Compliance Alert: Changes to shutdown or “close-down” clauses in awards As part of the Commission’s 4-yearly review of modern awards, the Fair Work Commission (FWC) has varied 78 modern awards by replacing existing shutdown clauses with a new model term. Shutdown clauses relate to an employer’s ability to direct employees to take a period of annual leave where the employer shuts down all or part of its enterprise, for example over school holidays or the Christmas period. Effective 1 May 2023, impacted employers will need to change the way they implement temporary workplace shutdowns. Some of the 78 modern awards impacted include: Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 Ambulance and Patient Transport Industry Award 2020 Animal Care and Veterinary Services Award 2020 Banking, Finance and Insurance Award 2020 Building and Construction General On-site Award 2020 Cleaning Services Award 2020 Clerks—Private Sector Award 2020 Educational Services (Post-Secondary Education) Award 2020 Fitness Industry Award 2020 Health Professionals and Support Services Award 2020 Higher Education Industry—General Staff—Award 2020 Legal Services Award 2020 Local Government Industry Award 2020 Nurses Award 2020 Pharmaceutical Industry Award 2020 Professional Employees Award 2020 Security Services Industry Award 2020 The new model term varies and updates existing shutdown clauses in a number of ways. In summary, from 1 May 2023: Employers must now provide at least 28 days’ written notice of any temporary shutdown period. The written notice could be a shorter period as agreed between the parties, or a longer period if the term preserves an existing longer notice period. Employers may direct employees in writing to take a period of paid annual leave if the employee has an accrued annual leave entitlement, providing the direction is reasonable. Employees can no longer be directed to take leave without pay if they do not have sufficient annual leave or leave in advance to cover the whole period of the shutdown. O nce an employee’s paid annual leave has been exhausted, by written agreement the employee may take unpaid leave or annual leave in advance during the temporary shutdown. It is important for employers to keep up to date with changes to Australian workplace laws and regulations, including any changes to the awards that apply to their employees. Employers must ensure they are meeting their obligations under these instruments. In particular, employers are required to provide notice and consultation to affected employees before implementing temporary workplace shutdowns. The specific requirements, which depend on the size of the practice and the number of employees affected, must also be included in the employment contract. For more information or assistance, please contact us today.

What is SCHADS? The Social, Community, HomeCare and Disability Services Industry Award 2010 (MA000100) (SCHADS Award) details the rates of pay for each level and each pay point for employees working in the social and community services sector. Consisting of over 100 pages of terms and conditions, the SCHADS Award is one of Australia’s most complex modern awards to decipher and implement correctly. Why is SCHADS training important? As a disability and community care provider, it is important to keep track of your employer obligations under the SCHADS Award, to ensure that you are paying staff at least the minimum entitlements and mitigating the risk of a breach. The penalties for underpaying staff have never been higher, even if the infringement is an honest mistake. Making payroll mistakes   exposes you to the risk of costly back payments and penalties general protections breaches serious criminal charges for intentional underpayment Read some recent cautionary tales > About the SCHADS: Know Your Award training program SCHADS Know Your Award , delivered by WorkPlacePLUS, is a highly interactive half-day training session designed to help you navigate the complexities of the SCHADS Award and get your payroll compliance right. Deep dive into the SCHADS Award, including interpreting and applying the latest amendments and troubleshooting common SCHADS hotspots.  This program is facilitated in a live, interactive online session, Class sizes are kept small to ensure participants can ask questions and truly understand the content. Suitable for anyone   who works with the SCHADS Award, including but not limited to payroll, rostering, HR, finance, operational and management roles in the healthcare, disability, aged care, not-for-profit, private practice and public sectors. Why choose SCHADS training delivered by WorkPlacePLUS? SCHADS training delivered by WorkPlacePLUS gives you real confidence to interpret and apply the Social, Community, Home Care and Disability Services Industry Award correctly. Since 2022, WorkPlacePLUS has been delivering comprehensive SCHADS Know Your Award  training programs to organisations Australia-wide. Don’t risk costly back payments, penalties, or compliance breaches! Unlike free webinars that often miss the mark, SCHADS Know Your Award is a highly interactive training session facilitated by senior HR consultants with extensive experience interpreting the SCHADS Award and giving practical workplace relations advice to help you decipher and implement the Award correctly. Our half-day workshop is designed to help you understand all the SCHADS essentials and get your payroll compliance right. Small class sizes to address questions and troubleshoot real SCHADS scenarios Practical tools and strategies to support your payroll and rostering decisions Led by senior HR consultants with extensive hands-on SCHADS experience Tailored to payroll, rostering, HR, finance, operational and management roles Available Dates & Registration * 26 November 2025 - REGISTER HERE  >  2026 Dates Coming Soon * Some dates are tentative based on registration numbers. Also Available: Award & EA Training Programs for Organisations WorkPlacePLUS offers SCHADS Know Your Award and customised enterprise agreement training programs for teams, facilitated onsite or online, scheduled at a time that suits your organisation. For bookings or more information, please contact us today.

