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HR Risk Management

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Margot Gallagher

Full-time employees and hours of work – what is “reasonable”?

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Under the National Employment Standards (NES), the maximum number of hours of work for a full-time employee is 38 hours per week. What this essentially means is that an employer may not request/require a full-time employee to work more than 38 hours per week unless this request is "reasonable". So, what does "reasonable" actually mean?The Fair Work...
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Greg Mitchell

“Super Stapling” Commences 1st November

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​The Federal Government recently made a few changes relevant to superannuation arrangements, a key one of which becomes effective 1st November.From this date, when a person shifts from one employer to another, the new employer must pay the employee's superannuation contributions into the employee's "stapled superannuation fund", or a different fund...
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Greg Mitchell

COVID-19: The Big Questions - Can I mandate that staff be vaccinated? Can I require them to provide evidence?

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Perhaps not surprisingly, we're providing our clients with a lot of support at the moment in relation to COVID-19 vaccinations, so we thought we'd address the 2 most common questions:1. Can I mandate that staff be vaccinated?The validity of requiring compulsory vaccinations for any employee effectively comes down to a judgement as to whether t...
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Greg Mitchell

What and why you need to know about: General Protections Claims

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 A regular part of the support we provide to employers is helping them to manage the risks associated with employee terminations.While most of the time this involves us providing information and guidance to employers to prevent/defend potential Unfair Dismissal Claims by aggrieved former employees, we often also need to help them manage the ri...
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Margot Gallagher

The Role of a Support Person

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When the time comes that you need to have a difficult conversation with an employee, particularly in relation to matters such as poor performance, misconduct, potential dismissal or redundancy, it's important that the employee be provided procedural fairness – which includes allowing them to bring a support person to relevant meetings if they choos...
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Greg Mitchell

Responding to COVID Restrictions

The NSW Premier's announcement of additional COVID restrictions this weekend (17th July) has resulted in further challenges for employers and employees alike. If you own or are managing a business impacted by the tighter restrictions (including but not limited to those in the retail, construction and cleaning industries), you may need to consi...
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Margot Gallagher

Did You Know? Minimum shifts for casual employees

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Most modern Awards contain a provision that includes the minimum number of hours that a shift can be for casual employees. You'll usually find this provision in the Types of Employment: Casual Employees section of the relevant Award.Most Awards also specify that this also represents the minimum payment a person must receive – which means that if yo...
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Margot Gallagher

Annual Wages Review July 2021

Each year, the Fair Work Commission conducts a review of wages which ordinarily sees an increase in Award rates from 1 July. This years'  review has just concluded, and the Commission has granted a 2.5% increase in the minimum wage that will flow on to all modern Awards.The minimum wage (for an adult employee) will increase to $20.33 per hour....
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Greg Mitchell

Federal Budget 2021: HR Implications

The recent Federal budget contained a number of interesting provisions that employers should be aware of, particularly as you undertake your own budgeting and planning processes for the 2021-2022 financial year. For a full overview of the 2021-2022 budget provisions that potentially have implications for employees and employers, click here. Some of...
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Greg Mitchell

Employers be Aware: Changes to Casual Employment

** Article updated 16th April 2021 **While many problems remain with our complex industrial relations system, the Federal Government has at least managed to iron out a couple of issues related to casual employment with the passing of the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020 ("the Bill"), earlier this mon...
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Greg Mitchell

HR 101: Types of Employment (full-time, part-time, casual)

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This video provides an introduction to the different types of employment: full-time, part-time and casual.To access the video (on Youtube), click on the image to the left or click HERE. The video transcript is below.Note: shortly after production of this video (mid-March 2021), the Federal Government made changes to legislation affec...
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Greg Mitchell

Paid Personal/Carer's Leave Clarified: August 2020

In a decision that is welcome news for employers (and HR people, accountants, bookkeepers and payroll people alike!), the High Court earlier this month provided some much needed clarification in terms of how paid personal/carer's leave is to be accrued and taken. The decision overrules an earlier controversial decision by the Federal Court [Mondele...
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Greg Mitchell

Leading in Times of Crisis

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Among many other things, the Coronavirus/COVID-19 pandemic has caused me to think about leadership during times of crisis. While we look to the world's political leaders to provide us with information, support and guidance, people are also looking to their local community and business leaders to help them through these difficult times. A recent art...
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Margot Gallagher

Employers Beware! – New Annualised Salary Arrangements

It's reasonably common for employers to choose to pay some of their employees annualised salaries in an effort to incorporate a range of Award provisions such as overtime, leave loading and penalty rates. There are a number of Awards that include specific provisions for these types of arrangements, and such arrangements are often also applied to em...
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Margot Gallagher

Christmas Gift-Giving Tips

At this time of year, lots of employers consider paying their employee a Christmas bonus or providing their employees with a gift, to say thanks for a successful year. This can be a great engagement tool and motivator for staff, but there are a number of things to consider when determining what the most appropriate reward might be. What do people v...
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Greg Mitchell

HR Q&A: How Do I Find the Correct Rates of Pay?

Without question, the Fair Work Act and other legislation impacting the employment relationship can be difficult to navigate, particularly for smaller businesses and organisations with little internal professional HR support. And with fines for individual breaches of the Fair Work Act potentially exceeding $60,000, it's little wonder that we end up...
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Greg Mitchell

HR Q&A: How Do I Know Which Award Applies? Determining Award Coverage and Classifications

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​Without question, the Fair Work Act and other legislation impacting the employment relationship can be difficult to navigate, particularly for smaller businesses and organisations with little internal professional HR support. And with fines for individual breaches of the Fair Work Act potentially exceeding $60,000, it's little wonder that we end u...
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Greg Mitchell

What I’ve Learnt About HR in Smaller Businesses

 I was recently invited to present to the Australian Human Resources Institute's networking group in the Central West region of NSW on the topic of "HR for Small to Medium sized Enterprises (SMEs)".In addition to sharing our exclusive 8 Elements to Success through People© Model as a means to assess and prioritise value adding people-management...
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Greg Mitchell

What do I need to do - Terminating during Probationary Period

Unless the terminated employee has completed more than 6 or 12 months service with the employer at the time of termination (12 months in the case of a small business with fewer than 15 employees, otherwise 6 months – this is referred to as the "qualifying period"), the employee will generally not be eligible to lodge a claim for unfair dismissal. I...
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Greg Mitchell

Right to Request Flexible Work Arrangements

We recently received a question from an employer who needed to respond to an employee requesting flexible work arrangements (to change from full time to part time and also do some work from home).Q: Can anyone request flexible work arrangements and can I say no?First of all, let's be clear about what we mean by flexible working arrangements. A requ...
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