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For the majority of 2020, many workplaces had to flip from “business-as-usual” to “crisis management” mode. Those that previously hadn’t considered a pandemic plan soon began actioning one, in earnest efforts to maintain business continuity and keep staff and clients safe. For most HR managers, the new priority became keeping staff employed and ensuring that everyone is following infection control protocols. We are still now dealing with the interruptions brought on by the pandemic. Certain challenges remain at the forefront, such as leave entitlements, stand downs, redundancies, accessing government subsidies, making sure staff are fit-for-work, updating safety protocols and supporting the mental health of employees. HR staff are also scrambling to update their policies and employment contracts, to factor in the “new normals” of staff working remotely, considering staff vaccination status, staff needing to quarantine, parents needing more flexibility due to remote learning, the wearing of face masks, and the list goes on. ⚠️ The problem is, other HR challenges are taking a back seat, such as performance issues, tension and conflict, high stress, and complaints and grievances. Letting these issues fester will cause them to escalate and expose you to a number of risks! The key to dealing with workplace issues is to address them immediately WorkPlacePLUS is available to assist. Even during lockdown, WorkPlacePLUS is here for you. We remain open and can partner with your HR manager to ensure the proper handling of difficult HR challenges. Examples of ways WorkPlacePLUS can assist: ✔︎ Conducting independent workplace investigations ✔︎ Facilitating mediation and conflict resolution ✔︎ Managing claims of bullying, harassment or discrimination ✔︎ Managing claims of unfair dismissal ✔︎ Reviewing and updating HR documentation ✔︎ Developing appropriate staff communications ✔︎ Reviewing the current workplace culture ✔︎ Supporting morale, engagement, and mental health ✔︎ Providing independent employee assistance services If your HR manager is under the pump, WorkPlacePLUS can help. For more information, please contact us today.

As the COVID-19 pandemic continues to evolve, it is important for businesses and organisations to review their approach to the situation, to ensure operational readiness and mitigate any risks to workplace health and safety (WHS). All employers should now have a pandemic plan that includes revising and updating the following: Policies and procedures around infection control, including how you will prevent and manage an outbreak COVIDSafe Plan Workforce plan and business continuity plan Regular communications and updates with staff and key stakeholders Employee support services Workplaces in the healthcare and aged care sector are under particular strain as staff, patients and clients are at greater risk of contracting COVID-19. We have seen COVID-19 outbreaks in aged care and healthcare facilities, causing a crisis around workforce planning, not to mention health and safety. WorkPlacePLUS is available to assist you with pandemic planning, including updating your WHS and infection control policies, and strategic planning, including updating your business continuity plan. For more information, please contact us today.

During the COVID-19 pandemic, WorkPlacePLUS remains open for business. We are continuing to provide our clients with the most up-to-date best practice advice and support. We are available to assist you with your HR and employment concerns during the COVID-19 crisis. We are currently assisting a wide variety of businesses and organisations during this time. Read "Your HR manager is under the pump" > These are some ways in which we can assist: ✅ Pandemic planning ✅ Help with your COVID Safe Plan ✅ Updating your business continuity plan ✅ Impact on employers and employees (inclusive of small businesses) ✅ Impact on employees accessing entitlements ✅ Communications with employees regarding workplace change ✅ Consultations with managers regarding managing the change process ✅ Creating flexible working arrangements ✅ HR Documentation (e.g. working from home, infection control, WHS, confirmation of employment for essential work travel, checklists for reopening the workplace) ✅ Remote facilitation of conflict resolution and independent workplace investigations ✅ Online training & development solutions ✅ Workforce planning ✅ Downscaling your workforce (e.g. redundancy vs. standing down employees) ✅ Supporting your staff to return to work after shutdown periods ✅ Effective internal controls for reopening the workplace ✅ Workplace wellness, wellbeing support for your staff, staff health checks, movement classes, access to our Employee Assistance Program (EAP) ✅ Staying connected to your workforce ✅ Managing staff remotely For a confidential discussion about the specific needs of your organisation, please contact us today.

