Employers everywhere will always be interested in the hunt for bright and young talent. For an undisputed fact, this hunt is such that will span throughout the year 2019. With the year off to a bright start, small business human resources and SME business support is ever looking for ways to create the perfect and necessary picture to attract the right kind of employee. With the waves of litigation and lawsuits hitting start-up businesses on the Gold coast and the whole of Australia, it is important that HR gets it right when dealing with employing.
First of all, employers seeking to recruit in Australia should familiarize themselves with the Fair Work Ombudsman and Fair Work Australia so that they make sure all legal requirements are met. These bodies are responsible for keeping the atmosphere at the workplace at a non-toxic level.
The Fair Work Ombudsman is an independent statutory office. Their jurisdiction is set out in the Fair Work Act 2009 and services are free to all workers and employers in Australia.
Their main role is to:
- promote harmonious, productive and cooperative workplace relations
- ensure compliance with Australian workplace laws
- monitor certain 457 and 482 subclass visa arrangements.
The Fair Work information Information Statement must be made available to each employee. The National Employment Standards provided under the Fair Work Act 2009 (Cth) requires an employer to provide each new employee with a copy of the FWIS before, or as soon as practicable after, the employee commences employment.
Secondly, it is important to determine the forms of appointment. Human resources in Australia, Gold coast, and Brisbane should be diligent to effectively communicate each form of employment that is available. This procedure allows an employer to recruit the right employee for a corresponding need. This step is necessary to prevent underhand in the appointment process. When all the standards, forms, and entitlement that comes with each job is communicated, the employee’s confidence in HR is set at an all-time high level.
What type of employees do you need?
The type of employees that you choose is a very important decision and you need to be aware of the legal ramifications relating to each employee type and manage them accordingly and appropriately. Follow ‘best practice’ to reduce the costs, minimise legal exposure and develop an engaged workforce.
Types of employees
- Permanent full-time
- Permanent part-time
- Casual employment
- Non-employees such as independent contractor
- Labour hire workers
Your business has its own set of unique operational requirements and what meets your needs won’t necessarily meet the needs of another.
When the forms and types of appointment are communicated, an employer can then proceed to design a job description. This is that procedure that differentiates the “desirable” from the “essential.” It involves a clear-cut description of skill that is needed for each job.
It is important for employers to make a mental note of the fact that, job descriptions when it is not properly constructed often involve a hint of discriminatory language. To steer clear of this pitfall, avoid references to age, sex, and race. For example, ensure direct coaching for women in business as much as men have it.
Furthermore, it is important to decide on the application process. For consulting purpose, it is advisable that the process is simplified so as to take care of people with disabilities and cultural background. Speaking of simplification, it is advisable an online portal is implemented for easy access.
Another important thing to do is to design an impressive employee agreement form. This should adequately cover their occupational health, compensation system, safety system, and remuneration. Although they are entitled to them by law, such as the Australia health and safety requirement, workers compensation insurance etc. Stressing that you care about them will be appreciated.
Finally, although it may seem superficial, it is never too early to plan for advertisements. Remember to capture reasons why they should work with you and put little emphasis on their race, age and sex.
Most importantly, if you are unsure of the process to follow, need some help, support or advice then you can contact the team at Fresh HR Insights Pty Ltd.
A simple solution is to set the foundations from the outset and ensure you have all expectations set out can save you a whole heap of bother down the line. Some small businesses shoot from the hip and make rash decisions, but the team at Fresh HR Insights spend more time on preventive management, like getting your car serviced, so employee’s are behaving in a way that prevent problems happening in the first place. We are super passionate about getting this right that we have created and are GIVING you all the New Starter documents to make sure you set off on the right track when you recruit in our New Starter Kit.
What do you get?
- New Team Member Starter Pack
- Induction/ orientation checklist
- Taking on a New Employee Checklist
- Record Keeping Checklist (Fair Work Act)
- Fair Work Statement
- TFN Declaration
- Superannuation Standard Choice Form
New Year, New Start, New Employees.
New Employee Recruitment – Why getting recruitment right is vital and if you don’t, guess what?
There was the case of the small business that advertised a position for a new receptionist. The appointed interview panel agreed to a points system for assessing the performance of candidates and agreed the post would be offered to whoever achieved the highest score. The interviews went ahead, and the best candidate was agreed. Just the post was offered, the department head decided to give the job to his niece instead. There was a great deal of acrimony and the result was a number of senior personnel handing in their resignation.
Let us, and you, start on the right track.
