Webinar – Having Difficult Conversations Highlights

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We held a webinar last week on ‘having difficult conversations’ with your staff. We’ve shared the top three snippets here!

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Susanna Ritchie

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compliance

Wage Theft Laws Are Changing: What Small Business Owners Need to Know

Starting 1 January 2025, under the Closing Loopholes reforms, wage theft will be a criminal offence for employers who intentionally underpay their employees. If you’re a small business owner (with fewer than 15 employees), this change might sound intimidating. But don’t panic! There’s a safety net in place: the Voluntary Small Business Wage Compliance Code (the Code). If you unintentionally underpay someone, following the Code could help protect your business from criminal prosecution, though civil penalties may still apply. Let’s break down what this all means for you and how to keep your business on the right track. What’s Changing with Wage Theft Laws? Under the Closing Loopholes reforms, starting in 1 January 2025, wage theft—meaning intentionally underpaying employees—will be criminalized. If your business is found guilty of intentionally underpaying staff (whether it’s wages, penalty rates, overtime, or superannuation), the consequences are huge. We’re talking up to 10 years in prison or fines of up to $8.25 million. What is the Voluntary Small Business Wage Compliance Code? For small businesses with fewer than 15 employees, there’s some good news. If you unintentionally underpay an employee, the Voluntary Small Business Wage Compliance Code is there to protect you from criminal prosecution. As long as you can demonstrate that the underpayment was not intentional and that you’ve made a reasonable effort to comply with pay laws, you might not face criminal charges. The Code encourages small businesses to regularly check pay practices, stay updated on pay rates, and fix any mistakes as soon as they’re discovered. If an underpayment happens, as long as it was unintentional and you act quickly to correct it, you’ll be protected from criminal charges (though civil penalties may still apply). Except…. It’s important to note that there are also exceptions to the application of criminal penalties for underpayments. For example, employers who are sole traders, partnerships, or unincorporated entities in specific states—such as New South Wales, South Australia, Queensland, Tasmania, and Victoria—are exempt from criminal prosecution for certain types of underpayment. Specifically, criminal penalties do not apply to underpayments of superannuation, long service leave, leave connected to being a victim of a crime, or jury duty leave in these regions. Additionally, certain employees working for Victorian State Government bodies or Tasmanian local governments are also excluded from criminal penalties for underpayment related to superannuation and long service leave. These exceptions mean that while businesses in these regions may still be liable for civil penalties (such as fines), they will not face criminal prosecution for underpayments related to these specific entitlements. Furthermore, businesses that demonstrate cooperation and a willingness to correct mistakes may be eligible to enter into a cooperation agreement with the Fair Work Ombudsman. This agreement can offer further protection against criminal prosecution, provided the business is proactive in addressing the issue and preventing future occurrences. What Does This Mean for Your Small Business? So, what does this actually mean for you as a small business owner? If you intentionally underpay your staff, you could be facing some serious legal consequences, including criminal charges. But if you accidentally make a mistake (which can sometimes happen to the best of us), the Voluntary Small Business Wage Compliance Code offers protection, as long as you can prove that the underpayment was unintentional. This is a big deal because, as long as you act in good faith and make reasonable efforts to pay your employees correctly, the Voluntary Small Business Wage Compliance Code could protect you from criminal prosecution. In other words, the Code serves as a shield for small businesses, ensuring that unintentional underpayments don’t result in criminal charges. However, it’s important to note that even with this protection, your business can still face civil penalties—such as fines or compliance notices—if an issue arises. Further, for employers in the categories listed as exceptions (such as sole traders or businesses in specific regions), while they are still responsible for correcting underpayments and may face civil penalties (like fines), the criminal offence provisions do not apply to certain types of underpayments, particularly superannuation and long service leave. These exceptions emphasize the importance of employers being aware of regional and employee status differences to fully understand their obligations under the Fair Work Act In short: as a small business owner, you don’t have to worry about going to prison for a genuine mistake, but you still need to stay on top of your pay practices to avoid civil penalties. How to Stay Compliant: Key Steps for Small Business Employers To protect your business from civil and criminal penalties, small business owners must stay diligent and proactive when it comes to paying employees correctly. Below are clear steps you can take to ensure your business is in line with the law: Ensure Correct Pay Rates and Entitlements First, check that you’re paying your employees according to the correct award or enterprise agreement. This is the foundation of compliance. To do this, you could also consider conducting a wage audit. A wage audit helps identify any discrepancies or areas where employees might not be receiving their correct wages, allowances, overtime, or superannuation. This is the first and most proactive step to avoid future underpayment issues. Regularly update yourself on minimum pay rates, penalties, and superannuation contributions to avoid underpayment. The Fair Work Commission reviews pay rates annually, and changes usually take effect on 1 July each year. Classify Employees Correctly Ensure that employees are classified properly based on their roles, experience, and responsibilities. Misclassification can result in employees not receiving their correct entitlements. Maintain Accurate and Up-to-Date Records Keep detailed records of employee pay, hours worked, and any changes in their role or classification. You’re required to maintain these records for seven years. Pay slips should be provided within one working day of payday, and they must include all the required information: pay rates, hours worked, allowances, and deductions. This ensures transparency and compliance with the Fair Work Act. Stay Informed and Updated on Wage Laws Make a concerted effort to stay

