Fair Work Commission

Smartphones mean we’re always available to our bosses. ‘Right to disconnect’ laws are a necessary fix

Retrieved on:

Wednesday, February 7, 2024

Anxiety, Pressure, Legislation, Fair Work Commission, Government, ACCI, Industrial, COVID, Senate, Work, Employment, Trauma, Commerce, Smartphone, Fatigue, Motivation

Australian workers are set to have the right to disconnect from their workplaces once they clock off for the day.

Key Points:

Australian workers are set to have the right to disconnect from their workplaces once they clock off for the day.
This will “empower workers to ignore work calls and emails after hours [from their employers], where those demands are unreasonable”, according to Greens Senator Barbara Pocock who has been driving the change.

Why a right to disconnect is needed

The shift to remote working during the COVID pandemic caused the boundaries between work and personal life to disintegrate further.
Parliamentary inquiries have highlighted the negative consequences of working outside scheduled hours for mental and physical health, productivity and turnover.

Availability creep has led to significant unpaid overtime which “takes workers away from a fair day’s work for a fair day’s pay”. The impacts are especially acute for certain groups of workers. Those on insecure contracts lack the power to resist availability creep. Those with unpaid care responsibilities are likely to experience intensified work/life balance.

“Roster justice”

The Senate select committee on work and care found such a right can provide workers with “roster justice” by giving more certainty over their working hours.
Many countries in Europe, Asia, North America and South America have already established laws or regulations limiting employers contacting workers outside work hours.

This approach seems sensible given the long tradition of the commission being asked to rule on what’s “reasonable” in other areas of employment law.
Unions including those representing teachers and police officers support a right to disconnect.
They claim employers will be less accommodating of employee requests for flexible work arrangements during normal work hours if contact outside these hours is no longer allowed.

A banana republic?

According to ACCI chief executive Andrew McKellar, a right to disconnect would be “the final step in Australia becoming a banana republic”.
But it must be remembered that workers effectively had the right to disconnect before the smartphone.

Chris F. Wright has received funding from the Australian Research Council, the Canadian Social Sciences and Humanities Research Council, the International Labour Organization, the Australian and NSW governments, and various business and trade union organisations.

6 questions you should be ready to answer to smash that job interview

Retrieved on:

Wednesday, January 17, 2024

Human rights commission, Artificial intelligence, Program, Research, Life, Knowledge, Fair Work Commission, Fair Work Ombudsman, Interview, Mental health, Communication, Outline, Risk, Plant, Motivation, Education

Similarly, many school and university graduates are beginning their job search after a well-earned break.

Key Points:

Similarly, many school and university graduates are beginning their job search after a well-earned break.
While some employers are using increasingly sophisticated approaches to recruiting such as psychometric testing and artificial intelligence, interviews remain one of the most common selection methods.
If you have been invited to a job interview, congratulations, as it likely means you have been shortlisted for the role.

1. Tell me a bit about yourself?

These may include questions such as: “What motivated you to apply for this role?” or “Tell me about your long-term career aspirations”.
For these types of questions, a convincing answer will highlight relevant skills you can bring to the role.

These could involve working with people, solving tricky business problems or making a social impact.
Avoid negative remarks about your current employer and sources of extrinsic motivation - such as money or benefits - unless part of a salary negotiation.

2. How did you resolve a particular problem in the past?

For instance: “Tell me about a time when you received a customer complaint.
What actions did you take, and what was the outcome?” Their objective is to predict how candidates will behave in similar situations.

3. What are your weaknesses?

The strengths part of this question enables you to highlight your knowledge and skills most relevant for the role.
In general, it is a good idea to provide examples of specific accomplishments that illustrate these capabilities.

By expressing willingness to receive further training and development, you can leave a much more positive impression than simply listing your current shortcomings.

4. What are your salary expectations?

Before stating your expectation, it is wise to find out the salary and other benefits associated with the role.
Be careful about disclosing your current salary; this information can provide a baseline that can make it difficult to negotiate a higher salary.

5. Inappropriate or illegal questions

Unfortunately, some employers may ask inappropriate or illegal questions.
If you are asked an inappropriate question, you can politely ask the interviewer how that information would be relevant to your ability to perform the job.

6. Do you have any questions for me?

Thoughtfully selected questions can leave a positive lasting impression.
It can also be good to do some research on the organisation and to ask some more specific questions about its clients, projects, or long-term plans.
If the role, organisation or people seem unappealing after the interview process, then it is wise to look elsewhere.

