Ignite HR and Employment Law

Ignite HR & Employment Law are off the Aged Care Aged Care Industry conference this week

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🤝Let the Workplace Advice Line be your trusted ally in the world of aged care HR. Because the best results come from working together.

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https://ignitehr.com.au/services

📢 Annual Wage Review 2023-2024 Update!

👉 The Fair Work Commission (FWC) has spoken! Here's what you need to know:

1️⃣ Key Tasks: FWC reviewed the National Minimum Wage and minimum wages in 121 modern awards.

2️⃣ Impact: 20.7% of Aussies, approx. 2.6 million, are affected. Factors considered include employee demographics and economic effects.

3️⃣ Decision: Both National Minimum Wage & award rates to increase by 3.75% from 1 July 2024.

4️⃣ Why: To address cost-of-living pressures and maintain real wage rates.

5️⃣ Gender Equity: Initiatives in place to tackle gender undervaluation in specific sectors.

🔍 Need help navigating these changes? Ignite HR & Employment Law is here to guide you through. From payroll updates to employee communications, we've got you covered. Stay compliant, stay ahead! 💼✨

https://ignitehr.com.au/blog/annual-wage-review-2023-2024-666117e48f485

🔧With us, you're not just fixing problems - you're building stronger foundations for the future of your organisation.

https://ignitehr.com.au/

💼We're not just a service, we're a partner. We understand your needs and work tirelessly to support your organisation.

https://ignitehr.com.au/services

In the heart of every thriving aged care organization lies a dedicated team committed to fostering an environment of care, respect, and dignity. It's a sector that demands not just professional expertise but a profound understanding of human connection.

In our blog post we explore how the landscape of Human Resources (HR) in aged care is evolving, particularly through the lens of best practices under Standard 7 of the Aged Care Standards.
https://ignitehr.com.au/blog/the-future-of-hr-in-aged-care-66416bfe8f51f

👩‍💼Managing HR in the aged care sector is no small task. Our service ensures you never have to navigate these challenges alone.

https://ignitehr.com.au/

📚From complex legislation to employee relations, we've got the knowledge to help you thrive. No jargon, just clear, actionable advice.

https://ignitehr.com.au/

In the dynamic and demanding field of aged care, HR professionals face a unique set of challenges. From managing a diverse workforce to ensuring compliance with Fair Work regulations, the road to effective human resource management is paved with complexity.

The following guide provides information on our Workplace Advice Line, which sheds light on these challenges and offers actionable strategies to overcome them.
https://ignitehr.com.au/blog/navigating-hr-challenges-in-aged-care-66414925eec57

📞Need a lifeline in the world of aged care HR? The Workplace Advice Line is here to help, offering instant access to expert HR advice.
https://ignitehr.com.au/services

Ignite HR & Employment Law is here to help with employer or employee matters. Our team is equipped with resources and expertise to advocate on your behalf, and to find a solution that is tailored to your needs.

We will be closed for ANZAC Day and reopen on Friday 26 April. Lest We Forget.

As we commemorate ANZAC Day and reflect, it is essential to recognize the profound impact this day has on individuals within our community, including our aged care recipients.

At IgniteHR and Employment Law, we understand the importance of providing support not only to those in our care but also to dedicated staff. We recognize that events like ANZAC Day can evoke a range of emotions, memories, and reflections for both residents and team members.

We want to assure you that we are committed to supporting staff during this time and beyond. If you do not already have an Employment Assistance Program (EAP) in place, we encourage you to reach out to our team to assist you with developing an EAP for your facility.

The Fair Work Commission has launched a significant research project addressing occupational segregation and gender undervaluation, following amendments by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (SJBP Act).

The project will be conducted in two stages and will look at awards that cover gender-segregation and their historical context.


https://ignitehr.com.au/blog/research-project-on-gender-pay-equity-661345e7cf0d0

A significant reform to the Fair Work Act 2009 (Cth) has been brought about by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. These reforms are designed to enhance fairness and clarity in employment relationships, are now in effect.

1. Casual Conversion
2. Right to Disconnect
3. New Definitions of ‘Employee’ and ‘Employer’
4. Minimum standards for ‘Employee-like Workers’
5. Right of Entry for Investigations

These reforms signify a significant step toward fair and equitable workplaces, protecting the rights of both employees and employers.



https://ignitehr.com.au/blog/fair-work-act-reforms-2024-661340728485f

We are excited to share the news that Karen has joined the upcoming Women’s Leadership Development program with Suzy Miller!

