do not have access to HR Teams or the systems in place to manage problem situations.  Normally they are handled from gut instinct or based on a small amount of experience.   Often that experience is under previous industrial relations regimes and not necessarily relevant to the current circumstances.

Second - Without having the systems in place, the business owner and the employee are often directly affected by the complexity of the new laws.  The majority of small business owners I have spoken to have never heard of the “Fair Dismissal Code for Small Businesses” and have very little idea about the steps they need to take to protect their business – and themselves.

I regularly receive calls from businesses that are having problems with employees.  Because they do not have formal processes in place, they are concerned that their actions may result in a complaint or claim against them.  The regularity of these calls is increasing.  Another example of this is the increasing number of businesses approaching People Smartz to request assistance with putting in place systems to protect their business – this has increased by 22% since this time last year!

For the first time ever, we are also receiving calls from employees – asking how they go about making a claim!  Over the last month, we have received 12 such calls with another 5 queries through our website. All except one have revolved around perceived unfair treatment in the workplace or underpaid entitlements.

While this is good for our business, the fact is that small to medium sized businesses need education, a concentration on developing fair and equitable systems and assistance with developing productive and efficient workforces.  They do not need increased complexity, aggressive regulation and regulatory systems that encourage claims regardless of their validity. 

However, this is the regime that we have.  The Work Choices legislation has resulted in a polarization of the debate about the industrial relations system and we are unlikely to see a constructive debate about the system for awhile yet.  As a result, businesses need to work to develop the needed systems and infrastructure to ensure they are compliant.

People Smartz is ready to assist small to medium sized businesses to ensure they are compliant and protected.  We offer a number of services designed to review and inform businesses of the areas of risk in regards to the new legislation.  Why not start by booking your Human Resources Review of Your Business today!

 

 

 

A couple of days ago, I had a long conversation with one of my clients.

His lament was one I have heard before from business owners - that staff these days are no longer "loyal" to their employer.

There is an endless amount of research regarding the difference between generations, and the changing face of our workforce and really I don't intend to go into those in this blog - what I would like to talk about is an often missed part of "loyalty" - that of individual identity and identification.

Let me explain by using myself as an example - I spent a good period of my life in the Navy.  If you were to ask who I was, I would say I was a "Sailor" - it is how I identified myself to myself.  In fact, if I was talking to someone with a naval background I'd probably take this further and describe myself as a "Yeoman" - a title that would not mean much to people outside the Navy.

Now over the years, I have begun a new career, founded a company and been fairly successful in my endeavours.  I truely enjoy the work I do, dealing with clients who are pursing their own dreams and goals.  While my personal picture of myself has altered, there is still that element of my description which says "Sailor". 

My point is that this personal identification has created in me a certain amount of loyalty to an organisation I left quite a while ago.  In my mind, that recognition and loyalty is still there.

For Business Owners, it is easy for them to identify themselves with their business - after all they own it, run it and are responsible for its success or failure. 

Sometimes it is hard for them to understand that their employees may not feel the same way about the business.  But after all, if their employees have had no opportunity to "recognise" themselves as part of the business - what have they got to be loyal about?

Speaking to my client the other day, we begun discussing this in relation to his business.  He is a very hands-on type business owner.  For him, his employees are people who come in, do a days work and then leave - the business is his to run. 

While talking, he begun to share some of his own experiences about when he felt the most loyalty to his own employers.

With this - he realised that he couldn't really expect loyalty from his staff if he was not offering them something to be loyal about.

I left him to think this over and consider what actions of his own were actually leading to the situation that was annoying him.

I'll let you know how he goes over the coming weeks.......

 

Many thanks for this story to the HR Coach Network - it is a timely reminder for employers regarding bullying in the workplace and the possible effects of not having the appropriate measures in place.

A recent tragic case has highlighted the need for employers of all sizes to be proactive and vigilant in respect to bullying behaviour within the workplace.

The case involved the death of a 19-year-old cafe employee in Victoria, who committed suicide after more than 12 months of bullying at the hands of her co-workers. It was found that the victim was subject to constant taunting, criticism, name-calling and on at least one occasion had sauce poured over her clothes and hair.

In what is largely being regarded as a turning point for workplace bullying cases, the business was fined $220,000 for failing to provide and maintain a safe workplace and failing to adequately train and supervise its employees.

The presiding Magistrate said that the company had “tacitly approved” of the bullying behaviour. One of the company directors was personally convicted and issued a fine of $30,000. In a further landmark decision that has seen the liability for bullying extend beyond businesses to individual employees, three of the victim’s co-workers were convicted and fined a total of $85,000.

Combined with a recent survey indicating that nearly 1 in 5 workers has been subject to bullying, the case highlights the importance of employers and employees alike taking measures to prevent and eliminate bullying in their workplaces.

Australia's new Modern Award system is now nearly 3 months old.  In that time, I have been dealing with small to medium sized businesses, assisting them in ensuring they are meeting the requirements of the awards and the National Employment Standards.

One of the comments that keeps coming up revolves around which award covers a particular business.

Now, this is really not surprising - there has not been a strong education process for small to medium sized business about the changes and most are not experts in industrial relations or reading awards.

Without going into great detail, some of the changes effecting small to medium sized businesses include:

• The introduction of modern awards
• The introduction of National Employment Standards
• The move for most from state based to national based awards.

The introduction of Modern Awards has involved major changes for small and medium sized businesses.  The process of introduction begun with a "modernisation" process which saw over 1200 awards reduced to approximately 120.

