Jun 18, 2024
One of the cornerstone changes of the new legislation is the redefinition of casual employment, which now hinges on the practical nature of the employment relationship rather than contractual terms alone. This can be equated by considering work patterns, as well as the similarity in work between casual and permanent employees. This shift aims to clarify the status of casual employees and streamline the process for those seeking permanent roles.
Under the new framework, employers are no longer required to proactively initiate casual conversion assessments. Instead, employees must notify their employers if they believe they no longer qualify as casual and wish to convert to permanent status. This change is expected to reduce the administrative burden for employers, particularly in industries where casual employment is prevalent and often preferred by workers for its flexibility and higher pay rates.
Upon receipt of a conversion request, employers must respond in writing within 21 days, either accepting or providing reasons for refusal. This process does not supersede any existing casual conversion procedures in modern awards or enterprise agreements, and disputes can be arbitrated by the Fair Work Commission (FWC).
Despite the employee’s right to request conversion, employers retain the ability to refuse these requests under specific circumstances deemed fair and reasonable:
To prepare for these upcoming changes, Employers should focus on these practices:
These changes aim to balance the needs of businesses for operational flexibility with the rights of casual workers seeking greater job security. By effectively understanding and applying these new laws, businesses can navigate the complexities while minimizing legal risks.
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Jan 10, 2024
Data from the Workplace Gender Equality Agency shows that as of May 2023, women in Australia earned, on average, 87 cents for every dollar men earned. Legislative changes will compel larger organisations of 100 employees or more to disclose their gender pay data, marking a crucial step in promoting transparency, accountability, and ultimately closing the gender pay gap.
Starting in 2024, organisations with a workforce exceeding 100 employees will be legally required to disclose their gender pay gaps. This disclosure will encompass data illustrating the disparities in earnings between male and female employees, shedding light on any existing inequalities.
The legislation is not solely focused on revealing the pay gap but also emphasises transparency in remuneration practices. Organisations will be obligated to provide insights into their salary structures, ensuring a clear understanding of how pay decisions are made within the organisation.
Unlike previous reporting mechanisms that might have excluded bonuses and benefits, the new legislation mandates a comprehensive approach. Organisations will be required to disclose not only base salaries but also additional forms of compensation, providing a more accurate representation of the total remuneration received by employees.
Recognising that pay disparities may vary across industries, the legislation allows for the establishment of sector-specific benchmarks. This tailored approach aims to facilitate more nuanced assessments and comparisons within specific sectors, fostering targeted strategies for improvement.
With mandatory disclosure, organisations will face increased accountability for their gender pay practices. The transparency brought about by the legislation will empower employees, investors, and the public to hold companies accountable for fostering an equitable workplace.
The detailed data on gender pay gaps, including bonuses and benefits, will enable organisations to identify specific areas of concern. Armed with this information, organisations can implement targeted strategies to address disparities and promote a more inclusive work environment.
The legislation serves as a catalyst for cultural and systemic change within organisations. By making gender pay data publicly accessible, there is a collective push for organisations to reassess their policies, promote fairness, and work towards closing the gender pay gap.
Australia’s decision to mandate gender pay disclosure in organisations with over 100 employees from 2024 signifies a landmark move toward workplace transparency and gender equality.
As organisations prepare for compliance, the spotlight on gender pay gaps will undoubtedly drive a renewed commitment to fair remuneration practices, creating a more inclusive and equitable workforce for the future. This legislative shift reinforces Australia’s dedication to fostering gender equality and sets a progressive example for other nations to follow.
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Nov 28, 2023
This incident highlights the importance of establishing clear guidelines and procedures to balance an employee’s personal activities and professional responsibilities.
In the age of remote work and constant connectivity, team members often find themselves juggling personal and work-related tasks. Employers need to recognise this reality and adapt their policies to accommodate the evolving nature of the workplace. The lawyer’s case underscores the need for a nuanced approach that considers the challenges of the modern work environment.
The lawyer’s situation included concerns about both performance and unauthorised remote work. Employers must proactively address performance issues and set expectations for remote work to avoid misunderstandings. Regular performance evaluations, open communication, and clearly defined remote work policies can help mitigate such issues.
