SWEATING THE SMALL STUFF

In the last few weeks I have been engaged to assist resolve particular issues arising within different small businesses.

In the first case, the owner took on a manager who within three months had caused a series of complaints alleging sexual harassment. Upon further investigation, it was found that the manager had not disclosed a previous conviction for related offences.

In the second case, the owner employed a new bookkeeper who managed to steal over $25k within two months. Further investigation revealed a series of debts arising from a long period of unemployment.

In the third case, the owner had employed an experienced operator who had claimed various certificates and levels of experience which were subsequently found to be inaccurate.

In the fourth case, a senior employee failed to carry out certain instructions, the result of which was that the business lost significant revenue.

In each case the employee left their employment and the business suffered significantly as a result of what took place. The examples only serve to highlight the importance of good procedures for recruitment and managing the business.

It is particularly important to undertake a rigorous selection process – no matter how urgent it is to take someone on, or how much you rely on ‘gut instinct’ always take the time for interviews, reference checks and confirmation of previous employment.

All roles should have at least some written document setting out areas of responsibility, if not an actual job description. Day to day performance and key areas of the work should be regularly reviewed to ensure there are no emerging issues.

The cost of not taking preventative action could prove more costly in the long run.

ENTERPRISE MIGRATION AGREEMENTS – THE NEW BATTLEGROUND

The furore surrounding the approval of the first Enterprise Migration Agreement is to be expected – it is actually something the Gillard Government said it would introduce.

Much of the debate really centres around the issue of whether Australian workers are displaced by the use of EMA’s.

It needs to be understood that Australia has operated a visa system for a number of years. From time to time, Governments amend the rules for business migration to meet specific needs in the economy. The new EMA process merely reflects a more effective means of applying what was a often a complicated and time consuming process to the realities of large scale multi-billion dollar projects.

The reality of course is that such projects are owned by very wealthy individuals or very profitable companies – it really would not have mattered whose EMA was approved first, it would still have been subject to considerable opposition.

What is also clear is that we do need a much more effective system for ensuring that there is no displacement of Australian workers.

Companies which seek to have an EMA must be able to demonstrate that they processed ALL applications from Australian residents who seek work on the same projects. It seems somewhat anachronistic that a company able to develop state of the art extraction and mining processes, cannot process applications in a timely manner. If companies are unable to do this then perhaps Government will need to intervene to establish a better system.

Those seeking EMA’s need to be very clear as the commitment being made to ongoing training to meet future skill needs. This is a requirement for EMA approval and is likely to be the area where Government scrutiny will need to be particularly vigilant.

Recent history suggests that the Government has failed to maintain the standards across industry that are required and it is this focus which will continue to play out in the political arena.

LEADERSHIP AND THE COMFORT ZONE

By Ron Jones
HR Management & Workplace Relations Consultant

I have often wondered how we should prepare those we expect to take on leadership roles in our organisations.

There are many leadership programs in place and a considerable amount of money is spent developing and implementing the right program for the organisation concerned.

It often seems that the only people who get access to such programs are those already in positions of senior management or those on some ‘fast-track’ program for high achievers. Of course, many of these individuals will have been chosen because of their inherent capacity to already meet some of the challenges of their positions. The expectation therefore is that they will rise to the occasion when the organisation needs them to take on a change management exercise, or manage a restructure, or some other significant event.

We also expect that our managers can develop much of their leadership capability through a particular program: that somehow they might acquire the competencies necessary for leading by example, modelling the way or something similar.

My personal view, from reading much of the literature on leadership and from hearing of the personal experiences of those we admire as leaders, is that leadership characteristics are typically highlighted through the behaviour which is exhibited when those persons are forced to act outside of their comfort zone. I cannot think of anyone who I would describe or characterise as a leader because of their behaviour in doing what is normally within their day-to-day sphere of comfort. If you think about the circumstances in which we describe the role of those who have ‘stepped up’, it is always set in a context of the unknown.

Our traditional method of selecting people for senior roles where leadership is required is to choose those who have performed well in what they already do. It is little wonder that many of them fail to deliver the inspirational leadership required of them.