Modern awards continue to be the industry based minimum employment standards that apply to all employers and employees in a particular sector. Despite rationalisation of awards and arguably a smoother system of interpretation, many employers still find them to be complex documents which can lead to unfavourable outcomes, including underpayment claims if the wrong classification and penalty is applied. Enterprise bargaining agreements (EBA) between an employer and its employees can provide one comprehensive cover-all document, referencing the need to review multiple modern awards that cover employees in a workplace. An EBA can also enable organisations to tailor specific clauses that aim to bring productivity and efficiency to their operations. There are now more employees in Australia covered by awards rather than EBAs, which was not always the case. The swing away from EBAs may have been due to the increased complexity and technical application by the Fair Work Commission (FWC) of the Better Off Over All Test (BOOT) applied to every EA when it applies for approval. The BOOT test requires that the FWC be satisfied that each employee would be better off under the EBA than they would be than under the Award. This cumbersome process requires the FWC to apply a line by line approach which often leads to undertakings being provided by parties and long lead times from lodgement to approval. Currently, there are 2.16 million workers employed under EBAs as opposed to 2.6 million at peak coverage in 2014. In the current recovery from the COVID-19 crisis, industrial relations reform has been touted as a way that the Australian economy can propel back from recessionary levels. The Prime Minister has offered an olive branch to the businesses and the union movement to “put down their weapons” and work together to forge a better way for Australia to revamp the employment laws. The Government has set up working groups involving government, union and business leaders, to debate industrial relations legislation changes and award simplification. With the Government’s promise to use industrial relations as a way of forging a way through the COVID-19 recovery, now is the time for all employers to stay informed of possible legislative changes and review their employer obligations, regardless of their industry. 5 considerations for reviewing your EBA: 1. Job Security - Employees will be keen to see clauses surrounding job security for nominal wage outcomes. 2. Short Agreements – Consider modest pay increases to be agreed upon on a “quick rollover” basis. Wait for more economic certainty for a longer-term agreement. 3. MOUs or Informal Agreements – One-year deals to roll-over EBAs without using the FWC system to lodge an agreement for approval. 4. Enterprise Agreement Variations – Employers may be keen to vary EBAs where they are already paying comfortably above award rates and not able to afford any pay increases because of changes in their economic situation. 5. Enterprise Agreement Terminations – Employers may want to consider this option if variations are not feasible. When reviewing your enterprise bargaining agreement, make sure you comply with the procedural requirements under the Act. If your EBA is rejected by the FWC due to procedural errors or non-compliance with relevant awards, you may have to repeat the bargaining and voting process. This can be expensive, disruptive and damaging to your trust within the workplace. For industrial relations support and practical assistance with enterprise bargaining, please contact us today.

Communication tips for teams working remotely The workplace as we know is changing and evolving in response to COVID-19, yet some aspects of working life will remain. Even with some staff working from home, some on reduced hours, others on leave, and some making sure they have their 4 square meters of floor space, workplace conflict and tensions will still have the potential to bubble over. As essential workers (i.e. any people who still have jobs!), we seem to be stretching ourselves over and over again to adapt to ongoing changes in the workplace. Whenever there is the potential for increased stress on individuals, conflict and frustration between employees and within teams can rear its head - even online! The best practice process for resolving conflict BC (“Before COVID”) generally flows like this: Attempt to empower individuals to approach the person(s) they are experiencing the conflict with. In a confidential, safe environment, embark on a courageous conversation to raise your concerns, discuss issues and seek an amicable resolution. If the conflict is not resolved, the next steps are to have it resolved internally by someone skilled in facilitating a discussion. If the issues are complex, or if a resolution has not been found, the next step is to engage an external, qualified mediator. How does the process of conflict resolution work within a remote workforce, or DC (“During COVID”)? Employers must not ignore workplace conflict. When staff and teams are communicating via email, phone or video conference, this can potentially lead to misunderstandings, silences or unconsidered messaging. When individuals cannot resolve conflict directly, employers need to support their staff to resolve issues, communicate openly, and find win-win solutions. Tips to promote positive communication within teams when working remotely: Have team meetings to discuss any fears or concerns about working together as a team. Support open communication and have the team set some agreed guidelines and rules of engagement. Agree on guidelines for communication – e.g. email boundaries, expected response times, web meetings etc. Establish regular touchpoints for the team and individuals, to keep everyone engaged and connected. If conflict or frustration occurs: Respond and deal with issues in a timely, fair and thorough manner. As a leader or manager, understand the issues or frustrations arising between individuals or within the team. Facilitate a discussion in a safe online space, ensuring that: – you are using a secure meeting platform, – all parties adhere to confidentiality and do not record discussions, – no unauthorised people are present during meeting, – the facilitator maintains order, code of conduct and enable both parties to have the opportunity to speak freely, be heard and promote active listening. If an internal manager is not able to successfully resolve conflict between team members, it is advisable to engage an independent mediator, who will be able to work with individuals in accordance with best practice conflict resolution methods. As we face the challenges brought by COVID-19, we can also harness the opportunities. This is the time to develop advanced communication skills. Perhaps this lockdown period will be remembered by your team as a time of engagement, trust, openness, empathy, and support. WorkPlacePLUS effectively facilitates group discussions, conflict resolution, mediation, and workplace investigations via video conferencing technology. For more information, please contact us today.