What is a workplace mental health policy? A workplace mental health policy is an important tool and control measure for preventing psychological harm in the workplace and supporting recovery. It provides clear rules and guidance on how a business or organisation manages employee mental health and their Psychological Work, Health and Safety (WHS) obligations. What's the purpose of a workplace mental health policy? The 3 main functions of a workplace mental health policy are: To ensure compliance with relevant legislation, e.g., Work Health and Safety laws, privacy laws, the Respect at Work Act 2022 , anti-discrimination laws, etc. To outline your approach to preventing and addressing mental health situations that may be impacted by work related psychosocial risks and hazards. To provide guidance on supporting employee wellbeing and promoting a mentally healthy workplace culture. What should my workplace mental health policy include? When developing a mental health policy for your workplace, it is a good idea to start with a charter that recognises the importance of a mentally healthy workplace. Another key component of your workplace mental health policy is your strategy. This is the main section of your policy that explains your approach to promoting and maintaining a mentally healthy workplace, including guidance and expectations on how to act in a range of scenarios. An important aspect of your strategy is identifying, assessing and controlling psychosocial hazards. Learn more > Making sure your policy is clear, compliant and fit for purpose As with any new or revised workplace policy, it is a good idea to consult with an HR professional who can ensure that your workplace mental health policy is tailored to your workplace culture and complies with current regulations. ➤ Get professional support with your workplace policies and documentation > For more information, plea se contact us tod ay.

SCHADS Award & Payroll Compliance Under Scrutiny by Fair Work Ombudsman (FWO) The FWO is launching a sector-wide compliance inquiry targeting disability support service providers.   The inquiry will assess whether organisations are meeting their obligations under the SCHADS Award, enterprise agreements and other workplace laws.   It’s crucial that disability support service providers check their employment systems, payroll practices and application of industrial instruments to ensure compliance. Key areas under scrutiny include: Misapplication of SCHADS Award (or EBA) classifications and pay rates Non-compliant roster structures and unpaid overtime Inaccurate or incomplete timesheets Gaps in employment contracts, payroll and HR systems and recordkeeping Potential exploitation of of migrant workers   FWO reviews pose a risk to employers.  Non-compliance with industrial obligations can lead to: Legal penalties or enforceable undertakings Back payments and administrative costs Reputational damage Loss of NDIS funding or accreditation   WorkPlacePLUS has extensive SCHADS Award and industry experience and   provides practical, tailored advice to mitigate the risk of non-compliance. Our  Proactive Compliance Check for the Disability Support Sector provides a practical approach to identifying and resolving compliance issues.   Contact us  to customise a Proactive Compliance Check  for your organisation.

Culture counts in your workplace A tense or toxic workplace culture puts your organisation and people at risk and often results in: costly mistakes low productivity high staff turnover complaints and grievances health and safety incidents compliance notices from the Fair Work Ombudsman or your industry regulator Attending to the workplace culture should be an integral part of every organisation’s risk management plan, and the board should be regularly updated on all key risks so that they can fulfil their directors’ responsibilities. Are you soliciting feedback from your employees? Workplace cultural reviews are a great tool for measuring staff engagement and assessing an organisation’s cultural climate. The review process allows senior management and the board to proactively identify and mitigate any potential red flags or highlight any common themes that may need to be addressed. Regular cultural reviews can be the catalyst for constructive workplace change and the advancement of workplace relationships, staff engagement, productivity, safety, and performance. WorkPlacePLUS has a qualified team of consultants with extensive experience facilitating cultural reviews and providing organisations an objective perspective of the team culture. There are several ways to conduct a cultural review. WorkPlacePLUS offers a range of delivery options: Online surveys - A practical way to canvas a large group of employees. The subject matter of the review is tailored to your needs. For example, some clients may want to broadly gauge staff engagement, whereas others may want to solicit feedback on specific matters, such as the introduction of new systems or processes. Stay interviews - Confidential 1:1 discussions designed to understand what motivates your employees to come to work each day, how they are supported in performing their roles, and how you can continue to retain them as valued members of the team. Exit interviews - Confidential 1:1 discussions with a staff member who is exiting the organisation, designed to encourage feedback on their experience working in your organisation and their reasons for leaving. It is also their opportunity to raise any organisational issues which contributed to them making the move. Consultations for workplace change – Employee surveys and interviews can be used to facilitate the consultation process of your change management strategy by soliciting feedback on specific workplace matters or projects. Hybrid formats – We can conduct your review using a combination of online survey and 1:1 interview. Each carefully controlled cultural review delivered by WorkPlacePLUS allows employees to provide crucial feedback in a safe and confidential setting, helping to uncover any trends, hotspots or feedback which may need to be considered. WorkPlacePLUS can then support the board and leadership team to identify and implement opportunities for improvement resulting from the cultural review. Employers can also consider a Psychological Safety Review  - This is a formal, consultative WHS risk management approach to assessing your workplace culture, based on current employment legislation and best practice WHS strategies. For more information, please contact us today.