This suggests to me that HR practitioners within organisations have to look for alternative ways of identifying the leadership potential within their organisations.

One area to explore is the development of various experiences which are specifically designed to take managers out of their comfort zone and provide challenges directly linked to key leadership competencies.

For example, a structured program of work providing volunteer assistance within a disability service organisation or assisting the long term unemployed might be specific ways in which potential leaders can be confronted through being taken out of their comfort zone. Being responsible for delivering a particular project within such an agency will provide challenges that directly relate to many of the competencies in any leadership profile and allow for a more effective means of assessing future leadership potential.

HR practitioners need to think outside their own comfort zone to provide more effective leadership solutions for their organisations.

This article was written for Human Resources iQ.

HR – THE NEED FOR COMMUNITY ENGAGEMENT

By Ron Jones
HR Management & Workplace Relations Consultant
Written for Human Resources iQ

I have reflected on various events in communities across the UK, USA and Australia over recent months.

The specific circumstances of cause and effect in each situation will continue to be the source of continued debate and enquiry by politicians, academics and community leaders for some time to come.

Some years ago I did some work on school to work transition with a school community that was located in an area where there was the highest unemployment rate and highest suicide rate in the country. There were over 70 teachers at the school and only 1 lived within a 35 km radius of the school. As a consequence, students felt that no-one in the community really cared about them or their future.

I suspect that much of the recent violence we have witnessed in our communities comes from a lack of disconnection at a very fundamental level: would you throw a rock through the window of a business that a friend or family member worked in?

My approach therefore is to try and look beyond the cause and begin a discussion around what might be some useful actions that could be a way of building a new level of community engagement.

HR practitioners in many enterprises have always sought to highlight the credentials of their firm in contributing to social and community benefit: now we have a strong argument for building on this approach and developing a cohesive community engagement strategy.

In part this means knowing why we are part of a particular community: why is our retail outlet or production plant in that location. This requires our businesses and organisations to be able to justify their role and responsibilities within the very communities they help form by virtue of their very presence.

This then requires a commitment to, and investment in, building and re-creating local relationships.

Key components of this community engagement framework include:

• Building opportunities for staff to engage directly with local groups such as schools, arts and sporting organisations for example through volunteer work, promoting their activities, offering sponsorships
• Providing speakers for local community groups on topics such as careers, leadership, the role of the organisation, what value it provides to the local area, why it is located where it is, history and future plans etc
• Allowing schools and other community based organisations to undertake work experience programs, doing site visits
• Offering scholarships for talented locals to support their future career and personal development goals
• Advertising job vacancies in the local community before going broader – establishing a local jobs board with schools, education institutions, community groups in the area
• Involving local community organisations in the discussions about future opportunities
• Promoting/hosting local community events
• Providing mentors to build capability within the community.

Many of these types of activities are undertaken by most businesses to some degree already.

The focus now should be on using these as part of an overall and deliberate strategy designed to re-connect with local community goals and to be seen to be a part of the community rather than being seen as directly oppositional to it.

Building a strong sense of community within organisations will require HR to identify and promote some new values and competencies.

These will include:

• Developing motivation and a genuine desire to engage with local community members
• Identifying a focus based on outcomes – what does the business want to achieve by developing a level of community engagement
• Relationship and trust building – how will the business seek to build accessibility, consistency and continuity of contact
• Inclusiveness – the value of recognising and supporting diversity and the competencies of broader participation and communication
• Providing leadership within the community – demonstrating support for community issues through an articulated statement of values

HR can play a role in building these competencies within the business and actively seeking ways of using the community engagement framework as an active source of new talent.

The results may prove beneficial not only to the business but also to the local community.

WORK HEALTH AND SAFETY

From January 1, 2012, new Work Health and Safety laws will apply across all workplaces in Australia.

In many cases the new provisions reflect existing arrangements: however there is now an even stronger commitment by the regulatory authorities to ensuring compliance with national standards. Business will be expected to be able to demonstrate compliance through specific risk plans and other required documentation. Penalties for non-compliance are considerable.

