(2020) WorkPlacePLUS is very pleased to announce our partnership with Occupational Therapy Australia (OTA). OTA is the peak professional body representing the interests of occupational therapists across Australia. OTA strives to ensure that members consistently receive quality, responsive services that add significant value to their careers. OTA is a nationwide organisation with a membership of over 10,000 individual occupational therapists and occupational therapy students. WorkPlacePLUS is proud to be appointed as OTA's HR Partner and preferred HR/IR provider. We support OTA members by providing HR and ER advice, webinars and regular updates. As the national HR and IR partner of Occupational Therapy Australia, WorkPlacePLUS provides support to OTA members on employment matters affecting your practice. Foe example: Developing and implementing your practice’s HR frameworks Developing or updating policies and contracts Filling in when your HR manager on long service or parental leave Conducting a payroll audit and attending to Fair Work issues Conducting management and supervisor training Facilitating difficult discussions and internal communications Addressing serious incidents e.g. bullying and harassment Conducting an independent workplace investigation Managing a significant change project e.g. right sizing Improving staff performance and engagement Monitoring and improving the work culture WorkPlacePLUS also offers a fully integrated Employee Assistance Program (EAP) and additional tools for workplace wellness. Special OTA Member Entitlements: WorkPlacePLUS has established a workplace relations advisory line for OTA members. OTA members can access an initial complimentary phone consultation of up to 30 minutes. The advice provided is general in nature and can assist your decision-making for matters affecting your practice, such as: pay rates, awards, leave & entitlements employee & contractor agreements hybrid & flexible working arrangements HR policies, systems & processes performance management and more... OTA members also receive a discount on WorkPlacePLUS standard consultancy rates. If you require tailored advice for specific issues, WorkPlacePLUS can provide a cost estimate for you to review. We look forward to working together with the members and staff at OTA! For more information, please contact us today.

In late 2024, the High Court ruled that Australian employers may be liable for psychiatric injury caused by a breach of an employment contract.   This ruling overturns a longstanding position in employment law and has significant implications for employers.   Case Background:   An employee of an Australian charity was accused of aggressive behaviour towards a hotel owner during a work-related trip in March 2015. The organisation stood him down and invited him to a disciplinary meeting. During this meeting, the employee denied the allegations, but the organisation terminated his employment, citing a "pattern of aggression". The employee was not given an opportunity to respond to the claims regarding his past behaviour. As a result, he was diagnosed with major depressive disorder and adjustment disorder, which left him unable to work. The employee filed a common law claim for damages, alleging the organisation’s failure to follow its disciplinary procedures caused his psychiatric injury. The Supreme Court of Victoria initially ruled in his favour, finding that the disciplinary process was a "sham" and that the organisation had breached its employment contract by not following its own policies. The employee was awarded damages for this breach. However, the Victorian Court of Appeal overturned this decision. High Court Decision: The High Court reinstated the Supreme Court's ruling, awarding the employee $1.44 million in damages. The Court determined that the disciplinary procedures were incorporated into the employee’s employment contract, as the contract explicitly referenced compliance with the employer’s policies and procedures. This made the failure to adhere to these procedures a breach of contract. Importantly, the High Court also confirmed that psychiatric injuries are compensable under breach of contract claims, marking a significant shift in the law. The Court found that the psychiatric injury suffered by the employee was not "too remote" from the breach. Given the nature of the termination process, it was foreseeable that the employee would experience significant distress, potentially leading to a psychiatric injury. Important Considerations for Employers: This decision marks a key development in employment law, allowing employees to claim damages for psychiatric injuries caused by breaches of employment contracts. Improper handling of disciplinary actions may cause psychiatric harm. Employers must follow their own disciplinary and termination procedures, ensuring they are fair and legally enforceable. Employers should review their employment contracts to avoid inadvertently incorporating binding policies.   To mitigate the risk of costly claims, it’s important to understand your employer obligations under workplace laws and review your HR protocols such as your employment contracts and HR policies. For assistance or more information, please contact us  today.