Considerations when implementing organisational change Mergers and acquisitions, restructuring, redeployment, and redundancy are distinct yet interconnected processes that organisations may undertake to improve operations and adapt to changing circumstances. It’s crucial for employers to understand their options and obligations when looking to implement organisational change, right-sizing or downsizing. Key Considerations: Change Management Strategy  - Mergers, restructuring, redeployment, and redundancy are all forms of organisational change that need to be thoughtfully managed. It is best practice for employers to follow a change management strategy. This helps employers navigate and implement workplace change smoothly and effectively while minimising the impact on employees. Consultation and Alternatives  - Employers have an obligation to consult with affected employees before making decisions related to restructuring, redeployment, redundancy, or M&A activities. This includes providing detailed proposals, allowing reasonable time for consideration, and offering opportunities for employees to provide feedback. Fair Process and Documentation  - During any change , employers must follow proper processes and comply with legislation such as the Fair Work Act. It is important to document all reasoning, decisions, and relevant information related to the organisational change process, share this information with employees, and offer compensation as per applicable awards, agreements, or contracts. Notice Period and Entitlements  - Employers must provide appropriate notice periods as outlined in the National Employment Standards, awards, agreements, and/or workplace policies. Employees are paid their  entitlements up to their last day of employment. Employee Wellbeing - Poorly managed organisational change is recognised as a psychosocial hazard which can harm employee mental health due to uncertainty, stress and loss of trust. Psychosocial hazards expose employers to the risk of psychological WHS complaints and claims. WorkPlacePLUS provides professional change management services. For more information or support , please contact us today.

Important Reminder: Claims of sexual harassment in the workplace require a thorough, independent and fair investigation.   Case Study (FWC Case 2062) :  An employer who rushed an investigation process last year due to the upcoming Easter holiday and an impending organisational change was penalised and criticised by the Fair Work Commission (FWC) for “cutting corners”.   The employee was dismissed in March 2024 following complaints by two other employees regarding inappropriate comments including sexually suggestive remarks and offensive language. The FWC found that the incidents constituted sexual harassment, regardless of the employee's claim that he was merely joking.   Despite confirming the misconduct, the FWC ruled the dismissal unfair because the investigation lacked procedural fairness. Key issues identified included: no efforts to contact a potential independent witness superficial questioning poor interview formats (e.g. telephone interviews for serious allegations) inadequate time taken for the entire investigation and dismissal process the investigator sending a draft to the employer before finalisation the investigation not being genuinely independent   Outcome: The FWC found that the employee’s dismissal for sexual harassment was procedurally unfair due to a rushed and flawed investigation process, despite there being a valid reason for termination. The employee guilty of sexual harassment was awarded financial compensation.   Key Consideration for Employers : Procedural fairness is essential in workplace investigations. Even where misconduct is proven, dismissals may be ruled unfair if the workplace investigation is not thorough and impartial.   How WorkPlacePLUS can help: WorkPlacePLUS has a team of qualified workplace investigators with extensive experience investigating workplace conflict, complaints and serious allegations. We ensure that fair process and best practice standards are followed with the utmost sensitivity and professionalism for all involved.   For more information or to book an independent workplace investigation, please contact us today.

