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Understanding the Legislative Framework and what is changing And HR Strategies to meet these changes. Legislative Landscape. 1988 Industrial Relations Act (Cth)1992 Credit Union Award (Vic, NSW,ACT)1996 (Dec) Workplace Relations Act (Cth)1996 New Credit Union Award2005 (Mar) WorkChoices In
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1. Board Awareness of Human Resources & Industrial Relations Strategic MattersPresentation to Mutuals Audit & Governance Professional Institute16 Annual Conference Sydney 2-3 October 2008
2. Understanding the Legislative Framework and what is changingAndHR Strategies to meet these changes
3. Legislative Landscape 1988 Industrial Relations Act (Cth)
1992 Credit Union Award (Vic, NSW,ACT)
1996 (Dec) Workplace Relations Act (Cth)
1996 New Credit Union Award
2005 (Mar) WorkChoices Introduced
2007 (May) Fairness Test Introduced
2008 (Feb) AIRC commences Award Modernisation
2008 (Mar) Changes to Workplace Relations Act - Transition to ‘Forward with Fairness’
4. What Changed under WorkChoices? Spelt the end of the State IR Systems
Introduction of the Fair Pay Commission
Australian Fair Pay and Conditions standards
Focus on AWAs
Fairness Test introduced
Online Agreement making
More options for agreement making
Tightening of Right of Entry powers
5. Amendments To WorkChoices Legislation passed in March this year
Transition to ‘Forward with Fairness’ Act
We will not see major changes until 2010
WorkChoices as we know will remain largely intact
Changes will be slow and inremental
6. First Round Changes Amends only a small part of the Legislation
No new AWAs
ITEAs introduced - very short life span - to Dec 09
Revised ‘No Disadvantage Test’
New rules for making and terminating Agreements
Award Modernisation commenced Feb 08- Finance & Investment Services award comparisons now underway
7. No Disadvantage Test Applies to Agreements and ITEAs
Assessed by Workplace Authority Director
Done at the time of lodgement and employer notified if Agreement fails
Agreements and ITEA’s only start 7 days from date they pass
Test is based on the overall conditions of Agreement or ITEA compared to those of a nominated award
8. Changes in 2010 10 National Standards to be introduced
As part of the award modernisation process they will contain only 10 ‘allowable matters’
The Government is to have all IR matters under 1 banner - FairWork Australia (includes the AIRC)
9. What are the new National Employment Standards? 38 hours per week
The ability for parents to request ‘more’ flexible working arrangements
Parental Leave
Annual leave
Personal/Carers and Compassionate leave
Community Services leave (SES etc)
Long Service Leave
Public Holidays
Notice of termination and redundancy
Fair Work information statement
10. Allowable Award Matters Min wages, classifications & incentive payments
Employment types, shift & flexible working arrangements
Overtime
Penalty rates
Annualised salary/wage arrangements
Allowances
Leave and loading
Superannuation
Dispute settlement procedures
11. What does all this mean for employers? Awards will be restricted to the 10 matters
Segment or industry type awards may become more generic
This process has started - FSU has made submissions to the AIRC
There will be continued emphasis on Agreement making - FSU is already active
12. What initiatives have been introduced? More flexible LSL arrangements including cashing out
Part cashing out of accrued annual leave
Notional weekends - 7 day trading
New classification structures
Performance based pay structure
Paid parental leave
After hours training
Flexible working arrangement - work life stlye balance
13. Human Resources Strategies In today’s complex employment landscape, employers should be aiming to:
Identify, recruit, train, develop and retain a talented, diverse and motivated workforce
And ensure that recruitment and retention strategies are those aimed at reducing the loss of employees the organisation does not want to lose
14. Human Resources Strategies Employ an effective selection & recruitment process
- ‘right person – right job fit’- key to success
- Recruitment Policies
- Position descriptions
- Money? Know what the position is worth
- Recruitment process – Outsourced? In-house?
- Selection criteria – who makes the decision
- Visible costs of replacement between 50%-150% of annual salary
15. Human Resources Strategies Effective Induction Program
Giving a consistent perception of the organisation
Mentoring plan
Coaching plan
Communications plan
Plan to review performance regularly and give feed back
16. Human Resources Strategies Training and Development
Ensure that a policy exists that at least formal performance review is undertaken yearly
Helps to identify training/development gaps
Process needs to contribute to a balanced and realistic feedback
Work with staff to develop a career path which will help them with achieving job satisfaction
Process should work to differentiate , reward & manage staff performance
Personal development/career advancement
17. Human Resources Strategies Reward & Recognition
- Both have significant impact on performance & development
-Industry minimums may not be enough to both attract and retain as they don’t recognise the complexity of many of the jobs
- Research the market
18. Human Resources Strategies Work/Life Balance
- flexible hours
- flexible employment contracts
- carer responsibilities
- flexible leave arrangements
- job-share arrangements