It is important for organisations to have clear processes for resolving workplace conflict. By following such processes and using internal methods of conflict resolution such as direct communication and restorative discussions, an employer or manager can often resolve workplace issues in a timely and effective manner. When internal methods of conflict resolution are unsuccessful, or when a work issue requires an unbiased investigation, then the organisation may need to engage an external party such as an experienced and independent workplace investigator. Six common workplace issues that may require an external investigation include: Sexual harassment Bullying Discrimination Whistleblower complaints Fraud or misconduct Conflicts of interest Serious workplace incidents or allegations require a prompt response by the employer. This means not only conducting a fair and confidential workplace investigation, but also following a communication plan to discuss the matter with the parties involved, and providing a timeframe for any decisions or potential action. When dealing with the six common workplace issues mentioned above, an independent workplace investigation is considered best practice for a number of reasons: Objectivity: Independent workplace investigations provide a neutral and impartial assessment of the workplace issues, which helps to ensure that the findings are fair. The objectivity of the report can also support employers when being approached by WorkCover, unions, the courts, and industry regulators. Expertise: Independent investigators with specialised HR knowledge and investigative experience can bring sensitivity and understanding to the process, helping to ensure that the findings are accurate, relevant, insightful and timely. Confidentiality & Reputation: Independent investigators follow strict privacy and confidentiality protocols to protect the privacy of those involved and help maintain the reputation of the organisation. Compliance: Independent workplace investigations can help organisations ensure they are complying with relevant policies, laws, regulations, and industry standards. This in turn can help mitigate legal or regulatory consequences. Workplace Harmony: Independent workplace investigations can help to improve workplace relationships by reinforcing the organisation’s commitment to a safe and supportive work environment and reassuring employees that issues will be addressed in a procedurally fair manner. Investigators with HR expertise can support management with recommendations for improvement if required. Discover morer reasons to engage an independent workplace investigator > WorkPlacePLUS has a qualified team of HR consultants with extensive experience in conducting unbiased evidence-based workplace investigations. We can ensure your compliance with the Fair Work Act 2009 , the Respect At Work Act 2022, and Work, Health & Safety regulations while you continue to focus on your day-to-day operations. Our consultants are trained private investigators who remain focused and sensitive throughout the entire process. We can even assist in restoring team harmony and productivity after the investigation. The team at WorkPlacePLUS delivers independent workplace investigations both in-person and virtually, Australia-wide. For more information, please contact us today.