New Employee Recruitment. A fresh start for everyone is a good idea, and the New Year is as good a time as any to check you are doing everything right by your employees and by potential employees. 2018 has come – and the year ahead may bring many unexpected things your way: success, opportunity, laughter, lawsuits (we hope not), new premises, a new strategy, an industry award, and new staff. If you are looking for new staff, either replacing those who have left or expanding parts of the business and creating new roles, then Fresh HR Insights can help you.
Fresh HR Insights does not want anyone to get into hot water so early in 2018, so let this New Year be the start of good practice in your workplace. Recruitment is not easy, but if done properly it will bear you benefits that mean you will avoid the “lawsuits” in the list above!
It is important that you know the law regarding employees and that you recruit fairly and widely, this will help you reach as many of the right people possible for the job. Don’t forget a secretive closed appointment will create suspicion and anger – always be fair and accountable and old and new staff will respect you.
Remember in August last year, the case of the Railway Union which lost the battle to keep jobs advertised internally? Well we don’t want that happening to your business. Make sure you advertise externally, as well as internally, and that the details of the job are clear, and that terms are conditions are lawful and appropriate to the job.
Good practice is as important as compliance with the law! When you are shortlisting for interviewing make sure the criteria of selection is fair and if possible involve a panel to oversee the process and to make decisions, then respect what that panel decides!
When you interview, make sure the candidates know what your plan of interview is, how long it will be and with whom they will be interviewing. Make the interview fair to all. When you make your selection, make sure you make a job offer that is as promised within the advert placed at the start of the recruitment.
Fresh HR Insights has a lot of experience in recruiting in small and large businesses and has developed many materials that will inform you. We will hold your hand from start to finish. In the words of Oprah Winfrey:
“Cheers to a new year and another chance for us to get it right”
Grab your Recruitment eBook NOW
New Employee Recruitment can be difficult to navigate but not any more with our COMPREHENSIVE eBook that includes all the templates, advice and tips you will need.
Recruiting and selecting the most appropriate person for the job is a complex task which requires trained staff who are aware of anti-discrimination laws and guidelines. Fresh HR Insights Pty Ltd has developed a comprehensive guidelines that will help you to implement a consistent method of recruitment and encourage applications from the widest possible pool. Our comprehensive Recruitment and Selection eBook contains some best practice guidelines for developing selection criteria, advertising, short listing, application forms, testing, interviewing, referee reports, and making the decision, when recruiting and selecting the most appropriate person for the job.
Grab your Recruitment eBook NOW
What type of employees do you need?
The type of employees that you choose to meet your business requirements is a very important decision. Business owners need to be aware of the legal ramifications relating to each employee type and manage them accordingly and appropriately. Businesses should follow ‘best practice’ to reduce the costs, minimise legal exposure and develop an engaged workforce. A well-designed Recruitment Process and New Starter documents also goes a long way to ensure your processes and procedures are effective. This also help integrate new employees for the long haul and not just a passer bye.
Once any employee has been hired, they must be given the Fair Work Information sheet thereby ensuring the employer meets their obligations under the FWA.
Types of Employee’s
- Permanent full-time
- Permanent part-time
- Casual employment
- Fixed-term employment or Fixed-task employment
- Non-employees such as Independent Contractor
- Labour Hire Workers
These employee’s are seen as working on an ‘as needs’ basis with an irregular pattern of work. Each time the casual works it is deemed that they are entering into a distinct and separate contract.
Practically, casual work involves employment for fewer hours than the normal full- time working week. It is normal for casuals to be paid by the hour. As a casual employee there are no accruals of permanent employee benefits such as overtime, annual leave, long service leave, paid personal leave or payment for public holidays.
Their rate of pay does, however, incorporate a loading to compensate for the lack of benefits, which is currently 25%. Casuals have less protection when it comes to dismissal; they are not protected under Unfair Dismissal laws unless they have completed a minimum period of 12 months of service and all casuals are excluded from minimum notice periods.
Unless their relevant award, employment contract or enterprise agreement states otherwise, casual employees can be dismissed at the end of their shift. The rationale for this is that they are typically employed from shift to shift.
