Inspire Success

The code of conduct includes detail on compliance with laws and regulations (such as harassment and discrimination on the workplace), conflicts of interest, confidentiality and security matters, fairness and equity, contact with the public and media, values of the business and guidelines on general behaviour.

The benefits of a code of conduct include:-

• Creating an agreed way of behaving and operating for the entire company;
• Improved company performance when linked to the company’s business and strategic objectives;
• Good company culture – employees know what is expected of them in terms of behaviour;
• Good communication with employees having a framework to look up when faced with difficult decisions;
• Having a set of values – having a sense of what the company values are and what the company stands for.

It also can enable your company to stand out from similar companies and show what your company values and believes in. The code of conduct applies to all employees, permanent and casual, and contractors. When someone joins your company they should review and understand and sign off on the code of conduct and therefore agree to comply with your guidelines.

If you have decided to implement a code of conduct in your company you will need to communicate the guidelines to all your team and provide them with training so they understand the expectations. The code should be practised and promoted by management to lead the way for your employees. Once set up the code of conduct should be part of the induction process and discussed with all new employees on joining. The code of conduct is part of your employee handbook and also very useful to keep on the company intranet so employees can access it any time they need to.

It is important to keep your code up to date and therefore it should be reviewed regularly (usually once or twice a year), adding any new policies that have been introduced to the company. Also if your company has grown or changed since the last review you may need to add a section e.g. selling products online, social media – you made need to add detail on acceptable behaviour around new changes.

Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Inspire Success for further information raephillips@inspire-success.com

Last year, a Telstra employee made a successful workers' compensation claim against Telstra because she fell twice while working from home and claimed her injuries occurred in the course of her employment. Telstra were found liable to pay her workers compensation.

As a result of this and other similar cases, many employers have had concerns about allowing their employees work from home.  Working from home arrangements don’t have to be to be feared but the risks do need to be managed carefully.

Under NSW OH&S laws, the employer is expected to maintain a working environment, equipment and systems of work that are ‘safe and without risks to health’. That includes your employees working at home. The employees working from home should have the equipment they need just as if they were in the office – a chair, desk, computer, adequate lighting, clear access to exits, a first aid kit and knowledge of safe working procedures.

What do your responsibilities include?
• provide or maintain a working environment that is a safe and without risks to health
• provide or maintain equipment and systems of work that are safe and without risks to health
• provide the information, instruction, training and supervision necessary to ensure the health and safety at work of workers
• make arrangements for ensuring the safe use, handling, storage and transport of equipment and substances.

It is important to put in writing agreed procedures regarding working arrangements particularly regarding hours of work and access (eg. to check that the workplace is safe and that safe systems of work are in place, or to review systems and procedures following an accident).

A workplace assessment / risk assessment of the home environment is another step in identifying health and safety hazards, and deal with them. The person doing the assessment should focus on the part of the home which is used as a workplace - or you can give employees a checklist for self-audit rather than send someone in to tick the boxes.

This checklist – which confirms there is an appropriate desk, chair and lamp, for example, and that electrical cords have been tagged and tested – must be completed and handed back. The idea is that employees who want to work from home would need to complete a self-assessment form and sign up a document that frees you, the employer, from liability in the event of an OH&S issue.

Under NSW OH&S laws the following are some steps to follow when an employee requests working from home:-

1. Establish whether the duties are suitable for work from home – if special equipment needs to be used or work procedures followed that are not appropriate for home then the job may not be suitable for being done at home;
2. Establish what equipment will be necessary for the employee to safely work from home – ensure employee’s desk, chair and computer are suitable. Check if any other equipment is needed by the employee. NSW Regulations require that all places of work have a first aid kit. A basic (type C) kit is sufficient for most home-based work situations;
3. Establish that the home working environment is healthy and safe – ensure there is sufficient lighting, exits are clear, there is a smoke detector, sufficient power points (ensure power points are not overloaded) and if an earth leakage protect device is required;
4. Establish that the employee who will be working from home has the information and training necessary to do the work safely – ensure they have been trained on safe working procedures to prevent the occurrence of injuries;
5. Establish agreed hours of work and communication procedures -Establish the days and hours on which work from home can be done and agree on procedures for recording work hours, including actual starting and finishing times (this is important for workers compensation purposes). It is also useful to establish the way in which performance will be monitored and assessed and to establish communication procedures to ensure that appropriate information is passed between the person working from home and his or her co-workers and management;
6. Revise your workplace rehabilitation program – you may want to include a commitment to provision of suitable duties at the main workplace when this is necessary as a rehabilitation strategy, and to clarify arrangements for monitoring work from home rehabilitation programs.