Some essential elements of the new arrangements include:

• Responsibility within the business for identifying and consulting on risks and hazards
• Preparing a risk assessment for various hazards
• Ensuring that control mechanisms remain effective
• Keeping effective risk management records and documentation
• Demonstrating that Health and Safety policies are up to date
• Compliance and best practice requirements set out in a series of Codes of Practice:
• How to manage work health and safety risks
• How to consult on work health and safety
• Managing the work environment and facilities
• Managing noise and preventing hearing loss at work
• Hazardous manual tasks
• Confined spaces
• How to prevent falls at workplaces
• Labelling of workplace hazardous chemicals
• Preparation of safety data sheets for hazardous chemicals
• How to manage and control asbestos in the workplace
• How to safety remove asbestos, and
• Facilities for construction sites.

The new arrangements will also require businesses to engage in greater levels of consultation with suppliers and contractors to ensure that all risk areas have been adequately covered.

Having a strong commitment to a safety culture embedded across all areas of the business will contribute significantly to ensuring compliance with the new Work Health and Safety Laws.

For further information and advice, please contact me as below.

Ron Jones

Mobile: +61 427 273 283
Email: ron@rightworkadvice.com.au
Web: www.ronjonesconsulting.com.au
Mail: PO Box 1973 WEST PERTH WA 6872
LinkedIn: http://www.linkedin.com/in/rightworkadvice

How Fair Does it Need to be?

By Ron Jones
HR Management & Workplace Relations Consultant

Much has been written recently on the need for improvements in the Fair Work Act 2009. The groundswell of opinion has been mounting for some time, and has intensified in recent weeks.

There may be a number of reasons for this: genuine concerns as to limitations of the Act; the build up of pressure for a review that must be conducted soon anyway; and the possibility of adding a further nail in the coffin of a Labor Government.

It must also be remembered that much of the bleating coming from various lobby groups is just sour grapes: bodies such as ACCI and the Australian Industry Group were heavily involved in the proceedings that led to the current system. They predominantly represent the interests of large corporations which have the resources to deal with the changes. To listen to them now, you would think they had been asleep for the last few years. Actually, they probably were if they failed to fully comprehend how the new system would play out. Such groups need to be careful to avoid an accusation that they are really only complaining now because they failed to advise their members how to deal with changes and how to defend themselves against the unions.

In my view, there is much to be applauded with the new modern award system: it has removed many of the problems of Work Choices and created a genuine attempt to build a stronger enterprise focus for workplace management.

However, there are areas where reform to the new modern award and individual flexibility arrangements is needed.

Some examples of areas of concern are: differences in implementing time and a half and double time for overtime; minimum times for employment of casual staff; clarity around when a casual ceases to be deemed a casual and what arrangements should be implemented when a casual is converted to part time or full time; transition arrangements from old awards; clarity as to the determination of award free status.

It is also important to recognise that the changes have had, and continue to have, a significant impact on many small to medium size businesses. Many business owners are struggling to fully comprehend the changes and what they need to do to ensure compliance. There is a real need for a moratorium on prosecutions until a full education campaign has been conducted.

How confident are you that your workplace meets the required standards?

By Ron Jones
HR Management & Workplace Relations Consultant

It is now 18 months since the commencement of the modern awards under the Fair Work Act and a lot has changed during that time.

It is more than likely that your payroll system has made the changes necessary to ensure staff are receiving the right pay and allowances.

Hopefully you have included redundancy entitlements in the conditions of employment offered to staff.

You will also have your staff on either a contract of employment which refers specifically to the award or you will have a negotiated enterprise agreement.

Your leave entitlements will also follow the National Employment Standards so that permanent and long term staff, including casuals, can obtain benefits for carer’s leave, community service leave and long service leave.

Of course, you will have also made sure that you don’t have any long term casual staff performing regular work.

And, your policies and procedures preclude the possibility of an adverse action or unfair dismissal claim against you.

The reason why all of these things will be in place is because you want to do the right thing as well as avoiding any possibility of being fined $33,000 each time you make a mistake.

Perhaps you are not sure if all of this is in place.

Just to be on the safe side it might be timely to have someone do a review and advise if there are any compliance issues.

You can help safeguard your organisation for just a small investment.

Please contact Ron Jones Consulting to discuss further.