We know that staying at home is helping to save lives, but how is lockdown affecting your mental health? We asked our Employee Assistance Program (EAP) specialist Connie Juross to share some tips and suggestions to help you stay mentally healthy while working from home: Routine & Boundaries – It’s important to find a way to demarcate between work and home life. As much as possible, try to keep to normal sleep/wake times and maintain an exercise routine. Switch on your work mindset by showering and dressing for work in the morning. At the end of your workday, give yourself the signal to switch off by changing into your home clothes. Flexibility for Working Parents – If your kids are currently learning from home, cut yourself some slack – this is not easy! The extra responsibility of supporting your kids with remote learning may bring up emotions or anxiety for some working parents. Communicate with both the school and your workplace to receive support and flexibility. If your routine and work boundaries have gone out the window, please don’t stress. Every day is a new day. Fresh Air & Exercise - Vital for keeping the blues at bay. Replace gym visits and work commuting with walking breaks and simple home exercises (e.g. squats, push-ups, online classes such as Pilates or yoga). If working from home means lots of sedentary time in front of the computer, break up the day with a short walk in the fresh air – preferably 20 minutes in the morning, and again at lunchtime. Involving kids and pets can help minimise cabin fever for everyone. Stay Connected - Humans are social beings. Whether or not you consider yourself introverted or extroverted, staying in touch with family and friends is important for our mental health. Connect with at least two friends a week on a video chat platform like Skype, Zoom, FaceTime, WhatsApp, or Google Hangouts. Just a 10-minute coffee chat up via video conferencing will do the trick, but make sure you can both see each other. Eye contact is one of the keys to meaningful human connection. Limit Exposure to News - It's natural to feel some anxiety about how our lives have changed by the COVID-19 pandemic. However, people living with anxiety and depression may be particularly triggered during this time. Manage your exposure to social media and only read Coronavirus updates from Government sources, at limited times during the day, e.g. 15 minutes at 10am and 15 minutes at 2pm. When chatting daily with colleagues, friends or family, find other positive points to focus on e.g. sharing what you’re grateful for, cooking tips, new projects, even a daily joke. However, do not ignore warning signs such as invasive thoughts or emotions. Talk to someone you trust – a friend or family member, your GP or your EAP provider. Stepping Up as a Remote Manager - Managers, get to know your staff over video conferencing, particularly their communication nuances. Video conferencing has enabled business to continue through the COVID-19 crisis. However, this mode of communication can be fraught with errors, both technologically and regarding communication patterns. Managers will need to be clearer and more explicit in communicating expectations and feedback; more empathetic and flexible regarding what your staff are dealing with at home; and more available for regular check-ins, to help keep your staff on track and ensure that they are still coping. R U OK? - Keep an eye on your loved ones and co-workers. If, for whatever reason, you or your colleague is uncomfortable with video chat, then have a good old-fashioned phone call. Make it 1:1 and be a good listener. “It’s okay to not be okay” but talking about your feelings almost always helps people cope. Make regular check-ins part of your routine, to help maintain a mentally healthy workplace while working from home. If you or someone you know is in need of immediate assistance, click here for 24/7 crisis services within Australia. WorkPlacePLUS offers a holistic, fully integrated Employee Assistance Program (EAP) incorporating mental, emotional, and physical health education. Our EAP’s are positioned to deliver innovative, best practice and proactive solutions. For more information, please contact us today.

