Already Had a WR Review? Why you should review your review?
We have spoken to clients who have previously undertaken a similar process in the past and feel like a WR Review is a “set and forget” project. However, legislation and Modern Awards are constantly changing and with the Awards there was some big changes beginning in 2020 which are still taking place today. We asked one of our Senior HR consultants Jason Norrie why in his view your should “review” the “review”
Please see below for a full transcript of this video
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Transcript
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Next one I wanted to talk to you about is we’ve spoken to clients
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who have previously undertaken a similar process in the past and feel like
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their workplace relations were reviewed no matter how comprehensive it was done.
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And it may be done by a specialized HR person,
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but they feel like it’s a set and forget project.
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Once it’s done that’s it I can forget about it forever.
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But as I understand it, legislation and modern awards are constantly changing.
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And with the awards there were some big changes
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beginning in 2020, which I understand is still taking place today.
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Do you have any insights that you can share on that?
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Well, yeah, the
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the modern awards, when they were made in 2010, were actually meant
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to go through a 4 yearly updating process.
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They realized how big of a task that was at the 4 year stage,
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and they didn’t actually release their first major
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updates until 2020 period.
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They have scrapped the 4 year update model they are slowly working through
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the majority of the awards.
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Most of them have the 2020 title on them at the moment.
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You might find a few small ones out there still, such
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as Hair and Beauty, which is 2010.
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But it doesn’t mean that these awards won’t get an update
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or haven’t had updates.
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The Fair Work Ombudsman actually Fir Work Commission
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from precedent cases or applications made to the Commission.
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Update them all the time though, and it’s
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one thing to understand that the award that would cover your business now
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or has covered traditionally covered your business, but it’s something
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the businesses should at least review yearly on every financial year
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or when they’re specifically working with a specific clause
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such as meal breaks or how overtime may apply, that
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they just refresh themselves with that specific caluse in the award
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because it could have got a mid year update or case
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or precedent could have pushed through a change to the Fair Work Commission.
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The SCHADS Award had another big update
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just recently where they’ve gone through and changed a lot of mechanics
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and the way things worked and tried to put in a lot more into plain
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English to make it more understandable.
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A lot of awards recently.
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The 2020 update also got
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tables, put in them about minimum rates of pay or common allowances
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throughout the award to make them a lot more clearly identifiable.
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And we have to put all these together for either annualised salary
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or just common law, salary arrangements.
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Yeah. That’s a lot of changes.
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I know.
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The but the SCHADS Award is your favorite.
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We work with a lot of not for profit organizations.
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And basically so we’re dealing with this award quite often.
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And yeah, it’s one of the more challenging ones.
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Well, I
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was going to say this is basically 4 awards all mushed together.
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So that’s what makes it more complex.
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You’ve got to understand which which segment of the award
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are you thinking about and how it applies to the industry that you’re in.
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And I think that’s is the most complex piece about it,
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is that you’ve got to understand your stream
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and then which clauses relate to which stream.
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That’s why it’s complicated in some cases, not to mention the application schedule.
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Makes sense.
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I’m glad it’s you not me going through that.
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The other the other thing that’s, I think staying well reported in the media
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around change has been there’s been some significant changes
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in regards to the casualization of the workforce.
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We’ll have casuals a deal t with.
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I guess in the media they’re reporting that as as a country
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we’re becoming a little bit more casualised in terms of our workforce
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and associated changes have been made.
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Do you have any
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anything that you can share around some of the changes that have happened
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with casual employees and things that businesses
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need to be aware of that’s covered in our workplace relations review?
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Well, we’ve gone through a lot of changes with the casualization,
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and when we talk about casualization, it’s basically
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the government want to secure work for Australians as best as possible.
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They always look at that unemployment rate
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and they’re trying to secure permanent employment as best as possible.
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We haven’t gone through all of our casual legislation changes.
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There’s wind that there’s more coming through with some of the promises
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the current government has made that they will be trying to have a look
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at that system again and ensure that it’s meeting
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the needs of Australia as best as possible.
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It could be rolling back some of the current changes
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or even implementing new ones.
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And it’s not just for casual workers, it’s also going to affect fixed term
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contracts and successive rolling contracts going back to back.
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So with that changing
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space, we just have to
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look at what the precedents are and ensure that from the current standards
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and the changes that we went through in the last few years with casuals that
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we’re putting together, the best clauses that are ultimately possible
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for the business.
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I was just speaking to a client yesterday about casual loading
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being one very specific piece and how we reported on payslips
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and whether or not if it’s separately identifiable
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and if it is and we can clearly identify how much the vcasual loading is
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and if an employee’s ever deemed to not be casual, well,
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that’s a good opportunity there for recourse to be able to recall that
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if employees is ever deemed permanent.
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I think all of that is a really good advertisement
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of why the workplace relations review is not simply set and forget.
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I know with the casual I guess changes just as an example,
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they’ve gone from at one point from a common law definition
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to a casual employee across to it being legislated in the Fair Work Act.
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And now it sounds like potentially the current federal government
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are looking to change it back and that’s just a really good example.
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Why you can’t simply put something in place and leave it in place
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for ten years and then dont look at it again