During the challenges of the pandemic and beyond, we’ve seen a surge in claims of work-related stress. More than ever, it is important for employers to support employee wellbeing and promote a healthy workplace culture. WorkPlacePLUS offers practical tools and strategies to enhance your existing workplace wellness program or customise a new one. Choose from our range of flexible options: Employee Assistance Program (EAP) – Our independent EAP supports senior managers, business owners and employees through confidential counselling and education, delivered conveniently via telehealth and teleconferencing. ⚡️ NEW ⚡️ " Wellbeing Day" Onsite Chats – As a component of your workplace wellbeing program, our lead EAP consultant can attend your workplace for a day, to facilitate 1:1 informal "RUOK?" discussions with your staff. Mental Health Policy – Comply with workplace health and safety laws and provide clear guidance to managers and staff by developing a workplace mental health policy, which will include your strategy for prevention, intervention and recovery. Psychological Safety Reviews – Take a WHS risk management approach to ensuring your workplace is equipped to manage the risk of psychosocial hazards in the workplace, including but not limited to bullying, discrimination, workplace sexual harassment and victimisation. Staff Wellbeing Survey – A ssess the needs of your employees with a confidential survey, facilitated independently by WorkPlacePLUS. This is a good first step in determining which wellbeing tools are best suited to your specific workplace. Facilitated Group Discussions – Communication is key to workplace wellbeing. Stay connected, reduce stigma and build a culture of peer-support by discussing mental health in a safe setting. Our facilitators are experienced in mediation and counselling. ⚡️ NEW ⚡️ Reflective Practice Program – 1:1 solution-focused coaching, professional development and workplace improvement, designed to build employees' emotional intelligence, confidence and resilience. Mentally Healthy Workplace Training -  Empower your leaders and supervisors to mitigate psychosocial hazards and promote a mentally healthy workplace. Included are discussions on managing psychological safety in the workplace, legislative requirements, prevention , intervention, response, support and continous improvement.   Flexible Working Arrangements, Workplace Adjustments & Health Leave – WorkPlacePLUS can advise you on providing leave or adjusting an employee’s role, workload or roster to help them meet certain mental, physical or personal needs. Reward & Recognition – Celebrating and valuing your staff for their efforts is a proven strategy for boosting positivity and helping to protect your team from burnout. WorkPlacePLUS can assist with succession planning and developing a recognition program that fits your business model. Routine Health Checks – Health screening can save lives by assisting in the prevention and early detection of health issues such as heart disease and diabetes. WorkPlacePLUS can coordinate onsite health checks for your employees. Workplace wellness programs provide important benefits to both your staff and your business, from improved health and performance outcomes to decreased absenteeism and claims. For more information, 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 >

In the "Lisa's Little Tips" segment of This Working Life on ABC RN , Lisa Leong asked Anna Pannuzzo why we need rockstars in the office. In short, we do not need ego-inflated demigods in the office. We do need strong candidates with great attitudes who fit the culture of the organisation. But how do we retain high-performing employees?... Listen to the podcast here, which contains practical tips on hiring, onboarding, managing performance and retaining top talent > Hiring for attitude is one of the keys to successful recruitment and retention of top talent. Skills can always be developed, whereas a bad attitude towards tasks, clients, the employer or other staff can cause conflict and a toxic workplace. Another key when it comes to talent retention is awesome leadership and culture. There is a saying that “people don’t leave bad jobs, they leave bad bosses.” There are variations on this, such as “they leave bad managers” or “they leave toxic workplace cultures.” The sentiment is the same. Very rarely do top performers stay in a job just for the money. High-performing employees tend to be loyal to great leaders and awesome workplace cultures. They want their views heard and respected, their achievements acknowledged, and their leaders to be emotionally intelligent with strong communication skills. 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 >

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. For more information or support , please contact us today.

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.

Annual leave is an entitlement for employees which is to be taken regularly to ensure that they have appropriate downtime and can relax. Not taking accrued annual leave can be hazardous to the health and safety of employees. Excessive accrued annual leave balances can represent a significant financial liability for employers. Some general options for managing employees with excessive annual leave balances include: Shutdown Depending on business requirements, employers may shut down during quiet periods, for example over Christmas/New Year, and require their staff to take annual leave during this time. There are rules and conditions around this so make sure you seek professional advice. If your employees are covered by an award or an agreement, you will need to check the relevant provisions. Read about temporary workplace shutdowns in modern awards > Direction to take leave If an employee has accrued an excessive amount of leave, it is considered “reasonable” to direct them to take annual leave. While the Fair Work Act doesn’t define how much leave is “excessive”, greater than four weeks can be used as a general guide (this is used in many agreements and policies). Again, if your employees are covered by an award or an agreement, you will need to check the relevant provisions and seek professional advice. More Alternatives Other options for managing employees with excessive annual leave balances may include cashing out of leave or requiring employees to use leave within a certain period, but it's crucial to seek professional advice before proceeding. Remidner: Accrued leave can’t be lost just because an employee hasn’t used it within a stipulated time. It is important for employers to be familiar with the rules around annual leave entitlements and, ideally, be able to come to an agreement with employees around managing leave balances. For bespoke assistance or more information, please contact us today.