In all organisations, workplace relationships are critical for the delivery of strategic plans and goals. Unfortunately, when tensions arise, whether between co-workers, teams, or leadership, this can quickly escalate into workplace conflict.   Unresolved conflict not only damages morale and team cohesion, it can also lead to burnout, resignations, and breaches of workplace safety and discrimination laws.   💡 Mediation and facilitated discussions are powerful, proactive tools that can de-escalate conflict, repair damaged working relationships, and prevent costly legal disputes.   Workplace mediation and facilitated discussions   are structured, confidential conversations that offer a safe space for employees to explore the root causes of workplace tension, engage in open dialogue, and work collaboratively toward resolution.   The benefits of mediation and facilitated discussions in the workplace include:   ➤  Risk Mitigation & Legal Compliance : In Australia, mediation and facilitated discussions are recognised and encouraged by the courts as effective means of resolving workplace disputes. Early intervention helps employers meet their positive duty obligations under Respect At Work  and WHS laws.   ➤  Cost Savings : Mediation and facilitated discussions can be cost-effective alternatives to formal legal proceedings. And by addressing signs of workplace conflict early , mediation and facilitated discussion can help minimise disruptions.   ➤  Improved Workplace Culture : Mediation and facilitated discussions   help bridge communication gaps by encouraging open dialogue, active listening, trust and problem solving - vital for team cohesion and retention in high-pressure sectors.   ➤  Employee Empowerment : Mediation and facilitated discussions give employees a voice in the resolution process. Participation is completely voluntary, with the mediator or facilitator acting as a neutral third party who supports the employees to reach an agreement.   ➤  Confidential and Efficient : Mediation and facilitated discussions   are private, structured, and adaptable to each unique workplace, saving time and protecting people’s privacy.   If you notice signs of tension or fractured communication in your organisation, don’t wait for it to become a formal complaint or legal issue. Early, well-managed mediation and facilitated discussions can prevent costly fallout and help restore workplace harmony.   How WorkPlacePLUS can help:    The team of HR professionals at WorkPlacePLUS have extensive experience facilitating mediation and facilitated discussions in the workplace, and they’re certified to perform court-mandated mediation under the National Mediation Accreditation System.  For more information, please contact us today.

Employees can sometimes struggle to cope with work-related stressors and/or personal concerns. In today's rapidly changing world, mental health issues in the workplace are also becoming increasingly complex. Providing emotional and psychological support to employees during times of stress or crisis is critical for individual employees’ wellbeing and ensuring the managing of a business-as-usual approach. Employers also have a legal duty to ensure that the working environment does not harm employee mental health or worsen an existing condition. If an employee shows signs of stress or not coping, it's important to intervene early and r emind them about the available support resources, such as an employee assistance program . What is an Employee Assistance Program (EAP)? An EAP is employer-funded support service delivered by an independent provider, which allows your staff to access confidential support for issues that may be affecting their mental health and impacting their attitude, performance or wellbeing at work. An EAP may be a component of your workplace wellness program . How WorkPlacePLUS Can Help WorkPlacePLUS offers a holistic, fully integrated EAP incorporating mental, emotional and physical health education and counselling, designed to confidentially assist your employees with a range of issues in a variety of ways. EAPs delivered by WorkPlacePLUS provide confidential, solutions-focused support to employees experiencing work or personal issues. For example: Organisational change / redundancy Workplace conflict / critical work incidents Managing difficult behaviours (work or home) Natural disasters / disease / trauma Relationship / LGBTQIA+ / family issues Addictions (e.g. drug, alcohol, gambling) Grief / loss / bereavement + more Regardless of whether mental stress is related to work or personal issues, an EAP can provide the critical support that employees may need to proactively address their mental stress before it escalates. An EAP can also support senior managers and business owners, who are under immense strain.   EAPs delivered by WorkPlacePLUS are positioned to deliver innovative, best practice and proactive solutions. Our service delivery model takes into account the four areas of wellness: Psychological Health Physical Health Lifestyle Working Environment For more information, or to activate our EAP program for your workforce, please contact us today.

The Closing Loopholes Act 2024 has redefined employers’ obligation to disprove sham contracting.   Effective 27 February 2024, employers who have incorrectly classified an employee as an independent contractor may be penalised for sham contracting, unless they can show that they "reasonably believed" the contract of employment was a contract for services.   In addition, the Closing Loopholes Act 2024  includes: changes to the definition of employment new option for independent contractors to challenge unfair contracts new frameworks to protect independent contractors in certain industries   A new definition has been added to the Fair Work Act to help determine the meaning of “employee” and “employer”.  According to the new definition, “employment” is defined by the real substance, practical reality and true nature of the relationship between an individual who may be an employee and a person who may be an employer. The total relationship will be taken into consideration and how the contract is performed in practice.   It’s important to review your employer-worker-contractor relationships regularly to ensure you are paying your workers their lawful entitlements. Regardless of what the written contract might say, if in practice the relationship looks and operates as one of employment then it will be considered an employment relationship.   If you have incorrectly classified an employee as an independent contractor, you risk being penalised for sham contracting. The maximum penalty is  $18,780 for individuals and $93,900 for corporations per contravention . You may also be liable for additional penalties if you breach your taxation and superannuation obligations by engaging in sham contracting.   The experienced team of HR consultants at WorkPlacePLUS can assess your independent contractor arrangements and support you to meet your employer obligations.   For more information, please contact us  today.