Harrini Ratnanesan December 20, 2024

employee performance

Paul Sadler Swimland : Partnering for Safer, Healthier Workplaces

When Paul Sadler Swimland (PSS), a well-established swim school, invited us to deliver training on psychosocial hazards, it was clear they were committed to making mental well-being and workplace safety a priority. Having worked closely with their team over the years, we understood their passion for cultivating a positive, engaged, and supportive work environment. This session was the next step in their journey, providing their leaders with the tools and confidence to address workplace challenges head-on. The Challenge Workplaces today face more than just physical safety concerns. PSS had already taken significant steps to ensure a safe workplace, but like many organisations, they were grappling with the nuances of psychosocial hazards. These aren’t always easy to spot or address, especially when it comes to stress, interpersonal dynamics, or balancing mental health concerns with performance management. From our first conversations, it was clear that their leaders wanted to do the right thing—they just needed the right team to provide them with clarity and practical strategies. Who was expert enough to help them identify psychosocial risks in a non-confrontational way? Who knew both what the current legislation requires and, most importantly, how to practically manage these issues in a way that’s both compassionate and effective? Bringing in the Experts PSS had been partnering with WW for a while now – having WW take care of all of its employee relations, industrial relations and HR needs. Having identified that they didn’t want this training session to be just another box-ticking exercise, they wanted facilitators who would delve into the real challenges they were facing, using practical scenarios and interactive activities to spark conversation and reflection. And that’s exactly what they got with WW’s training. In our training, leaders explored what psychosocial hazards look like in practice, from subtle signs of workplace stress to larger issues like inappropriate behaviour or unmanageable workloads. The training was designed to provide clarity—helping the team see how Work Health and Safety obligations align with their day-to-day responsibilities—and to empower them to take action. By breaking down complex topics into relatable, actionable insights, the session became a space where leaders felt both informed and reassured. The session facilitator, Sandy Burriss, has a Bachelor’s degree in Psychology and recently completed a Graduate Diploma in Psychology. She also works as the Operations Manager and Projects Director for Workplace Wizards, which gave her the perfect blend of skills to deliver this training with her social sciences background. Looking back on the session, she said, “Psychosocial hazards are really important for workplaces to understand. But it’s key not to scare people off—rather, we want to show them what a positive workplace looks like in terms of behaviours, both the ones we see and experience. My goal was to ensure everyone walked away with a solid understanding of how to spot psychosocial hazards in a swim school setting, ways to reduce or even eliminate them, and how this all ties into a healthier workplace culture and better productivity.” The Impact The results of the training were immediate. For many, it was like a light bulb moment. Concepts that once felt murky, like managing performance issues in the context of mental health, suddenly became clearer. Chris Bannister, Operations Manager at PSS, shared that it was “reassuring to know we can reach out to Workplace Wizards for guidance, and that it’s okay to address performance concerns when done the right way.” What stood out most was the way the session brought everyone together. The interactive activities weren’t just engaging; they created a sense of shared purpose among the leaders. As one participant put it, “The training was presented so well, and the activities really got the team active and involved.” While it’s still early days, the session has already started shifting conversations around workplace stress and well-being. Leaders are beginning to talk more openly about these issues and explore how they can make proactive changes. As one team member reflected, “It’s too soon to see big changes, but stay tuned—we’re optimistic about where this is heading.” For us, it’s always rewarding to see the seeds of change take root. Our role doesn’t end with the training itself—we’re here to support PSS as they continue this journey, building a culture where safety and well-being are prioritised every day. Why This Matters This session wasn’t just about compliance; it was about strengthening a culture where mental well-being is as important as physical safety. For PSS, it’s a testament to their commitment to their people—a recognition that workplace safety isn’t just about rules but about creating an environment where everyone feels supported. From our perspective, working with a team so engaged and ready to grow is what makes this work so meaningful. As our session facilitator Sandy put it, “It’s not just about delivering the material—it’s about building trust and showing teams that these challenges can be tackled with the right mindset and tools.” As their partner, we’re proud to continue working alongside PSS on this journey, helping them create a workplace that prioritises care, connection, and respect. If your organisation is ready to take the next step in building a safer, more supportive culture, let’s start the conversation. Future Thinking At the heart of every successful workplace is a culture of respect, inclusion, and proactive support. That’s why our consultants and lawyers bring years of expertise in crafting comprehensive workplace training workshops that go beyond compliance—they’re tailored to foster equality, prevent discrimination, and promote wellbeing. For more information on our Psychosocial Hazards training and our full suite of customisable workpalce trainings, call Workplace Wizards today on 03 9087 6949 today or email at support@workplacewizards.com.au. Our team of Melbourne based employment contract lawyers and consultants can answer your queries, and discuss what actions your business could be taking.