It is important to monitor your employees working from home arrangements – things change, standards may drop so ensure there is open communication with these employees and a clear procedure where the employee reports any health and safety concerns or any incidents to you.

The Fair Work and Anti-Discrimination legislation allows employees to request flexible working arrangements in certain situations, so as an employer you need to have reasonable business grounds to refuse a request. If you do refuse a request inform your employee of the reasons and document these, keeping all records around this.

At Inspire Success, all our people work from home and we  use a home based work agreement to outline who is responsible for what and get the expectations clear from the start.

Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Rae Phillips at Inspire Success for further information raephillips@inspire-success.com

 

For the next few months we will discuss a different safety topic for IT within your company. This month we look at the office desktop and the security issues to be mindful of.

We all know that IT security is extremely important, it is essential to protect your business from a data breach. Here are our TOP 12 tips to help keep your confidential information secure on office desktops.

1. Every employee should have their own profile set up and all logins should be protected with strong passwords which need to be changed every 4-6 weeks;
2. Every time employees leave their desk, they should log off. Screen savers should also be set to log users off after a few minutes of inactivity;
3. Login details and passwords should not be written on pieces of paper and never written on a post it and stuck to computer screens;
4. Educate staff about your IT security, keep up to date with what scams are happening currently in the computer world and let staff know what to be careful of and monitor this;
5. All information on a business network should be saved to a central location to reduce risk;
6. Have a good privacy policy and make protecting sensitive data a part of the company culture;
7. Use a good firewall and a secure wireless connection;
8. Keep anti-virus and anti-spy ware software up to date. Most small businesses have anti-virus and anti-spy ware software in place, but forget or neglect to make sure they have the latest versions or the latest updates, which can open the business up to all sorts of data security breaches;
9. Keeping computers up-to-date individually is time consuming and can create inconsistencies in the business. Having a network server centralising the rollout of software patches and updates makes managing a network far easier;
10. Make sure you and your employees only download applications that come from reliable sources. Because applications (e.g., games, mobile apps) may contain viruses, spy ware etc, it's important to know and trust the source of an application before downloading it;
11. If you outsource any critical functions or store information offsite, ensure you vet third-party security practices such as cloud providers or ISPs. You are still responsible for that data and should ensure the third party is secure.;
12. Have very specific policy developed around this area of your business. Set standards with new employees, check often and ensure that you follow your policy to the T.

Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Rae Phillips at Inspire Success for further information raephillips@inspire-success.com

The harmonisation of OHS laws across Australia is in process and is being introduced in order to standardise the state/territory based system we have in place at present. The Commonwealth and each state and territory government have agreed to harmonise their work health and safety laws, including Regulations and Codes of Practice, so that they are similar in each jurisdiction.

As you may have heard, the implementation of the new WHS Act is not going smoothly with some regions deciding to implement the new laws at different times rather than the date of 01/01/12 as had been planned for. This will make life difficult for some Australian businesses, in particular those who cross state borders who will be faced with complying with current OHS legislation and then the new legislation.

Update on status of WHS Act in States
ACT - Model law passed and expected to commence 1/1/12
NSW - Model law passed and expected to commence 1/1/12
VIC - No law before the parliament. VIC Government has confirmed that it will defer to 1/1/13
Tasmania – Have introduced model legislation to Parliament but date of commencement not confirmed
SA – WHS will be delayed
NT – Model law passed and expected to commence 1/1/2012
QLD – Model law passed and expected to commence 1/1/2012
WA -  WHS will be delayed

NSW has confirmed a 1 January 2012 commencement date for the WHS Act, and has approved $550,000 in training grants to get businesses up to speed with the new legislation. Queensland will continue with the 1 January 2012 commencement and has enacted 11 of the new Codes of Practice while amending 24 of its existing State codes. Commonwealth parliament passed the Work Health and Safety Bill 2011, which will cover employers under the Comcare scheme. The Commonwealth legislation will come into effect on 1 January 2012.