Timothy Colin Bednall does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

'It is impossible for me to be unpaid': 3 ways to fix student work placements

Retrieved on:

Saturday, September 16, 2023

So far, the Universities Accord’s interim report has identified compulsory, unpaid work placements as a significant barrier.

Key Points:

So far, the Universities Accord’s interim report has identified compulsory, unpaid work placements as a significant barrier.
Students often must take time out of paid work for these placements which can take place over multi-week blocks away from home.

What are work placements?

Many professional courses, such as nursing, teaching, social work, psychology and the allied health professions, have significant work placement requirements.
For example, social work students need to complete 1,000 hours (nearly half a year) of full-time, unpaid work experience to graduate.
These placements are hugely important for student learning, but the time commitment means students often have to give up paid work.

1. Change the Fair Work Act

A further 43% of educators said organisations refused to host a student if they didn’t perform well during a pre-placement interview.
This means organisations are routinely screening students to ensure they can perform unpaid work while on placement.
To fix this, we recommend the federal parliament changes the Fair Work Act, so vocational placements must be paid.

2. Pay students a minimum wage

Despite the importance of paying students at least a minimum wage, it is clear the organisations they work for cannot pay.
There is no country in the world where universities pay students to do placements.
Calculated at the minimum wage rate (before the recent minimum wage increase), Unions NSW estimated students should earn around A$21,000 for a placement.
Read more:
Fair Work Commission gives a 5.2% – $40 a week – increase in the minimum wage

3. Change how learning is measured

As one educator told us:
[These] showed that students could achieve success in their placement and learning with less time and more flexibility.
One practitioner said:
More focus on demonstrating learning as opposed to just ‘ticking off hours’ could lead to shorter placements with a higher focus on the quality of learning.
More focus on demonstrating learning as opposed to just ‘ticking off hours’ could lead to shorter placements with a higher focus on the quality of learning.

What about learning?

While current standards are often presumed to produce competent and ethical practitioners, our research shows students are being financially stretched and stressed.
Reflecting on their student experience, one practitioner told us:
For me it became just getting the hours done, rather than learning.
In addition to payment, research shows that reducing hours, and introducing more flexible work-based placements and ways to measure learning, would help.

Gig economy workers set for new protections in Albanese government's legislation introduced next week

Retrieved on:

Wednesday, August 30, 2023

Government, Insurance, Fair Work Commission, Theft, Sick leave, Safety, Legislation, Property management, Music, Creative industries

A suite of protections for gig workers will be contained in legislation to be introduced into parliament by Workplace Relations Minister Tony Burke next week.

Key Points:

A suite of protections for gig workers will be contained in legislation to be introduced into parliament by Workplace Relations Minister Tony Burke next week.
Under the changes, the Fair Work Commission will set minimum standards for “employee-like workers” in the gig economy.
These are people who work through a digital labour platform, notably in food delivery, ride share and the care economy.
But just because someone is working in the gig economy shouldn’t mean that they end up being paid less than they would if they’d been an employee.”

Can Australian employers stop you working from home? Here's what the law says

Retrieved on:

Thursday, August 10, 2023

It’s part of a trend of employers winding back the work-from-home flexibility that enabled most to keep operating through the pandemic in 2020 and 2021.

Key Points:

It’s part of a trend of employers winding back the work-from-home flexibility that enabled most to keep operating through the pandemic in 2020 and 2021.
In Australia, close to 90% of employers have implemented mandatory in-office days, according to a survey of 300 hiring managers commissioned by recruitment agency Robert Half.
The survey shows 19% insisting on five days a week, 28% on four days, and 26% on three days.

Is it a ‘lawful and reasonable’ direction?

Even if this isn’t stated specifically anywhere, Australian courts have ruled this requirement is “implied” in every employment contract.
But a detailed and considered plan requiring employees to return to the workplace safely will be lawful and reasonable.

Is consultation required?

The Fair Work Ombudsman says consultation requires giving notice, discussing the proposed changes, providing written information and giving “prompt consideration” to any matters raised by employees and their representatives.
Even though the employer ultimately doesn’t need consent, the consultation still needs to be genuine and properly consider employees’ views, following the processes set down in the applicable award or agreement.

What about flexible work arrangements?

Casual employees have similar rights if they have been working regularly and systematically for at least 12 months and have a reasonable expectation of continued work on the same basis.
Employers who get a request for flexible working arrangements need to respond in writing within 21 days.

Reasonable adjustments for employees

The “humane way” to introduce such a policy (regardless of any legal requirement) is to consult with employees over the change.
That way, they can accommodate employees – so far as is practicable – and if required, make reasonable adjustments.