Engaging with us as a third-party provider for your employee, workplace, or industrial relations matter minimises and mitigates internal bias, pressure, and risk for your organisation as we operate independently, without the distraction or bias-introducing operational context. 🤝

With decades of experience in this area, we provide support in all things "relations" including Enterprise Agreements, workplace investigations, performance management, conflict resolution, terminations, and transfer of business.

Uniquely positioned, we utilise both employment lawyers and human resources professionals to provide tailored solutions for our clients and operate within the legal framework and intertwine best-practice HR to deliver outstanding results.
Our team would love to talk to you about your employment law & HR needs. Contact us to on 1300 446 483 or send us an email: [email protected]. 📞

We've had the pleasure of collaborating with Ben and his exceptional team for the past few years, and it's been nothing short of remarkable to witness their organization's growth and success during this time.

We're grateful for the ongoing support and opportunity to contribute to your organization's journey. Here's to many more years of partnership and prosperity together! 🌟

Ignite HR & Employment Law will be closed this Friday and Monday. We will be back in the office on Tuesday 2nd April 2024. Happy Easter! 🐰

Our team of experienced Human Resources professionals are here to help you navigate the complex world of employment law, compliance, and best practices. Whether you have questions about hiring, employee relations, compensation, benefits, or anything in between, we have the expertise to provide you with the answers you need.

We are available to provide guidance and support to employers like you. With our expert advice, you can feel confident in your decision-making and ensure that your workplace is a positive and productive environment.

Our Workplace Advice Line provides timely and practical solutions to your Human Resources challenges, so you can focus on growing your business. It is a budget-friendly subscription-based service that provides phone and email advice and support to organisations. Spanning across human resources and workplace and industrial relations, our team assists with providing expert knowledge and expertise to our members to ensure that they are operating within legal frameworks and considering best-practice.

https://ignitehr.com.au/services

📣News alert:

The Fair Work Commission (FWC) has concluded Stage 3 of the “work value proceedings” concerning wage adjustments in the aged care industry. This decision, denoted as [2024] FWCFB 150, carries crucial implications for workers covered by the Aged Care Award 2010, Nurses Award 2020, and Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS).

Check out our blog for all the details.
https://ignitehr.com.au/blog/aged-care-wages-fair-work-commission-delivers-key-decisions-65f8bae2b5515

We recently had the pleasure of working with Paul to assist him with a matter at his organization 🤝

Thank you for entrusting Ignite HR and Employment Law with your case. We look forward to providing further assistance in the future

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 has introduced several amendments since December 2023 and there are still more to come this year.

ℹ️ Let’s recap the changes that were put in place in last year:
• Combating discrimination: protections in place for employees that experience family and domestic violence.
• Redundancy pay rules
• Power of workplace delegates
• Union official entry: health and safety representatives no longer need an entry permit.
• Mandatory conciliation conferences: In cases involving protected action ballots, mandatory conciliation conferences at the Fair Work Commission (FWC) are now mandatory.

🆕 The changes that will be introduced in 2024:
• Modern awards overhaul: As of 1 July 2024, the FWC will have authority to vary modern awards regarding workplace delegates’ rights.
• Labour hire laws: As of 1 November 2024, the FWC will have the authority to issue orders regarding labour hire workers.

❗️ In 2025 we will see a trend towards criminalizing intentional underpayment of wages and entitlements. Penalties can reach up to three times the underpayment amount or $7.8 M for companies, in addition to jail time.

✅ Stay ahead, stay informed, stay compliant – Give us a call for expert help in meeting your legal obligations.

We have an expanse portfolio in handling Fair Work Commission cases for both large organizations and individuals, this has provided us with the necessary tools to effectively assist teams like Damien's.

We have collaborated closely with workforce teams at every level to ensure that announcements are communicated clearly about how developments may impact each team.

Damien, your support is greatly appreciated. Our team is looking forward to working on future projects with you.

The Australian government's Migration Strategy unveiled on December 11, 2023, introduced significant changes to immigration, including a new "Skills in Demand" visa emphasizing temporary skilled migration and pathways for permanent residency, along with measures to combat worker exploitation and streamline the migration system.

Additionally, adjustments to student visas aim to enhance the quality of international education, while employers are encouraged to adapt policies to accommodate visa holders and address industry skill gaps.

Check out the full blog post using the following link:
https://ignitehr.com.au/blog/australias-new-migration-strategy-65a72b34a370e

We were delighted to collaborate with the management team at Shepparton Villages on their roster implementation project.