While harmonisation is delayed in some states it will happen and will affect your business. However, some businesses can delay the new laws by twelve months. Federal Workplace Relations, Minister Chris Evans, announced in November 2011 that Safe Work Australia has arrangements to help businesses move to the new system from January 1. "The transitional arrangements will apply to the model occupational health and safety regulations and provide delayed commencement of up to 12 months or more where the new laws result in a new or significantly different set of duties," Senator Evans said.

For more information on WHS legislation http://www.safeworkaustralia.gov.au/Pages/default.aspx  Contact Inspire Success if you would like to discuss how this affects your business.

You need proof you did it!

With the introduction of the Fair Work Act 2009, from 1 January 2010 it became mandatory for an employer to provide an employee with a copy of the Fair Work Information Statement. The statement needs to be provided to the employee before employment or as soon as practicable after commencement of employment. Provision of the Fair Work Information Statement is one the 10 National Employment Standards (NES), which are outlined in the Fair Work Information Statement. Additional information in this document includes modern awards, agreement making, individual flexibility arrangements, freedom of association and workplace rights, termination of employment, right of entry, and the Fair Work Ombudsman and Fair Work Australia.

In recent audits conducted by the Fair Work Ombudsman, businesses have been asked to provide proof that an employee has received a copy of the Fair Work Information Statement from their employer. Additionally, as provision of the Fair Work Information Statement is one of the NES, employees are able to make a claim against their employer for a breach of the NES if they have not received the Fair Work Information Statement.

Keep this in mind when you are inducting your new employees. It may also be worthwhile reviewing your standard induction processes to ensure you have a system in place to record the provision of the Fair Work Information Statement to your employees when they join your business. Here is an induction checklist we prepared earlier!

Contact Inspire Success on 1300 620 100 or terri@inspire-success.com if you would like to discuss how this affects your business.

Significant dates for new employees:-
Now you have completed your interview process and selected your new employee it is important to manage some critical dates. These include induction, probation and confirmation of the new employee. A very important step is to set a probation period for the new employee and for that length of time and the process to be clear to them. 

Length of probation period:- 
The length of the probation period and the terms around it should be set out in the terms and conditions of your employment and then be managed carefully.  A ‘probation period’ is usually a three month period (based on calendar months) from the date of commencement of employment where you assess the suitability of the employee for the role and the employee has the opportunity to settle in and to determine if the role meets their needs. A key thing to remember is the probationary period must be set in advance and must be reasonable. Three months can be suitable for some roles but for a more senior role you could have a probationary period of six months (as long as there are reasonable grounds for this). For a ‘small business’, i.e. less than 15 employees by head count and including associated entities (see s.383 of the Fair Work Act), the period can be increased to twelve months.  

Why have a probation period:-                                                                            
The probation period is a time when you can validate your selection and ensure there is a good fit between the new employee and the job. It is a time when there should be communication between you and the new employee and some assistance given to them to settle in.  In essence, an employee on probation has been appointed but not yet confirmed in a permanent role. The purpose of a probationary period is to provide:

• Time for induction / onboarding and training
  
• An opportunity to assess the employee and their ability to perform in the job
  
• Time to assess fit into your business
  

Regular feedback to the new employee is important and should be provided throughout the probationary period.

What are the benefits of a well managed probation period:-

• allows the new employee settle into the workplace
  
• provides a focus for you and the new employee on what knowledge and skills are required to be developed during probation for them to succeed in the job
  
• provides some structure for the new employee on the key aspects of their job and the key people they will be interacting with
  
• allows you to give and receive feedback on a new employee’s progress during probation.
  

If you are generally happy with the performance of your new employee but continue to have a few concerns at the end of their probationary period, then you can extend the probation via a review on or before the end of it. You will also need to provide information in writing, detailing the period of the extension and the areas which require improvement. Provided you act sensibly, you can let the person go if they are not working out without having to carry out the usual disciplinary procedures once an employee is confirmed.  

Review the new employee’s progress regularly and provide them with feedback so they know how they are progressing – either with praise or with explanations as to where improvement is required.  We think it is a good idea to do a Probation Review at the mid point of the probation period.

Overall, the probationary period is an excellent tool to ensure that the new employee is performing in the way you want and is motivated, committed and happy working with you and your organisation. It allows you to be fair and highlight areas which require improvement, and it provides time and scope for the new employee to improve in those areas. The result should be that at the end of the period, the decision to continue or not is easy and clear for both parties.