The lawyer’s seven-hour personal internet browsing over four days raised questions about the acceptable boundaries of personal activities during work hours. While employers have a legitimate interest in maintaining productivity, it is crucial to establish realistic expectations and communicate them clearly to team members. Striking a balance between personal freedom and professional responsibilities is key to fostering a healthy work environment.
The Fair Work Commission’s ruling emphasised the procedural deficiencies in the lawyer’s termination. Employers should ensure that any disciplinary actions, including terminations, follow a fair and transparent process. This includes notifying team members of specific concerns, providing them with an opportunity to respond, and considering the overall context of their performance.
Clearly communicate expectations regarding personal internet usage during work hours. Establish guidelines that distinguish acceptable from unacceptable behaviour.
Conduct regular performance reviews to address concerns promptly and provide constructive feedback. This allows team members to understand expectations and improve their performance.
Clearly define remote work policies, outlining when and how team members can work remotely. Address concerns about unauthorised remote work through open communication and collaboration.
Follow a fair and transparent disciplinary process when faced with performance issues. Notify team members of specific concerns, allow them to respond, and consider the overall context of their performance.
Provide training to team members on acceptable internet usage and the company’s policies. Foster awareness of the impact personal activities can have on overall productivity.
As the digital landscape continues to shape how we work, employers must adapt their policies and procedures to address the challenges posed by personal and work internet browsing crossover. Striking a balance between personal freedom and professional responsibilities and fair and transparent processes is essential for maintaining a productive and harmonious workplace. By navigating these boundaries thoughtfully, employers can foster a positive work environment that encourages accountability and employee well-being.
Our team can help you create and manage your own policies and procedures. Call us on 1800 868 254 or set up a meeting to discuss how we can help you.
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Nov 13, 2023
The rules, or limitations, that are coming into effect focus on how long a fixed term contract can be, renewing a fixed term contract and how many times it can be renewed, and employing a person on consecutive contracts.
There are also rules surrounding consecutive contract limitations that reinforce the new rules. An employer cannot employ someone on a fixed term contract if the new contract is for the same work as a previous one. A substantial break in the employment relationship must exist before signing a new fixed term contract.
The new time limitation rules also apply to consecutive contracts; the employer cannot employ someone if the total period of employment for the previous and new fixed term contracts is more than two years or if the new fixed term contract can be extended or renewed.
The changes also include the legal requirement for employers to provide team members with a Fixed Term Contract Information Statement (FTCIS) if they are engaged on a fixed term contract.
The new limitations make keeping team members on ongoing fixed term contracts harder. Fixed term contracts are not a replacement for part-time or full-time employment contracts.
As with most employment updates, there are exceptions to all of these rules. Exceptions include specialised skills, training arrangements, essential work, emergency circumstances or temporary absences, high income team members, government funded contracts, governance positions and if there are any award provisions for fixed term contracts.
You can visit the Fair Work Ombudsman for more information. They also have a breakdown of the changes with examples.
If you need help creating new employment contracts, please contact our HR experts on 1800 868 254 or email us at info@totalhrm.com.au.
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Oct 31, 2023
The goal of these changes is to help create safe, respectful, and inclusive workplaces for all. There is now a legal obligation placed on organisations and businesses to take proactive and preventative steps to stop unlawful conduct from occurring in the workplace or in connection to work.
From December 2023, the Australian Human Rights Commission (AHRC) will have new powers to investigate and enforce the positive duty.
Respect@Work outlines the wide range of different behaviours that are considered to be sexual harassment, including:
They also have a Resource for Small Businesses on the Positive Duty to help small businesses to satisfy their obligations to prevent sexual harassment in the workplace.
If you feel unsafe now, please call 000. For a full list of support services, visit AHRC Support Services.
If you are in NSW and need support, you can call Domestic Violence Line Department of Community Services: 1800 656 463 (24 hours)
In Victoria you can contact Sexual Assault Crisis Line Crisis Line: 1800 806 292 (free call).
If you need to implement workplace policy to ensure you are complying with legislation, or if you have a workplace related question, please contact our team of HR experts on 1800 868 254. Total HRM can help you create or adapt your existing policies.
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Jun 27, 2023
Paid parental leave will be combined with the current Dad and Partner Pay entitlement, taking the combined total for partnered couples to 20 weeks paid parental leave between them. Parents who are single at the time of their claim can access the full 20 weeks.