Rising mental stress claims and preventing workplace harassment A key message from t he Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces is that “workplace sexual harassment is prevalent and pervasive” yet most people who experience sexual harassment never report it. Another key message is the need to shift from a reactive, complaints-based approach, to one which requires positive actions from employers and board members, with a focus on prevention. Employers should already be familiar with prevention and risk mitigation in the context of work, health and safety (WHS). In recent years, Safe Work Australia has upped its focus on the prevention of workplace b ullying and harassment, including sexual harassment, as known risk factors to psychosocial health and safety in the workplace. One way to measure the psychosocial health and safety status of Australian workplaces is to measure the prevalence of accepted workers’ compensation claims caused by mental stress. Such claims indicate that an employee has been exposed to one of a range of stressors e.g. harassment or bullying, traumatic events or unreasonable work pressure, that has caused an injury or disease. Safe Work Australia recently published the 6th annual Psychosocial health and safety and bullying in Australian workplaces statement , which identifies data trends in accepted workers’ compensation claims arising from mental stress, and specifically those arising from workplace bullying and harassment. Overall, the data shows that mental stress claims are rising. As mental stress claims rise, so does the cost to Australian employers through: lost productivity staff turnover negative impact on workplace culture resources associated with responding to complaints, litigation and workers’ compensation reputational damage There are a number of preventative measures employers can take to manage the risk of workplace sexual harassment and meet their work health and safety duties. For example: 1. Create a safe physical and online work environment 2. Create a positive and respectful workplace culture 3. Provide information and training on preventing sexual harassment 4. Communicate with your workers 5. Implement safe work systems and procedures 6. Implement workplace policies 7. Manage and address unwanted or inappropriate behaviour early 8. Quickly investigate and respond to reports of sexual harassment 9. Encourage workers to report any sexual harassment 10. Provide safe, supportive reporting pathways Employers should communicate with their workers throughout each step of the risk management process. Following recommendations by the Respect@Work report, the Australian Institute of Company Directors (AICD) commissioned the Clayton Utz Report to provide a practical roadmap of the relevant board-level and legal considerations for effectively responding to workplace sexual harassment. Read Do the board members understand your staff culture? > The Clayton Utz Report provides a Framework for Prevention with recommendations and practical strategies for boards, based on Respect@Works’s Seven domains of prevention and response strategy : 1. L eadership 2. Risk assessment and transparency 3. Culture 4. Knowledge 5. Support 6. Reporting 7. Measuring When assessing risk, the Framework recommends that “ regular and transparent reports should be provided by business units to the Board, senior leaders and external stakeholders in relation to sexual harassment complaints or concerns and the actions undertaken by the organisation in response. In this context, it is incumbent on the Board to ask questions of management regarding the nature and prevalence of sexual harassment in the workplace and ensure that workplace sexual harassment reporting features regularly on the Board agenda. ” The Clayton Utz Report contains several practical case studies and advises that “board members have a responsibility to take action against sexual harassment, including not to tacitly condone misconduct due to an individual's seniority or their importance to the financial stability of the organisation” and that “leaders should be visible and proactive in their efforts to address sexual harassment, challenge inappropriate conduct and celebrate positive behaviour in the workplace.” Boards and leadership teams play a crucial role in steering the workplace culture and mitigating serious incidents that ultimately lead to rising work-related mental stress claims. For more information or tailored support, please contact us today.

Under Closing Loopholes  Laws. There are changes to the rules regarding a casual employee converting to permanent employee.   Effective 26 February 2025, casual conversion in Australia will transition to an "employee choice pathway". This means casual employees can initiate the process to convert to permanent employment by notifying their employer if they believe they no longer meet the definition of a casual worker.   This new “employee choice pathway” replaces the previous employer-driven conversion process.   The change applies to most employers, with small businesses having a later deadline of August 26, 2025.    Key points about the casual conversion changes effective 26 February 2025: Employee driven : Casual employees can now choose to request conversion to permanent employment by giving written notice to their employer.  Eligibility:  To initiate the conversion, an employee must have been employed for at least 6 months (or 12 months for small businesses) and believe they no longer meet the definition of a casual employee.  Employer response:  Employers must respond to a conversion request within 21 days, either accepting or declining with valid reasons.  Reasons for refusal:  Employers may refuse a conversion request if the employee still meets the casual definition or there are reasonable operational grounds for denial, such as significant business disruption.    There are risks to engaging long-term casual employees. Read Casual Employees: mitigating the risk of a retrospective claim >   For more information or assistance managing working arrangements and employment agreements while meeting your employer obligations and mitigating unnecessary risks, please contact us  today.