Confirmation of appointment:-
As the probationary period nears its conclusion, you need to decide whether you wish to retain the new employee or not. If you do, then confirmation of appointment is the process used to end a probation period and appoint an employee permanently. Ideally, a letter is given to the employee confirming the date their probation period ended and affirming the details / conditions previously agreed upon of their employment. The letter states that the employee's performance has been satisfactory and it confirms the employee's appointment to the job. It is good practice to give your new employees a confirmation letter when they successfully complete their probation but it also provides affirmation to the employee that they are doing well in their role and have peace of mind that their job is now confirmed.

Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Inspire Success for further information - kate@inspire-success.com

In the aftermath of the shocking natural disasters occurring all over Australia, there are 5 important issues employers should consider:

1.   Occupational Health and Safety. Flood conditions bring additional health and safety risks that you may not have factored in to your standard OHS procedures. In an emergency situation, such as a flood, you should consider the following questions:

• Is it safe for your employees to travel as part of their work?
• Can your workplace be accessed safely?
• Are there any other risks the emergency has posed to my workplace? (For example, has flooding damaged electrics or electrical appliances?)

After considering these questions, you must make sure that you don't place your employees in any situation that may pose a risk to their health and safety.

2.   Leave Entitlements. Given the emergency nature of the floods, you may wish to consider granting your employees annual or long service leave.

You may also get requests from employees who want to cash out their annual or long service leave. To find out if you can do this, contact us.

Also, you must remember that under the National Employment Standards (NES), an employee who is a member of a recognised emergency management body can take unpaid leave to engage in an eligible community service activity. The duration of the absence allowed is not specified in the Fair Work Act, but it must be reasonable considering:

• the time the employee is engaged in the activity;
• reasonable travel time associated with the activity; and
• reasonable rest time immediately following the activity.

3.   Employees working from home. If you have employees who are conducting their work from home as a result of the floods, you must remember that you are still responsible for their health and safety. You should also consider things such as insurance, confidentiality and the reimbursement of costs (for electricity etc.). If you don't yet have a working from home policy in place, then you should consider implementing one.

4.   Employee counselling. Many employees may be psychologically affected by the impact of the floods. As a result, you might like to consider offering your employees access to an Employee Assistance Program (EAP). If you don't have such a program in place already, visit www.eapaa.org.au to find out where your closest providers operate.

5. Standing down employees. Businesses that can't operate as a result of the floods may have a right to stand down employees without pay. For example, if you are forced to temporarily close your business (due to safety reasons, power outages or because access to your premises has been cut off), you may be able to stand down your employees without pay.

Even if your industrial instrument or contracts of employment do not contain stand down provisions, you may rely on the stand down provisions in the Fair Work Act (sec. 524) if you are a national system employer.

This section of the FW Act provides that an employer can stand down employees without pay if they can prove that the workplace was closed for something they could not reasonably be held responsible for. Closing a workplace because it is flooded or because there is no access to it would be considered something an employer could not reasonably be held responsible for.

If you conduct a stand down in accordance with all the terms under the Fair Work Act, then you do not have to pay wages to your employees for the duration of the stand down. 

However, if your business is operating, but some of your employees are unable to attend work (i.e. because of road closures etc.), then the right to stand down your employees is not available. 



Remember, the fact that you have been financially disadvantaged as a result of the floods does not relieve you of your duty to pay wages to employees - you either need to pay employees or stand them down. There is no option not to pay wages because you cannot afford to do so.

Inspire Success is providing obligation free staffing support to any businesses affected by floods.

If your business has been affected by floods and need some advice or are wondering what your employer obligations are in this situation, please contact Inspire Success on 1300 620 100.

Given that a new year has just begun, what better time is there to make some business resolutions?

Here's a good one to start you off - a new year the perfect time for you to review your workplace practices and make sure they're legally correct and up-to-date.

Here are some aspects of your business practices you must review at the beginning of each year:

1. Your Workplace Policies.
Remember, having clear and legally correct workplace policies (such as workplace bullying policies, drug and alcohol policies and e-mail and internet usage policies) can help you guide the behaviour of your employees and help you avoid being held liable under various types of legislation. It is essential that you review and update your policies on a regular basis.

2. Your Awards, Agreements and Employment Contracts.
Are you sure that all of your employment agreements and contracts are 100% up-to-date? Remember, amendments may still need to be made as a result of the new Fair Work Act. To avoid liability, it is imperative that your awards, agreements and employment contracts are legally correct.