Since the outbreak of COVID-19, WorkPlacePLUS has been engaged by a number of clients to review and update their pandemic plan, including policies and procedures regarding matters such as: Leave entitlements, Anti-discrimination, and Infection control. The purpose of an infection control policy is to prevent and control the transmission of infectious diseases in the workplace, and to promote health within the local community. Your organisation’s infection control policy may already include various definitions, precautions and practices on Exposure, Infectious Diseases and Notifiable Diseases. Many employers may now need to update these policies to include Health Alerts and Exclusions. For reliable, up-to-date information on COVID-19 in Australia, please visit Health.gov.au. Stop the spread The Australian Government has advised that practising good hand and sneeze/cough hygiene is the best defence against most viruses. It is important to remind your employees of what constitutes good hygiene, such as: Wash your hands frequently with soap and water for at least 20 seconds, before and after eating, and after going to the toilet Dry your hands properly after washing Cover your cough and sneeze, dispose of tissues, and use alcohol-based hand sanitiser If unwell, avoid contact with others (stay more than 1.5 metres from people) The Australian Government has also advised that wearing a face mask can help protect you and those around you if you are in an area with community transmission, and physical distancing is not possible, like on public transport. Some coronaviruses can linger on surfaces for up to 9 days. In addition to practicing good hygiene, extra steps can be taken to help stop the spread, such as: Wipe down surfaces with a cleaning product Use alcohol-based hand sanitiser Refrain from touching your face Practice social distancing Get the COVID-19 vaccine Social distancing Social distancing is intended to reduce the transmission of communicable diseases such as coronavirus or a flu-like virus. This includes: New social etiquettes to replace handshaking, e.g. an elbow tap or foot tap Maintaining a safe personal distance from co-workers (1.5 metres) Avoiding large public gathering venues Working from home where possible Employers should consider limiting the exposure of COVID-19 to their premises by restricting access to the premises to essential staff and contractors only. Vaccination The COVID-19 vaccine is free for everyone in Australia and is an important control measure for helping to mitigate the risk of exposure to COVID-19 in the workplace. There are new employer obligations regarding COVID-19 vaccination and the workplace. Read more: Read Mandating COVID-19 vaccinations in the workplace > Read Do you have a workplace vaccination policy? > Below are some downloadable posters with information to help stop the spread of coronavirus (COVID-19). For more information or assistance, please contact us today.

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 preferred HR provider. We will be supporting OTA members by providing HR and ER advice, webinars and regular updates. OTA members can receive professional support for addressing complex HR issues such as restructuring, bullying & harassment claims, poor staff engagement, industrial audits or disputes, employment contracts and EBA’s, misconduct, leadership issues, staff complaints, toxic workplace cultures and more. Special OTA Member Entitlements: WorkPlacePLUS offers OTA Members a free initial phone consultation regarding HR issues affecting your health practice. For more details on how OTA Members can access their member entitlements with WorkPlacePLUS, please click here. We look forward to working together with the members and staff at OTA! For more information, please contact us today. WorkPlacePLUS partners with healthcare, aged care, and community service associations to provide workplace relations advice and integrated HR services. View our partnerships.