Please note: some of this content is time sensitive and may be subject to updates and changes. By now, all employers should be aware of the recent changes to the Fair Work Act 2009 launched on 6 December 2022 under the Secure Jobs Better Pay Act 2022 . To recap this information, please review the following links: Compliance Alert by WorkPlacePLUS: Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 Infographic by Fair Work Ombudsman: Timeline showing key start dates for changes under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 A significant number of the changes made by the Secure Jobs Better Pay Act 2022 require employers to revise their employment contracts or agreements and associated workplace practices. These include: Limiting the use of fixed-term contracts Effective 6 December 2023, fixed-term contracts exceeding two years will be prohibited, except for some exceptional circumstances and some modern awards. Employers who regularly engage staff on a series of fixed-term contracts will need to reconsider those practices and take measures to put those staff on continuous contracts. Expanding the grounds for requesting flexible working arrangements Effective 6 June 2023, the right to request flexible working arrangements will expand to include employees who are pregnant, and any employee whose requests have been refused will be able to seek arbitration of a dispute by the Fair Work Commission. Employers should review their protocols for considering and responding to requests for flexible working arrangements. Additionally, employers should ensure that their employment contracts clearly outline the nature of the employment, and the essential requirements of the job, so employees have a good understanding of what kinds of flexibility are feasible, and what kinds of requests will quite reasonably be refused. The end of pay secrecy Staff can now choose to discuss their pay with other staff. Pay secrecy clauses in existing contracts have no effect as of 7 December 2022, and employers can no longer offer new contracts containing pay secrecy clauses. Employers must update their employment agreements and contract templates immediately to reflect these changes. In the vein of pay transparency, it is worth noting that on 8 February2023 the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023 was introduced into Parliament. This Bill sets out to publish the gender pay gap of organisations with 100 or more employees. Reporting will commence in 2024, and gender pay gap information will be published on the Workplace Gender Equality Agency (WGEA) website. Sunsetting of zombie agreements Effective 6 December 2023, any employment agreements made before the commencement of the Fair Work Act 2009 that are still in operation will automatically end. Zombie agreements include: agreement-based transitional instruments Division 2B state employment agreements enterprise agreements made between 1 July 2009 and 31 December 2009. Employers who have employees covered by these agreements need to provide those employees with written notification that the agreement will be terminating on 7 December 2023 (unless an application for extension is made to the Commission). The written notice needs to be provided before 7 June 2023 (within 6 months of 7 December 2022). There are a number of further changes under the Secure Jobs Better Pay Act 2022 that will take effect this year. These relate to: • Expanding multi-enterprise bargaining provisions • Expanding the application of the better off overall test (BOOT) • Simplifying the approval process of employment agreements • Arbitrating intractable bargaining disputes • Increasing the cap on small claims WorkPlacePLUS can help ensure you are meeting your employment obligations. For more information, please contact us today.

Many businesses employ a mix of full-time, part-time, and casual workers. Casual employees often start with irregular hours, but over time, some may develop regular work patterns.   A key legal ruling ( WorkPac v Rossato ) confirmed that simply labelling an employee as "casual" does not automatically make them one. A true casual employee has inconsistent, irregular, or short-term work. Those with ongoing, predictable hours may be entitled to permanent employee benefits, regardless of casual loading payments Risks for Employers Employers should regularly review long-term casual arrangements, as these employees may be deemed permanent if they: Work a regular pattern of hours for at least 12 months Could perform the same work as a permanent employee without significant adjustments Have an implied expectation of ongoing work Without clear documentation and communication, long-term casuals can claim retrospective entitlements, including paid leave. Best Practices for Employers Review Casual Arrangements  – Regularly assess casual employees’ work patterns. Discuss Employment Status  – If an employee’s hours suggest permanency, discuss transitioning to a permanent role and issue a new contract if agreed. Document Declined Conversion Offers  – If an employee chooses to remain casual, obtain written confirmation to protect against future claims. Maintain a Flexible Roster  – Ensure casual shifts remain variable and at the employee’s discretion. Annual Casual Status Review  – Meet with long-term casuals annually to reaffirm their employment status. Casual employees can request conversion to permanent employment. Employers can only refuse based on reasonable business grounds. Learn more > To mitigate legal risks and foster employee engagement, it’s important to proactively manage casual employment arrangements. WorkPlacePLUS can help you meet your employer obligations and mitigate the risk of costly claims. For more information and expert support, please contact us today.