Our aim is to offer a holistic approach to reviewing processes, tailored to meet our clients' workforce needs and cultural values. By combining our expertise in employment law with industry-specific knowledge, we ensure a personalized approach.

Thank you to the team at Shepparton Villages for the ongoing support and working relationship.

Crafting effective workplace policies amidst complex challenges involves considering various factors. In Australia, challenges arise in drug testing due to the lack of easily administered tests for substances like cannabis.

Policy development is further complicated by the lack of regulatory guidance on detecting CBD and THC objectively.

Recent legal cases highlight the importance of clear policy communication, aligning with disciplinary procedures, and considering mitigating factors in dismissal decisions, especially concerning medicinal cannabis use.

Employers are advised to review and tailor their policies to comprehensively address risks, establish transparent reporting procedures, and implement support mechanisms like Employee Assistance Programs (EAPs) to ensure employee well-being.

You can read more about recent updates here:
https://ignitehr.com.au/blog/medicinal-cannabis-drug-and-alcohol-policy-65ba76cc6910d

There will be an opportunity to connect with policy experts in person at the Newcastle Cruising Yacht Club on 6 March 8:30am - 11am. For more information and to register, use the link below.

https://www.eventbrite.com.au/e/medicinal-cannabis-workshop-know-the-risks-for-your-business-tickets-819234772257

Our leading employment lawyer brings a unique perspective to delivering employee agreements, drawing from her wealth of experience in the aged care sector. With a track record of success, she ensures agreements meet both legal requirements and organizational principles 📑

If you are in the process of negotiating an employee agreement, reach out to us to book an appointment and discuss the process further 📞

📆 Effective 30 December 2023, employees will be able to provide employers with a single authorisation to make deductions that are recurring or that vary from time to time.

📝 Under the Fair Work Act amendment, the Protecting Worker Entitlements provisions provide limits on what can and cannot be deducted from employees’ salaries. Here are some of the key updates to keep in mind:

• Employees can authorise deductions that vary from time to time via writing, without having to issue a new written authorisation.
• Varying deductions are not permitted if it benefits the employer directly or indirectly.
• Deductions authorised can only be for specified amounts that were agreed in writing.
• Employees can still withdraw authorisation at any time.
• Employees can specify an upper limit for deductions.
• Existing deduction arrangements can remain as long as they meet the requirements of amendments.

✔ A deduction is lawful if:

• The employee agrees to the deduction in writing and it mainly benefits them.
• It is allowed by law, court order, or the Fair Work Commission.
• It is allowed under the employee’s award.

❌ A deduction is unlawful if:

• It benefits the employer, and it is unreasonable in circumstances.
• It requires the employee to make a direct payment to the employer or related party, and it only benefits the employer.
• Pay is deducted from an employee that is under 18 years without the permission of a parent or guardian.

✅ Employers would benefit from updating their payroll processes to ensure compliance. Further guidance can be found in the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth).

🙋‍♀️ If you have any questions related to this reform and how it is going to impact your business, contact us for a 15-minute consultation (https://ignitehr.com.au/connect).

With staff shortages, out of work parties and events and pressures on rostering many of the industries including aged care, NFP and Allied health are struggling to provide basic services to their clients.

Of course, employees who are unwell can access their leave when they are unwell or where they must care for someone in their direct family.

However, there are also other reasons that employees call in sick regularly or at the last minute these include:
• Illness/injury
• Mental health issues
• Childcare
• Burnout
• Unspecified reasons
• Conflicts with other jobs
• Bullying in the workplace
• Domestic violence
• Performance issues

👓Here is what you need to know as an employer:
• Keep a paper trail of all your communications between you and the employee.
• When unplanned personal leave is being used and it becomes excessive for example, beyond the annual 10-day NES provision, it may be time to undertake do a report and speak to the individual about any concerns you may have addressed those with a follow up letter to the employee concerned.

☝We recommend taking some proactive steps:
• Consolidate sick leave taken by your employees for a period we recommend at this time of year do a report over the last 12 months. The report will tell you whether there is a pattern or excessive unplanned sick leave.
• Review this report with team leaders and analyze where if this can be addressed by your leave policy and in line with Fair Work and WHS requirements.
• Ensure that there are clear lines of communication between you and your employees to foster an environment of open and honest communication.

📞If the issue persists and you notice that it is disrupting workflow, impacting productivity, and creating staffing issues, contact us for a 15-minute consultation (https://ignitehr.com.au/connect).

🤝We have worked closely with several aged care providers to help them alleviate their employee concerns and can provide solutions that are tailored to your business needs.