Please note: some of this content is time sensitive and may be subject to future updates and changes. Options and considerations for employers in these challenging times A crisis such as COVID-19 affects the economy and businesses in different ways. As an employer, you will need to consider the duration of the crisis and the impact it is having or will have on the business. Find the latest COVID-19 government financial assistance and support for Australian businesses > Many employers are putting in place measures to weather the COVID-19 economic implications. Whilst the initial reaction is to reduce staff costs, this may not necessarily assist businesses with managing through the current crisis. Before taking any action, such as stand downs or redundancies, consider these important questions: Have you communicated with your staff about the tough decisions you need to make? Are any staff willing to take extended unpaid leave? Are any staff willing to work fewer hours (and be paid pro-rata), or voluntarily take a temporary pay cut? That said, employers may consider the following options to deal with the economic challenges: Direction to Access Leave Entitlements While there is scope to direct employees to access leave entitlements in relation to a mandated close down associated with COVID-19, measures need to be taken in order for it to be considered reasonable, including having regard to applicable employment documentation such as an Enterprise Agreement or applicable Awards. Employers should implement an effective communication process to ensure that the message is appropriately delivered. Reduction of Hours, Pay Cuts or Leave Without Pay Where possible, consider reducing an employee’s hours of work or enacting leave without pay arrangements. These can be effective interim measures. Prior to implementation, employers should explore and discuss the current situation with staff through effective communication and consultation. Some Awards have recently been varied by the Fair Work Commission to allow greater power for employers to reduce hours (including the Nurses Award 2010, Aged Care Award 2010 and the Health Professionals and Support Services Award 2010). Stand Down of Employees The bar before employees can be legally stood down under the Fair Work Act 2019 (Cth) (‘the Act’) is justifiably high and should be seen as the ‘last resort’ option. However, various Job-Keeper-like financial stimulus initiatives provided by the Government have made this option arguably more palatable than redundancy as these have aimed to ensure the employee’s tenure remains unsevered with the organisation. Section 524 of the Act permits an employer to stand down an employee without pay during a period in which the employee cannot be ‘usefully’ employed. If there is a stand down provision in an Enterprise Agreement or Contract of Employment, the employer is required to abide by this. For example, an employer may be required to consult with the employees that they are considering standing down with respect to the current situation. Stand down of employees generally applies where there is a stoppage of work that is beyond the control of the employer, and the employees cannot be usefully engaged. Stand downs are temporary in nature and are intended to ‘freeze’ the employment relationship as an alternative to termination, and employees cannot be stood down indefinitely. During a stand down period, employees are unpaid, but the employee would still be entitled to applicable benefits. Employers are not required to pay employees during a stand down, but they may choose to. An employee who is stood down is still employed and continues to accrue leave entitlements during the period (even where they are not paid for work). Where an employee has applied for leave prior to the stand down taking effect, they are still entitled to that leave. After a stand down takes effect you don’t have to approve leave requests, but it is good practice to allow employees to take their paid leave accruals in this circumstance. Employees can seek alternative work while stood down and this does not trigger their resignation. EBA’s and employment contracts can have varying rules about standing down an employee without pay. If employment cannot be resumed, the employee is still be entitled to any applicable termination benefits. Employers cannot generally stand down employees simply because of a deterioration of business conditions or because an employee has coronavirus. Some examples of when employers may be able to stand down employees include (this is not an exhaustive list): If there was an enforceable government order or direction requiring the business to close (which means there is no work at all for the employees to do, even from another location). If a large proportion of the workforce was required to self-quarantine with the result that no useful work was able to be performed in the business by the remaining employees/workforce If there was a stoppage of work due to lack of supply for which the employer could not be held responsible. Important questions to consider before standing down an employee: Can you deploy your staff to any other useful duties? If you need to reduce hours or implement stand downs, are you allocating this fairly (based on genuine business needs, avoiding discrimination)? Stand downs can be implemented on part or all of the business. There are areas where stand down scenarios may not be clear cut, and in normal circumstances would appear to be more like redundancy. If unions or employees challenge your actions, the Fair Work Commission may take a practical view in these uncertain times. If the Fair Work Commission decides it was redundancy rather than a stand down, employers can apply to vary redundancy obligations in certain circumstances. Redundancies Redundancy is where the employer no longer requires the work to be performed by anyone, the employment ends, and the employer is required to pay redundancy (unless they fall under the small business exemption). Redundancies may be a suitable response to a downturn of business associated with COVID-19. As with any redundancy, steps need to be taken to ensure the redundancies are “genuine” to avoid potential unfair dismissal claims: The business must no longer require the person's job to be performed by anyone because of changes in operational requirements, The business must consult with any employees who are covered by a Modern Award, Employment Contract, Enterprise Agreement (in accordance with the relevant consultation provision); and It must not have been unreasonable in all the circumstances for the person to be redeployed within the business or an associated entity. If redundancies are implemented, you must consider your obligation to provide: - redundancy pay; - provide notice of termination (or payment in lieu); - and other statutory or contractual entitlements. Always consider alternatives to redundancy – e.g. part-time employment, JobKeeper Payment. Read more about stand downs during coronavirus on the Fair Work website > If you would like to explore any of these options or need help working through the process, WorkPlacePLUS remains open to support employers via phone and teleconferencing. For more information, please contact us today.