Employee health and safety can be impacted by a range of potential workplace stress factors, such as high workload poor environmental conditions poor workplace relationships exposure to violence, bullying or harassment and others In addition to implementing control measures such as workplace policies, risk assessments and training, it is best practice for employers to offer their staff a variety of support resources, such as an employee assistance program ( EAP ) and a peer support worker or contact officer . What is a contact officer? Contact officers are people within a workplace who, in addition to their normal job, provide employees with confidential information, options and resources in relation to a workplace issue. Contact officers are a useful resource as they provide employees with immediate access to a confidential, in-house source of information and support. For some employees, it is important to have someone neutral at work to confide in. What is the role of a contact officer? Contact officers are often the first port of call for staff experiencing bullying, harassment, discrimination or family and domestic violence (FDV). The contact officer’s role is NOT to give advice but rather to listen, know the relevant workplace policies and legislation, help the employee understand their options, and know when to escalate an issue to a senior manager or external service. It is not only important that contact officers feel confident in how to safety and confidentially support their peers, but also that they stay current with employment-based legislation and organisational policies that affect the scope and parameters of their role. How WorkPlacePLUS Can Help WorkPlacePLUS provides a number of professional development programs to ensure that contact officers or staff acting in peer support positions have the required skills, knowledge and confidence to fulfil the function of their roles. FDV CONTACT OFFICER TRAINING equips your contact officers with an understanding of how to identify and respond to signs of FDV in the workplace, and how to establish appropriate support. Included in this training program is a review of the relevant legal considerations and workplace protocols, and research-based guidance and strategies from the Victorian Government’s MARAM Framework. EEO, BULLYING & HARASSMENT CONTACT OFFICER TRAINING empowers your contact offers to appropriately respond to disclosures of bullying, harassment, discrimination and victimisation. Suitable for employers, HR managers, leadership teams, contact officers, WHS representatives, and employees stepping into peer support or supervisory roles. CONTACT OFFICER REFRESHER TRAINING provides participants with a current overview of the issues of bullying, harassment, discrimination and family and domestic violence (FDV) in the workplace. Included in this training program is a review of the relevant legal considerations and workplace protocols, and a range of research-based guidance and strategies. As a foundation for new peer support workers and suitable for all staff, RESPECT & RESPONSIBILITY IN THE WORKPLACE is tailored to go beyond the usual bullying, harassment and discrimination session by promoting your organisational values, effective communication and a positive workplace culture, while providing an understanding of relevant legislation and organisational policies. For more information, please contact us today. ► Discover more training programs >

Employers Beware: Christmas parties can be a Work, Health and Safety (WHS) minefield Work Christmas parties provide a well-earned opportunity to have fun with your staff and celebrate your achievements. But employers beware: Christmas parties can be a WHS minefield. Under workplace laws, employers have a positive duty to ensure a safe workplace by proactively preventing sexual harassment and other WHS hazards. How can employers minimise risks at work functions? Preventative measures for employers to minimise risks at work functions include: Policies & Procedures: Establishing and regularly reviewing your policies and procedures , including psychological WHS risk management and managing serious workplace incidents. Code of Conduct: Ensuring ahead of time that your staff know the workplace guidelines and expectations around behaviour and alcohol consumption, including reviewing your code of conduct . Alcohol Consumption: Limiting the amount of alcohol being served and ensuring your staff are not intoxicated. Inclusion: Considering the diverse needs of your employees when planning the event, such as accessibility, dietary restrictions, religious beliefs, and cultural practices. Third-Party Safety Checking: Checking the venue for safety hazards. Safe Transport: Providing suitable transport to ensure everyone gets home safely. Clear Reporting Pathways:  Remind staff how to report concerns and ensure prompt, sensitive follow-up. How should employers respond to issues or complaints related to the staff Christmas party? Be prepared to investigate any issues or complaints: If an accident or WHS incident occurs at your workplace function, or if you receive a complaint or allegation of inappropriate conduct, it is important to respond in a timely manner by conducting a fair and confidential workplace investigation . In some cases, hiring an experienced and independent workplace investigator is the best option. Read Five reasons to engage an independent workplace investigator > Christmas should be a happy time, not a time to worry about unplanned workplace claims Don’t pay more for your Christmas party than you had planned – make sure you are complying with safety policies and reminding your staff to adhere to your code of conduct. For more information, please contact us today.