HR in Health

www.healthindustryes.com.au

The information in this presentation is basic, general information only. It is not a detailed explanation of the law and it should not be relied on as legal advice

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What is your role with the Practice?

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Learning Objectives

• Adapting to the latest �HR Legislative changes
• Strategies to keep your practice compliant 
• Establishing a pro-active HR mindset for tomorrow’s practice
• Case Study – Defusing the �HR  Timebomb 

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Reactive HR

What reactive HR issues might we �deal with on a day-to-day basis?

What Reactive HR issues do you deal with?

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“Reactive HR is a response to issues or situations as they arise, rather than proactively planning to avoid them”

Changing HR Landscape

Workplace Law Changes

• 1 July 2023 – Changes to unpaid parental leave provide greater flexibility ​�
• 6 December 2023 – New Fixed Term Contract Information Statement ​�
• 12 December 2023 – Sexual harassment expansion & positive duties on employers introduced ​�
• 15 December 2023 – New discrimination protections against discrimination for employees experiencing family and domestic violence.​�
• 15 December 2023 – Small business redundancy exemptions where business was previously non-small business but downsized in period leading up to (or after) becoming bankrupt or going into liquidation ​�
• 15 December 2023 – Workplace delegates’ rights increased  + The requirement for officials assisting a state or territory work health and safety representative to hold an entry permit under the Fair Work Act has been removed.​

• 30 December 2023 – Employee authorised deductions Additional information required. Check out the HIES Payroll Deductions Form on the Member Portal �​
• 1 January 2024 – New Fair Work Information Statements & Casual Information Statement ​�
• 1 January 2024 – Right to superannuation in the National Employment Standards ​�
• 12 February 2024 – Closing Loopholes No.2
1. Casual Employment
2. Right to Disconnect �
• 1 January 2025 – Criminalising intentional wage underpayments 

There have been changes to the Fair Work Act as part of the new ‘Closing Loopholes 1 & 2’ laws.​

• General rule will be that an employee is a casual employee ONLY if there is: 

  (a) No firm advance commitment to continuing & indefinite work; and 

  (b) The employee receives a casual loading 

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• Factors that will be assessed in determining whether general rule is adhered to: 
• The real substance, practical reality and true nature of the employment relationship
• Employment type and terms of contract 
• Whether there’s a regular pattern of work 
• A pattern of work is regular even if it is not absolutely uniform & includes some fluctuation or variation over time
• Composition of workforce performing the same work as the employee
• Whether there is an inability of the employer / employee to elect to reject / accept work and what happens in reality 

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• Introduction of anti-avoidance 

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• Casual conversion opportunity every 6 months instead of 12 months 

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Closing Loopholes – �Casual Employee Redefined 

Closing Loopholes – �Right to Disconnect 

1. Employee Right to Disconnect: Employees are not obligated to monitor, read, or respond to work-related contact from employers after hours unless it would be unreasonable to refuse.
2. Third-Party Contact: Similar to employer contact, employees can refuse to engage with third parties regarding work matters outside of working hours, with the reasonableness of refusal being a key factor.
3. Reasonableness Factors: Whether it's reasonable to expect an employee to be available after hours depends on:
1. The urgency and reason for the contact.
2. The method of contact and its intrusiveness.
3. Compensation for being on-call or working beyond normal hours.
4. The employee's role, responsibilities, and personal circumstances, such as family or caring responsibilities.
4. Workplace Rights Affirmation: The rights to refuse after-hours contact are officially recognized as workplace rights.
5. Legality Exception: An employee's refusal would be considered unreasonable if the after-hours contact is required by Australian law.
6. Enterprise Agreement Superiority: If an enterprise agreement provides a more favourable right to disconnect than this standard, the terms of that agreement will prevail.

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FWC – Modern Award Review

A Proactive HR Mindset

How do you Pro-Actively approach HR in your Practice?

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Defusing the HR Timebomb

HR Issues

Triaging the HR Issues

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Understand Your HR Issues & Areas of Improvement

• As a management team
• Make the time to establish what your biggest concerns and Gaps are from a HR Perspective;
• Speak with the People to understand;
• Keep it simple – Don’t overcomplicate your HR foundations and be true to your word – Actions will speak louder than words when building culture;
• Hold yourself and staff accountable.

Behavioral, Conduct & Cultural Issues

Wage & Compliance Issues

Final tips

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• Prioritise Compliance as Your Safety Net
• Invest in Your Team to Foster Excellence
• Empower Your Leadership with the Right Tools

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