Close workplace friendships have their benefits and their risks. In an interview on ABC Radio National, Lisa Leong and Anna Pannuzzo chatted about the value of having a best friend at work. Listen to the discussion on This Working Life, ABC RN > Workplace friendships can be great for our mental health and keeping our spirits up. We spend a lot of time at work so it’s important to be able to feel relaxed with your colleagues and have a laugh or vent sometimes. Camaraderie and respect at work is important, particularly when co-workers are looking out for each other and sharing ideas. This can promote cohesive teamwork and provide workers with an overall sense of wellbeing and support. However, there are potential risks to having a best friend at work: Perceived favouritism / perceived bias / conflict of interest Leniency of rules and policies in favour of putting the friendship first Distractions and time-wasting Exclusion of other team members (conscious or subconscious) A “bestie” friendship between a supervisor and subordinate would make it particularly difficult to avoid the perception of preferential treatment. If co-workers believe that a promotion or reward has been given on the basis of favouritism, this has a damaging impact on workplace culture and may also lead to discrimination claims. To avoid other team members feeling excluded, it is important to have courageous conversations with your co-workers. Open and transparent communication is an excellent way to strengthen team relations and create an inclusive team culture. Listen to the discussion on This Working Life, ABC RN > For more information, training and support, please contact us today. TO ACCESS MORE INTERVIEWS & PODCASTS, VISIT OUR MEDIA PAGE >

Paid Family & Domestic Violence (FDV) Leave Personal Leave in Western Australia Changes to Parental Leave Managing Employee Annual Leave Balances Employers have a range of obligations to uphold in relation to staff leave and entitlements. For example, employers must ensure they are: keeping up to date on the latest employment regulations, paying employees their correct entitlements, and communicating effectively with employees to inform them of their options and any changes to their entitlements. Here are some recent updates to employee leave entitlements that employers must be prepared to implement: Paid Family & Domestic Violence Leave On 27 October 2022, The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 passed both houses in parliament. This updates the National Employment Standards (NES). Effective 1 February 2023, employees affected by family and domestic violence will be entitled to 10 days of paid Family & Domestic Violence (FDV) Leave per year, up from the current 5 days of unpaid leave per year. Small businesses will have until 1 August 2023 for the changes to take effect. FDV Leave is available to employees who have experienced violent, threatening, controlling, or abusive behaviour by a close relative, a member of an employee’s household, or a current or former intimate partner of an employee. The entitlement allows the affected employee to take time off from work to do things necessary to alleviate their situation, such as seeking support, finding safe accommodation, or attending court hearings, without putting their employment at risk. The new entitlement will apply to all employees, including casual employees and employees under enterprise agreements which already have paid FDV Leave entitlements. Employees will have access to paid FDV Leave from the day they commence employment, and the entitlement will refresh every year. Employers should update their leave policies and monitoring systems before 1 February 2023 to reflect the new changes. It is important for employers to understand their role in supporting employees experiencing FDV, including practical workplace supports and safety plans. WorkPlacePLUS provides contact officer training to help employers ensure their staff can confidentially access appropriate information, options and resources. Learn more > Personal Leave in Western Australia Changes to the personal leave entitlement have been introduced for all employees in the state industrial relations system of Western Australia. Sick leave and carer’s leave have been combined, and both forms of leave are now termed ‘personal leave’. The new personal leave provisions in the Minimum Conditions of Employment Act 1993 (MCE Act) were introduced by the Industrial Relations Legislation Amendment Act 2021 and commenced on 20 June 2022. For more information, refer to Changes to employment laws in Western Australia . Changes to Parental Leave > Managing Employee Annual Leave Balances > WorkPlacePLUS provides outsourced support and assistance with complex HR matters, such as the correct interpretation and implementation of employment regulations. For more information, please contact us today.

Is it time to review your workplace culture? Last week Anna Pannuzzo was interviewed on ABC Radio National about toxic work cultures - what they look like, how they impact on people and what can be done to address the causes and consequences of workplace toxicity. Listen to the podcast here > The five key signs of a dysfunctional workplace are: 1. Poor leadership and lack of support 2. Poor communication 3. Poor attitude and fixed mindset 4. Lack of teamwork 5. Staff conflict When a workplace culture is so dysfunctional that it is having a negative impact on staff’s health and wellbeing, it could be classified as a toxic workplace. A toxic workplace can manifest in countless undesirable ways, such as a high turnover of senior management, absenteeism, a gossip culture, low productivity, workplace claims and bad vibes amongst staff. Why bother fixing your toxic workplace? Positive work cultures promote happy, loyal and productive staff. Employers also have legal obligations under Workplace Health & Safety (WH&S) and the Fairwork Act to ensure they are maintaining safe, healthy and fair working conditions. For more information, training and support, please contact us today. TO ACCESS MORE INTERVIEWS & PODCASTS, VISIT OUR MEDIA PAGE >