The changes will affect parents whose babies are born or adopted from July 2023. The Labor government aims to progressively increase it to 26 weeks by 2026.
Other changes include:
Employers should review their parental leave policies and practices to ensure compliance with these changes by 1 July 2023. If you would like advice or assistance to update your policies, please get in touch with our team, and we will be more than happy to help you ensure you are ready to go from 1 July.
The national minimum wage will increase from $21.38 per hour to $23.23 per hour for our lowest-paid employees. The minimum rate for awards will increase by 5.75%.
You must be paying the new rate as of 1 July 2023. Our team is here to help you with any questions or concerns about the new national minimum wage and the award rate increase.
If you are covered by a registered agreement, your pay rate might also increase, as the base pay rate in a registered agreement cannot be less than the base pay rate in the relevant award.
These changes will take effect from your first full pay cycle after 1 July 2023, meaning if your pay period starts on Monday, the changes will take effect on Monday, 3 July 2023.
Also increasing on 1 July is the Superannuation Guarantee rate from 10.5% to 11%. Speak with your accountants to ensure your contributions are following the latest legislation.
As always, our team is here to help you. You can book a call with an expert or call us directly on 1800 868 254. If you need help reviewing your HR Documentation or creating new policies, please reach out to us and we’ll be happy to assist.
You can find out more about paid parental leave entitlements here:
https://www.fairwork.gov.au/newsroom/news/changes-to-the-paid-parental-leave-scheme
https://www.servicesaustralia.gov.au/changes-if-you-get-family-payments?context=64479
For more information about the National Minimum Wage, visit:
All Superannuation information can be found here or talk to your accountant:
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May 30, 2023
This round of changes will impact flexible working arrangements, fixed-term contracts, changes to agreement making, and more powers to the Fair Work Commission. The objectives of the Secure Jobs, Better Pay Act changes “are to promote job security, gender equality and collective bargaining, including through greater intervention by the Fair Work Commission (FWC).” (FWC 2022)
There will be an increase in who can access flexible working arrangements and stricter conditions as to what employers can deem reasonable grounds.
Employers must respond reasonably to flexible work arrangement requests from team members who are:
There will be an increased obligation on the “employer to consult, provide reasons for a refusal, and to discuss any flexible work arrangements the employer is willing to make.”
The response must be in writing within 21 days of the request, either agreeing, providing an alternative amendment, or refusing with reasons. Requests can only be refused after discussions between parties where they have tried to reach an agreement. Only for certain reasons can it be denied, such as the cost would be too high or the changes would be impractical.
The National Employment Standards provide guidance for requests for flexible work arrangements and unpaid parental leave. The FWC will receive new powers to deal with disputes in the amendment.
In an attempt to combat job instability, the government is trying to prevent the ongoing use of fixed-term contracts by introducing a cap of no more than two years (including renewals) or two consecutive contracts (whichever is shorter). As with flexible work arrangements, the FWC will have the power to deal with disputes.
There are exceptions for fixed-term contracts, including engaging an employee with a specialised skillset to complete a specific task and apprentices or trainees. It also allows for essential workers during peak periods (including seasonal workers), emergency situations, covering a permanent employee who is on leave, and if an employee is earning more than the high-income threshold. The FWC will develop a Fixed-term contract information sheet to be provided to employees.
Zombie agreements are those agreements that were made before the FW Act came into effect on 1 January 2010. Most zombie agreements no longer operate, but those still in use will be automatically terminated on 7 December 2023 unless you apply for an application to the FWC. Employers must notify anyone working under a zombie agreement about the changes before 7 June 2023. The notice must be in writing. If you need clarification, the FWC has made a list. You can find the list here.
More changes include the Abolition of the Registered Organisations Commission (ROC), with its functions moving to the Fair Work Commission, the creation of 2 expert panels at the Fair Work Commission to focus on pay equity and the care and community sector and increased access to multi-employer bargaining through single-interest bargaining, supported bargaining, cooperative bargaining.
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May 23, 2023
You will now need to apply for a licence before employing people under 15 as part of the changes to the Victoria Child Employment Act; previously, you had to have a permit for each individual child working. The changes are designed to “strengthen protections for children in the workplace and make it simpler for employers to understand their obligations.”
Licences will be free, and applications can be made from 1 July on the Victorian Government website.