Need a hand with updating your policies, contracts and agreements? Click here for more information.

3. Your OHS Procedures.
Make it a priority to review all your OH&S procedures at the beginning of each year and check they are running smoothly. You could even consider conducting a few drill tests to make sure your employees are completely clear about what to do in an emergency situation.

Need help ensuring your business's OHS practices are up-to-date? Click here for more information.

Please call Inspire Success on 02 4356 1767 if you need some more information.

Did you know that the first 4 weeks of employment are when our new starters are deciding whether they are staying or not? This is the time to make sure we set them up for success and make the most of the money we have already spent on recruitment.

If you include at least these 3 steps to your induction, we believe you are on your way to building a positive employment relationship with your new starter and will have a much better level of engagement (read higher productivity, less conflict, less complaints, easier work for you!):

1. Deliver on what you promised
2. Set the standards up front
3. Follow up at regular intervals

Setting employees up for success in a new role requires planning and action. There are times that things won’t go according to the plan, but the system should be flexible enough to allow for this, and help it get back on track.

1. Deliver on what you promised.
Your recruitment systems should help here – what did you agree to in the interview? The letter of offer needs to be clear on what the job role is, what the pay is, when they start and how it will be reviewed.
Try to have this set up before the new starter arrives – it shows organisation in the business if their tools and workspace are ready, there is a name-badge and PPE, a handbook ready and an email address all sorted.
If you can, send the letter of engagement, personal details form, super and tax forms out in advance (we call this the starter pack). If this is completed at home and sent back in, you can set them up in payroll in advance and ensure there are no issues in getting that first pay. And if you pay monthly and they just miss the pay run – show them some flexibility by organising an end of month manual pay so they don’t have to wait 6 weeks!
TOP TIP: Have a checklist that you use to prepare for new starters, but that doubles as their checklist during Induction.

2. Set the standards up front.
You should have a standard checklist that is used by you or your key personnel so that you know every new employee gets exactly the same information. This checklist should include information on the company history and your service expectations, the focus of the division or department (this helps them understand how their position fits into the big picture) and very specific details like hours of work, where to park, uniforms, safety, timesheets, calling in sick etc.
Make certain that the checklist has a link to the position description so that the key personnel can work through the PD, letting the new starter know exactly what is expected of them and how their performance will be evaluated. Maintaining high standards during the Onboarding period will ensure that they continue.
By involving team members in establishing high standards of performance, you will build their pride and self-confidence. It has been shown time and again that setting high standards at the start improves staff retention and customer feedback.
TOP TIP: Your position description should be general enough that the employees understand the scope of their work, but specific enough that you can explain the standards (quality, quantity and time) you expect.

3. Follow up at regular intervals.
Specify on your checklist that there will be a weekly catch up, with a 6 weekly performance review mid probation. These catch ups should be casual, but structured, using the checklists as a guide.
Ask lots of questions, go over the information they have learned, ‘test’ that they have understood it and check to see where there are still gaps. During this time you should be listening for underlying problems with what the employees expected and what they are experiencing.
The 6 weekly probation review is a formal opportunity to provide feedback on their take-up of the new role, where they are going well and where there are performance issues. Document this discussion using a review form that you can go back to if necessary.
TOP TIP: These follow ups will work best if they are two way discussions. Ask the employee how things are going, listen to their response and then give your feedback. Resist the urge to jump in first.

The First Fair Work Australia Wage Case

This decision concerns the first Annual Wage Review under the Fair Work Act 2009 (Fair Work Act). A large number of interested organisations and bodies participated in the review. 

For the entire decision - please click on this link. 

The Increase!

An increase of $26 applies to all modern award minimum weekly wages.

The national minimum wage in the national minimum wage order will be $569.90 per week or $15 per hour. The hourly rate has been calculated on the basis of a 38 hour week for a full-time employee, consistent with s.62 of the Fair Work Act.  

 

 

 

For more details on the decision - follow this link. 

Implementation

This pay increase is effective 01 July 2010. The effect will be that where the phasing provisions are included in an award the pre-modern award conditions relating to minimum wages, casual and part-time loadings, Saturday, Sunday, public holiday, evening and other penalties and shift allowances will apply until 1 July 2010 when the modern award obligations will commence. There will be a further four instalments on 1 July of each year concluding on 1 July 2014.  

For more information on transition arrangements - follow this link.