5 key questions to ensuring a lawful placement Internships sometimes hit the headlines for all the wrong reasons, such as when employers use internships to take advantage of people who are trying to gain experience in the workforce. The Fair Work Ombudsman considers unpaid work experience and internships that are not vocational placements to be unlawful if the person is in an employment relationship with the business or organisation they are doing the work for. People in employment relationships are employees of a business and entitled to: a minimum wage, the National Employment Standards, the terms of any applicable award or registered agreement. Employers need to consider whether or not a person is an employee. It is a matter of working out whether the arrangement involves the creation of an employment contract. That contract does not have to be in writing, it can be a purely verbal agreement. There are a range of indicators that an employment relationship exists, and it needs to be assessed on a case by case basis. Key indicators of an employment relationship are: an intention to enter into an agreed arrangement to do work for the employer , a commitment by the person to perform work for the benefit of the business or organisation and not as part of a running a business of their own, and an expectation that the person will receive payment for their work. An employer needs to consider the following questions to ensure the internship is not unlawful: 1. What is the purpose of the internship? If the purpose of the internship is to give the person work experience it is less likely to be an employment relationship. But if the person is doing work to help with the ordinary operation of the business or organisation it may be an employment relationship arises. The more productive work that’s involved (rather than just observation, learning, training or skill development), the more likely it is that the person’s an employee. 2. How long does the arrangement run for? Generally, the longer the time period of the arrangement, the more likely the person is an employee. 3. What are the person’s work activities? Is the person doing work that is significant to the business or normally done by paid employees? Does the business or organisation need this work to be done? If the person is doing work that would otherwise be done by an employee, or it's work that the business or organisation has to do, it's more likely the person is an employee. 4. Is the person expected or required to work? Although the person may do some productive activities as part of a learning experience, training or skill development, they're less likely to be an employee if they aren't expected or required by the business or organisation to come to work or do productive activities. 5. Who's getting the benefit? The person who’s doing the work should get the main benefit from the arrangement. If a business or organisation is getting the main benefit from engaging the person and their work, it’s more likely the person is an employee. The Fair Work Ombudsman website provides information to help employers better understand the various forms of unpaid work. WorkPlacePLUS has a specialised HR team that can support employers to meet their workplace obligations. To discuss any HR issues you may have please contact us today.

You could argue that workplace compliance is a two-way street between the employer and the employees, each party being responsible for knowing and understanding the current employment obligations and requirements. Employers are primarily responsible to ensure that they comply with the myriad of legislation and regulations around employing staff. By the same token, employees need to understand their legal rights and take the time to properly review and understand their employment contracts and the organisation’s policies. At the end of the day, however, the onus is on the employer. So are the risks. Ultimately, Directors or Senior Executives have the key responsibility of complying with the legal and regulatory requirements of running a business or organisation. For example, such requirements related to employing staff include: Fairwork Act 2009 Sex Discrimination Act 1984 Disability Discrimination Act 1992 Australian Taxation Office – PAYG and Superannuation Guarantee Workplace Health and Safety Act AWARDS Workplace Agreements + more Not meeting your obligations can result in criminal sanctions, civil sanctions, disqualification, penalties and commercial consequences. Ignorance is no excuse.  Even small error unnoticed over time can result in severe consequences for inadvertently underpaying workers. Read some cautionary tales > How often do you review your HR and IR processes and controls? Can you afford to not to comply? Employers can mitigate their employment obligation risks by consulting with an experienced Human Resource advisor who can implement various support tools. A Human Resource and Industrial Relations specialist can help you ensure you are complying with employment contracts, implementing Human Resources Policies and Procedures and maintaining accurate recordkeeping. At WorkPlacePLUS, we offer risk mitigation services, full HR reviews of your policies and procedures and independent workplace investigations for when an issue arises. To discuss how we can assist your organisation, please contact us today.