An employer must have a licence before they employ someone under 15. With the new licences coming into effect on 1 July, prior child work permits will continue to be upheld, so you won’t need to apply for a licence for a child you already employ and have a permit for.
Victorian Child Employment Laws:
There are no minimum ages for working in a family business or the entertainment and advertising industry.
For any other work, a child must be at least:
There are restrictions on how many hours a child can work:
There are exemptions, and you can apply for variations if these don’t align with your business.
The major exemption is for family businesses. Parents or guardians don’t need a child employment permit to employ their child in a family business.
They are also exempt from age restrictions, hours of work and rest breaks. However, a parent or guardian must directly supervise their child. If another person is the child’s supervisor, these exemptions do not apply.
The changes to Victoria Child Employment Act are be enforced by The Wage Inspectorate, who will receive increased powers on 1 July. Child safe standards must be complied with to ensure each child’s safety in the day-to-day operations of any organisation, helping to keep children safe from physical, sexual, emotional and psychological abuse and neglect. The Wage Inspectorate can issue compliance notices as a way of achieving compliance with the Act and infringement notices where a breach has been detected. Fines for non-compliance can range from $1000 to $10,000 per incident.
NSW Child Employment laws:
There is no minimum age in NSW, but there are restrictions on the number of hours a child can work on a school day. You have to contact the Fair Work Ombudsman or SafeWork NSW to find your relevant terms and conditions. You should contact NSW Education if you intend to work during school terms. (Source: NSW Industrial Relations)
If you need any HR advice, please call our team on 1800 868 254 or you can email us at info@totalhrm.com.au. Alternatively, book a call with our experts.
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Amelie is our Marketing Lead and currently studying for a B.A. in Business and Visual Arts. She brings her visual arts skills and eye for colour and detail to our graphics and design for the business.
Amelie uses her skills as a digital native in our Marketing team and works across our social media channels. Amelie provides administrative support and assists the recruitment team in finding great candidates.
Sarah joins the team at Total HRM following her time in a regional real estate company, most recently in HR. She brings a solid understanding of the unique dynamics and challenges within small and medium-sized businesses.
Prior to real estate, Sarah worked in the airline industry, providing her with excellent skills in customer service and how to remain calm in a crisis.
Known for her positive energy, Sarah approaches her role with enthusiasm and a genuine desire to support and uplift those she works with. With her experience in HR and recruitment, Sarah is committed to fostering a culture of inclusivity, professional growth, and employee well-being. Her ability to connect with people and create a positive work atmosphere contributes to the overall success of teams and the business as a whole.
Ashly is one of our most experienced HR Business Partners with over 20 years of experience in manufacturing and hospitality, both local and overseas, ranging from large multinational companies to small family-owned operations. Throughout his career, Ashly regularly led teams with over 30 employees while continually growing the business and aligning business strategies with employee capabilities.
Ashly has qualifications in Applied Management and Human Resources and a strong leadership and people management background. Ashly combines his experience with his qualifications to develop great workplace cultures while delivering practical support.
As our Business Services Manager, David keeps everything that is Total HRM ticking along – from overseeing administration and finance functions, liaising with clients and suppliers, to IT troubleshooting and keeping everyone on track to deliver effective customer service to all our clients.
In a business landscape of ‘information overload’, Kim’s pragmatic approach simplifies the ever-changing HR trends and legislation to obtain meaningful and maximum benefits for her clients.
Kim is well known for her ability to understand the ‘real’ issues within businesses and to provide solutions for sustained business growth.
Kim has over 20 years of experience in human resources and 15 years of business consulting experience, and she holds post-graduate Business and Human Resource qualifications.
She has vast and varied experience in senior consulting roles across varying disciplines and HR management positions within retail, manufacturing and professional service sectors.
Linda is the Managing Director of Total HRM and has worked for over twenty five years in business and consulting, including executive and senior management roles. She has worked here and overseas in numerous industries, including mining, energy and government. Her experience in areas such as production, strategic planning, finance, OHS/WHS, and lecturing in Human Resources Management at La Trobe University provides her with a unique blend of business and HR capability.
Linda has led comprehensive organisational restructures and implemented programs to improve the effectiveness of businesses with clear alignment between individuals’ contributions and organisational outcomes. She works with various local boards and executive teams in the region. She is a Certified Professional Member of the Australian Human Resources Institute.