Don't blame Australia's lowest-paid workers if interest rates rise again

Retrieved on:

Monday, June 5, 2023

The odds have been shortening on the Reserve Bank of Australia lifting interest again, and Australia’s workers are again being blamed for driving inflation.

Key Points:

The odds have been shortening on the Reserve Bank of Australia lifting interest again, and Australia’s workers are again being blamed for driving inflation.
The Fair Work Commission granted a 5.75% increase to award wage rates, and an 8.6% increase to the minimum wage.
But there are good reasons this decision won’t have a material impact on inflation or interest rates.

Limited impact on the wages bill

And those workers, being low paid and often part-timers, only account for about 11% of the national wages bill.
The Fair Work Commission’s decision, being 0.75 of a percentage point above market expectations, means the national wages bill will be only 0.08% (less than one-thousandth) greater than expected.
Over the long run, the Fair Work Commission aims to increase wages in line with growth in prices and productivity.
In this decision, though, real wages for even most low-paid workers are falling.

What about other workers?

Some workers on enterprise agreements have received such low increases that award rates have caught up to them.
It is so unlike the last large spike in inflation, in the 1973–74 wage-push period, that any comparison would be laughable.
But by continuing to raise interest rates, it keeps on behaving as if a wages break-out is a real prospect.

Profits and prices

Profits had been growing considerably faster than wages, both in Australia and overseas, though profits are now slowing down in both.
But firms won’t chase cheap profits through hiking prices indefinitely.
Sure, firms have the chance to raise prices more than they need, since customers expect price rises during shortages.
So they can take advantage of a temporary supply shortage to permanently boost profits.

Inflation and interest rates

So there is no reason for the Reserve Bank of Australia to raise interest rates again in light of the award wage decision.
That does not mean the central bank won’t raise rates.
After all, it increased interest rates last month while inflation was falling.

The aged-care budget delivers for workers but meeting our future needs will require bold funding reforms

Retrieved on:

Wednesday, May 10, 2023

The 2023-24 federal budget takes a step in the right direction for aged care, with a much-needed pay boost for workers in the sector.

Key Points:

The 2023-24 federal budget takes a step in the right direction for aged care, with a much-needed pay boost for workers in the sector.
Despite a royal commission, major commitments from a new government and significant additional funding, around two-thirds of residential aged providers and one-quarter of home care providers are losing money.

What’s the problem?

Around 60% of government aged care funding is spent on residential care.
But older people in residential care are still getting less than the mandated three hours and 20 minutes of care per day.
The commitment to have a registered nurse in all residential-care facilities won’t be met in the time period promised.
Very few aged care facilities deliver high quality care while also making a profit
Not surprisingly, most people want care at home instead.

What’s in the budget for aged care?

The budget includes $12.4 billion for aged care, mainly to fund pay increases for 250,000 aged-care workers in residential and home care.
This year’s federal budget is a step in the right direction, particularly in improving pay rates for aged-care workers.
But the medium to longer term future for aged care remains bleak without significant further reform.

What’s missing from the budget?

And there are continuing concerns about the way services are designed, organised and delivered.
Estimates suggest Australia will need to increase aged-care spending by $10 billion a year to implement the aged care royal commissions recommendations.
It would need to double to around 3% of GDP to be in line with high-quality aged care in comparable OECD countries.

What are the alternatives?

A social insurance model like the transport accident, workers’ compensation and superannuation schemes could be introduced to fund aged care, at least in part.
That would mean workers (and potentially their employers) would contribute to their potential future aged-care costs during their working lives.
In Australia, there have been calls for a superannuation levy on contributions to fund future aged-care costs.
It would be reasonably easy to introduce (and popular with the community) for aged care.

Government to spend $11.3 billion over four years to fund 15% pay rise for aged care workers

Retrieved on:

Wednesday, May 3, 2023

Growth, Fair Work Commission, Ageing, Federation, Reward, Chalmers, Social security in Australia, Population, Politics, Foundation, NDIA, Health insurance, Nursing

Tuesday’s budget will include $11.3 billion over four years to fund the 15% pay rise aged care workers will receive from July 1.

Key Points:

Tuesday’s budget will include $11.3 billion over four years to fund the 15% pay rise aged care workers will receive from July 1.
Labor committed at last year’s election to fully fund a rise in pay for this sector.
Aged Care Minister Anika Wells said that “fair wages play a major role in attracting and retaining workers”.
This financial year the cost of aged care will increase from $24.8 billion to an estimated $29.6 billion (23%).