Every bad news story that comes out of a royal commission should be a loud wake-up call for employers and managers. Whenever you receive a complaint or catch wind of a serious issue, it is crucial to immediately apply your HR processes. We saw the compounding failures to follow best practices and processes in the banking royal commission, we continue to see them in the aged care royal commission, and we will unfortunately yet undoubtedly see such failures in the current royal commission into violence, abuse, neglect and exploitation of people with disability. Several media reports about improper handling of misconduct in aged care facilities prompted me to flag this issue. In one report, a worker who mistreated six elderly residents was warned and suspended three times, had his “first and final warning” letter downgraded after union pressure, and upon his resignation was ultimately provided with a standard reference letter by the employer that did not mention any of the incidents. In another report, a senior manager refused to act promptly on several complaints of elder abuse. When the director of nursing voiced her concern about the abuse to the senior manager, she was told “we do nothing,” the Royal Commission heard. How will you respond to a complaint of misconduct? When an issue arises, it is important to act immediately by applying your HR processes. Here are just a few suggestions for employers and managers to take immediate action: Suspending with pay to undertake an investigation; Keeping thorough records; Informing the relevant authorities; Addressing the wellbeing and concerns of clients and family members as a high priority; Reviewing the appropriate policies and procedures, being guided by the employer’s business requirements and considering the union’s view; Reviewing workloads and looking at workforce planning, ensuring the correct ratios of staff to residents. Management and HR need to work collaboratively to consider the risks and impact of the issue on the employees, residents, family members, etc. If your HR manager is closely involved in the issue, it is advisable to appoint an independent workplace investigator. For more information and support, please contact us today.

There are many interrelated factors that contribute to your workplace culture, as I have previously outlined. The biggest risk factor to your workplace culture is inappropriate workplace conduct, such as bullying, harassment and discrimination. Employers and managers are responsible for seeing the red flags and mitigating the risks of inappropriate workplace conduct. WorkPlacePLUS does a lot of work with organisations on respectful workplace relations, so I was very pleased to be able to contribute an article on this topic to the Summer 2019 edition of Fusion Magazine, published by Leading Age Services Australia (LASA). Read our article Respectful Workplace Relations to discover the four red flags of inappropriate conduct > For more information, training and support, please contact us today. TO ACCESS MORE ARTICLES, PODCASTS & VIDEOS, VISIT OUR MEDIA PAGE >

A few of our clients have been in the unfortunate position of having to make an employee redundant. This can be an emotional experience for everyone involved. Employers need to consider the best practice and legislative factors around letting an employee go. WorkPlacePLUS recently provided change management support and facilitated a comprehensive outplacement program for a client. You may be thinking, “I've heard of placement and onboarding, but I have never heard of outplacement.” Indeed, we have come to realise that many employers are not aware of this important component of the employment cycle. Outplacement is a support program or action plan put in place to assist former employees in exiting the business and finding a new job. While some organisations may be equipped to facilitate outplacements in-house, most employers prefer to engage an independent change management specialist to facilitate a successful Career Transition Program. Outplacement can be offered immediately upon the employee exiting the business or delivered at a later stage when the employee is in the right headspace. The outplacement program that we recently facilitated was delivered through several 1:1 sessions. Each individual participant was in the stressful transition phase between leaving a job and entering a new role. At the beginning of the program, participants were emotionally stuck due to feelings of rejection, compounded by the instability and uncertainty of being unemployed. The programs covered everything from career evaluation, targeting the job market, resumes and interview preparation, to assisting candidates to improve their LinkedIn profiles. The aim was to refine employable skills and successfully usher participants back into the job market. However, a key underlying component of our role was to restore confidence and alleviate some of the anxieties and that the individuals were experiencing. WorkPlacePLUS offers an outplacement program called SMOOTH CAREER TRANSITIONS, designed for organisations to provide best practice support to employees who are going through a redundancy. Throughout the program, participants engage in reflective practice and career planning, with the benefit of expert feedback and support from our facilitators. For more information, please contact us today. ► Discover more training programs... >