Aspects to consider for Casuals and the National Employment Standards
- Casuals are not entitled to minimum notice period or to redundancy pay, regardless of their length of employment
- Casuals cannot be requested or required to work more than 38 hours per week, plus reasonable additional hours
- Casuals will only be entitled to request flexible work if they have been employed on a regular & systematic basis for at least 12 months and they have a reasonable expectation of continuing work on the same basis
- Casuals are not entitled to paid annual leave or paid personal / carer’s leave. They are, however, entitled to unpaid carer’s leave and unpaid compassionate leave (up to 2 days for each permissible occasion)
- Casuals will not be entitled to parental leave unless they have been employed on a regular and systematic basis for at least 12 months and they have a reasonable expectation of continuing work on the same basis
- Casuals are generally not entitled to Long Service leave however, do check with the relevant State legislation
- Casuals are entitled to unpaid community service leave but they are not entitled to paid jury service leave
- Casuals are entitled to take a day off for a Public Holiday however, they are not entitled to be paid for that day off unless they were rostered to work that day
- Casuals should receive the Fair Work Information Statement when they commence casual employment
- Be aware that under some awards, after a Casual has worked on a regular and systematic basis for a set period of time, they are required to be offered full-time or part-time permanent employment
Dismissal of Casual Employees (proceed with caution when dismissing a Casual)
- If the Casual is not exempt from Unfair Dismissal laws they will have the right to claim relief with respect to their termination. Procedural fairness needs to be evidenced and a ‘valid reason’ for the dismissal given
- If the Casual is excluded from Unfair Dismissal laws they may still be able to bring a claim under general protection if dismissed for a proscribed reason such as a ‘workplace right’, discrimination, a breach of contract, award or agreement or a trade practices claim
- Despite the label of ‘Casual’ worker they may bring a claim stating that they are in fact a permanent employee.
Tips for managing Casual Employees
- A letter of appointment should be provided to all casual’s employees. The letter should clearly indicate that the role is casual, that the amount of work offered to the individual will vary from week to week and that work is not guaranteed
- Casuals do not have weekly set hours of work. They should be notified of their hours of work, if any, by the distribution of a roster
- There should be no indication of any kind that casual employees will eventually be moved to a permanent status
- There should be no indication of any kind of any future work beyond one month in advance
- Review casual employee’s employment prior to their six-month employment anniversary or 12 months for small business employees. If a casual has been working on a “regular and systematic basis” for at least six months and the employee has a reasonable expectation of continuing work on this basis then they will have access to unfair dismissal remedies. Even if there has been a short break in the employment the individual will be able to bring an unfair dismissal claim if the total period of employment is at least 12 months. A break of more than three months will generally be sufficient to prevent the employee from bringing an unfair dismissal claim.
- Casuals that perform well can be engaged on a longer basis but care must be taken that the employee only has work rostered week to week and that there has been no indication given of ongoing work or the potential to move to a permanent role.
- If the casual is covered by an Award that gives him or her the right to move to a permanent status then you must ensure that you follow the relevant steps set out in the award or you will be in breach of the award.
Get in Contact today for more information
Business owners face multiple problems and Pain Points while recruiting the correct individuals for their organisations. People lacking in relevant experience, technical competence, specific qualifications, certifications and soft skills, a list real or perceived goes on.
We have worked with many business owners and identified solutions to three most identified Pain Points in recruiting process today:
Attracting the Traffic: The biggest challenge is still how to drive more traffic to your company. The logical process is that a hiring need is identified, a position is defined and posted, candidates find their way to apply through various sources, the candidate pool is narrowed, then the candidate with the best qualifications and fit is identified. To start with, you must exploit all the following networks of marketing.
- Well optimised job postings
- Make a Career Site
- Add a link to your career site in your email signature
- Add content in the shape of blogs, pictures, videos, slides (Info graphics)
- Use social media
- Use internal communications and referrals
Getting the Quality: Once the candidates are on the career site, the next challenge is converting the right traffic i.e., finding the quality. You can either segregate the quality person from the raw or offer additional benefits to the best one. The quality of the applicant is clearly the superior factor. There are many ways to measure the quality of an applicant before you hire them ranging from simple yes/no analysis to more robust pre-employment screening like:
- They get at least one counter-offer
- They are hard to convince
- They fit your competency profile
- Consider the source and reference
- Skills and Ability Testing – Such tests measure the applicant mastery level of specific skills critical to success
- Competency Profiling – A comparatively new technique but very important
- Personality / Leadership Aptitude Testing –To assess the fit of an applicant into the culture of the organisation
- Background Screening
Conversation with Candidates: The final step is to discover the person fit for your organisation through interviews. Interviews are of various types that range from formal to informal. To find out maximum about a candidate, you may prefer informal interviews. Remember that an applicant will expose more through easy conversations rather than stringent cross-questioning. Any great question can open up the conversation to find out more and more about a candidate. Job conversation is one of the most successful hiring strategies around the world. Candidates normally expect a formal question and are accordingly prepared with specifics. Conversely, an open-ended prompt gets candidates talking about what they are dying to do for your company. This gives you an insight into their passion and what value they can add to your organisation. Easy conversations and not interviews, will give you more insight on what you and the candidate are offering each other and whether you should work together.