This process of modernisation has resulted in some broad classifications of employment, which for some business people is hard to understand.  Once again, with such a large change, this is not surprising - the move to "modernise" awards has led to Modern Awards with very broad coverage and classifications need to  be generic enough to allow this.

As an example of this, I was recently working with a business which found it difficult to actually identify the award their employees could be classified under.  Going by the classification themselves, it was a difficult exercise, with none in the most obvious award (the General Retail Industry Award 2010) really fitting.

We were able to step our way through a process of identifying the appropriate award and classification, finally ensuring that their employees were employed under the appropriate award.  This has allowed them to identify the changes they will need to make over the coming period as the transitional arrangements take affect.

To assist business people to identify their awards I am conducting a free webinar next Tuesday (30 March) at 1pm (Brisbane Time).  Titled "Modern Awards and Your Business", the webinar will cover areas like identifying award coverage for your business and other practical areas.

If you would like to reserve your seat on the webinar - click on the following link:

https://www1.gotomeeting.com/register/675812345

Over the last two months, we have seen a huge increase in businesses requesting we conduct our free compliance check on their business.

The reason for this is the implementation of the new Modern Awards and the National Employment Standards.  We are now seeing the effect of these new awards and standards on business and the additional burdens they involve.

Our experience with these reviews has enabled us to identify the 5 most common things we are seeing that businesses need to change because of the new laws.

Here they are (in no particular order):

1.  Expectations of 40 hour working week - a 40 hour working week is not in accordance with the National Employment Standards.  These standards set the maximum number of hours at 38 hours.  Now there are ways businesses can continue to use a 40 hour working week providing their employees are better off overall.  But these need to be agreed in writing through either individual flexibility agreements or a collective agreement.
2.  Ordinary working hours not in accordance with the new Modern Award - the new awards may include a change to the hours used to define ordinary working hours.  This means that from 1 July 2010, overtime or penalties may kick in at new times when compared to other agreements. These are subject to transition arrangements, but businesses need to be aware of the potential of extra cost here.  Once again these may be changed by individual flexibility agreements etc.
3.  Businesses still utilising State Awards - All Australian States (except W.A) have referred their powers for industrial relations to the Federal Government.  This means that, except for state government employees, the vast majority of employers previously on a state award are now covered by new modern award.  Businesses need to be aware and compliant with the appropriate award.
4.  Lack of awareness of National Employment Standards - the National Employment Standards lay down the minimum standards of employment for all employees.  By not being aware of the changes between the standards and their current practices, employers run the risk of being in breach of the standards.  A couple of the most common things we are seeing are an unawareness of new work flexibility requirements and the altered termination and redundancy requirements.
5.  Thinking they can ignore the changes - this is just not a smart business move, but a number of businesses are electing this option.  I recommend if you are considering this, you visit the Fair Work Ombudsman website and read the press releases concerning the breaches they have identified and taken action against.

Should you be concerned about your business, or you want to check to made sure your doing things right -  book yourself in for one of our compliance reviews today!

In a world first, People Smartz, as part of the HR Coach Network, is pleased to announce the release of the first national human resource standard, Human Resource Framework NS HRF-101: 2010.

The first national human resource standard was developed by representatives of industry across Australia, New Zealand and Asia Pacific to provide the consistency and security in human resource practices that organisations now need. Based on four years of research by the HR Coach Research Institute, the standard is designed to suit the full array of organisations – profit, not-for-profit, government, private, large and small. Importantly, the standard is there to provide guidance to organisations. It is a voluntary standard to help organisations meet their obligations as well as to develop their employees to optimise their goals.

For organisations without a structured internal human resource function, the Human Resource Framework  provides a simple and consistent method of managing people on an annual basis. The framework provides a guide to good human resource disciplines within the organisation, much the same as an accounting process. 

To learn more about the new National Standard, download the White Paper Setting the Standard from our website

Happy New Year!

Listening to the news last night here in Brisbane, the reports were on many new laws/changes being introduced in the new year.  Bus Fares were going up, politicians were going to be paid more etc.

But there was not one mention of some of the most wide spread changes to the working lives of Australians.  Effective today, Australia's new system of modern awards and the National Employment Standards (NES) will now govern the way businesses employ and manage their staff.

Over the past 6-8 months, I (and many others) have been seeking to raise awareness of these changes and urging businesses to prepare.

Today, the time for preparation is over - from today it is time to act......

If you haven't already identified your new award, it is time to do it.

If you haven't looked at the New Employment Standards (NES), it is time to do it.

If you haven't already identified the changes to your employment practices that will need to be made, it is time to do it.

If you haven't already put in place policies and procedures to protect your business, it is time to do it.

If you haven't already ensured your employment agreements are consistent with the new laws, awards and standards, it is time to do it.

If you haven't got appropriate processes in place to mitigate risk in areas such as harassment, discrimination, Health and Safety etc, it is time to do it.

If you haven't got a engagement plan for the unions relevant to your business, it is time to do it.

If you haven't got a plan for "good faith bargaining" and consulting with your staff, it is time to do it.

If you haven't looked into how to introduce flexibility into your business through "individual flexibility agreements", it is time to do it.

Not a bad list is it?  And this is only the start! 

For more information, visit the members section of our website today!

End of year/Christmas Office parties - a great time to unwind, rub shoulders with workmates and other great antics.  They 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 from our members section.