Industrial Relations Reform: Significant changes to the Fair Work Act impact your current employer obligations The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 was passed by the Federal Parliament on 2 December 2022 and was formally accepted by the Governor-General on 6 December 2022. The new laws will impact all Australian workplaces, with some parts requiring urgent attention from employers. These include: Pay secrecy has ended - 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. FWC has more bargaining power – From 7 December 2022, if the Fair Work Commission (FWC) considers that a party is not engaging in good faith enterprise bargaining, it can now issue a bargaining order. Terminating an EBA after the nominal expiry date has new parameters - From 7 December 2022, the FWC is has more power to prevent employers from terminating an enterprise agreement as a bargaining tactic, and to support an employee or union to terminate an unfair enterprise agreement. Employers should review their EBAs and consider their renegotiation options. Job ads cannot offer less than the minimum wage - From 7 December 2022, it is unlawful for an employer to advertise a pay rate below the minimum rate of pay, including the minimum rate of pay under an award or enterprise agreement. FWC can make equal remuneration orders - From 7 December 2022, the FWC must consider gender inequality when reviewing modern awards, and it can initiate orders to combat wage inequality without receiving an application. In addition, EBAs can now contain measures intended to achieve equality for employees with particular attributes. Protected attributes have been expanded - From 7 December 2022, the list of attributes protected from discrimination now includes gender identity, intersex status and breastfeeding. Employers should take a proactive approach to preventing workplace discrimination. Workplace sexual harassment will be further prohibited through the FWC - From 7 March 2023, a person subject to workplace sexual harassment will be able to seek compensation and penalties through the FWC. This is in addition to the existing right to seek a “stop sexual harassment order” and will not affect existing rights to make claims under other legislation. Employers should take a proactive approach to preventing workplace sexual harassment by reviewing their work, health and safety control measures and conducting a review of the workplace culture. There are a number of further changes that will take effect at later dates in 2023. These relate to: Limiting the use of fixed-term contracts Expanding the grounds for requesting flexible working arrangements 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 Ending enterprise agreements that pre-date the Fair Work Act Increasing the cap on small claims Legislative reform puts you at risk It’s critical to keep your policies, processes, employment agreements, EBAs and payroll systems up to date with current legislation. Honest, well-meaning Directors or Senior Executives can face the unwelcome surprise of penalties or legal expenses simply because they have been unaware of legislative changes affecting their workplace. WorkPlacePLUS can help ensure you are meeting your employment obligations. For more information, please contact us today.

Compliance Alert Overpaying or underpaying your staff puts your business at risk. It’s important for employers to know how to prevent and remedy the overpayment or underpayment of staff. Overpayment Overpayments can happen when an employer misinterprets the employee’s entitlements, or because of a payroll error. According to the Australian Payroll Association , overpayments are almost as common as underpayments. The Fair Work Ombudsman advises that employers can’t take money out of an employee’s pay to fix an overpayment. Instead, the employer and employee should discuss and agree on a repayment arrangement and put this in writing. If the repayment can’t be agreed on, the employer should seek professional advice. The process for fixing an overpayment is: 1. Work out how long the employee was overpaid 2. Work out how much the employee was paid and what they were entitled to be paid 3. Calculate how much the employee has been overpaid 4. Discuss with the employee and confirm repayment arrangements. 5. Implement the agreed arrangement and make any adjustments in the payroll that are required. A deduction can only be made to get back an overpayment if it’s allowed under a registered agreement (and the employee agrees to it), award, legislation or a court or Fair Work Commission order. Employers should check the award or agreement to find out when deductions can be made. Underpayment Employees must be paid at least their minimum pay rates and entitlements. Like overpayments, underpayments often happen because of a mistake or payroll error. Employers who fail to fix the errors promptly and prevent them from recurring face serious penalties. Effective 1 January 2025, intentional underpayment of wages by employers is a criminal offence in all jurisdictions of Australia. The process for fixing an underpayment is: 1. Work out how long the employee was underpaid 2. Work out how much the employee was paid and what they were entitled to be paid 3. Calculate how much the employee has been underpaid 4. Discuss with the employee and confirm back payment arrangements 5. Make any adjustments in the payroll that are required. 6. Keep up to date with future wage increases. The new financial year and the new calendar year are optimal times to review your HR systems and processes to ensure you are paying your staff correctly. This can include checking new pay rates and superannuation requirements, reviewing employment contracts and agreements, and auditing your payroll transactions. For more information or tailored support, 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.