Harrini Ratnanesan December 17, 2024

employee performance

Investing in Hr Teams with the Essential Services Commission

Building muscle and breadth in your P & C skills and knowledge Peer to peer feedback and team building Translating HR into tangible business deliverables When the Essential Services Commission (ESC) team first stepped into our People Management Masterclass, we knew we were about to embark on something special. From the start, their energy and willingness to engage with organisational challenges turned each session into a powerful space for collaboration, growth, and problem-solving. The masterclass offered a chance for the team to pause, reflect, and tackle the complexities of people management head-on—together—while also focusing on upskilling the whole team. Designed for HR departments and executive leadership teams (ELTs), this program provides a space for case reflection and hands-on learning. The collaboration with the ESC has been a chance to see how this service can foster team development and elevate day-to-day HR practice in a very practical sense. What Makes This Masterclass Work? The People Management Masterclass isn’t your typical professional development program. It’s structured as a monthly sessions where HR and leadership teams get together to deconstruct organisational issues – everything from employee relations to compliance risks and opportunities for enhancing workplace culture. These sessions don’t follow a standard lecture format either; they’re built around discussion, case analysis, and -time feedback. It’s designed to spark dialogue, encourage feedback and generate actionable insights that participants can immediately apply in their roles. In working with the ESC, we’ve seen how valuable this team-based approach can be. It’s not just about individual learning – it’s about bringing the whole HR department together, getting them to engage with live issues, and collaboratively exploring solutions. This shared learning process has helped ESC’s leadership and HR team sharpen their advisory skills and build a more cohesive approach to managing their people matters. At the heart of these sessions is Managing Consultant, Sonia Lindsay, whose passion for facilitating the masterclass has been key to its success. Sonia thrives on creating spaces where teams feel safe to share, learn, and challenge themselves. Her deep understanding of HR, combined with her skill in fostering open communication, means that each session is not only productive but also genuinely engaging. She’s often described these sessions as a highlight of her month – and it’s easy to see why. “I love watching HR teams get real with the issues they’re facing and seeing them work through it together,” she says. “You can almost feel the moment when it all clicks – the confidence, the clarity, and the sense of accomplishment.”. For ESC, having a facilitator who truly understands both the technical aspects of HR and the human side of team dynamics has made these sessions a space where participants feel comfortable sharing insights, giving feedback, and learning from one another. It’s Not Just All Theory What makes these sessions so impactful is the focus on case management. Each session is grounded in actual HR challenges that participants are familiar with. These aren’t just hypothetical or theory based discussions; they’re discussions that are rooted in the day-to-day realities of managing people in a complex organisational environment. Whether it’s resolving employee relations cases or enhancing workplace culture, the team works through each issue with a problem-solving mindset. This real-world application makes the learning not only relevant but immediately useful. For the ESC, it’s been transformative. Their HR team isn’t just talking theory – they’re practicing how to navigate these situations and refining how to communicate their strategies effectively to senior leadership. The skills developed in these sessions are directly applicable to their everyday roles, making the masterclass a valuable investment in their team’s development. Cost-effective, Team-centered Development One of the standout features of the People Management Masterclass, is its cost-effectiveness. Traditional professional development (PD) programs often focus on individual growth and require multiple individual training programs, which could easily range from hundreds to thousands per. In contrast, this masterclass provides growth opportunities for the entire HR department. Your team is given the opportunity to refine their individual skill sets while also gaining the knowledge to apply these skills effectively on a broader team level—a valuable two-in-one experience. It’s a cost effective solution that is especially attractive to organisations operating in the not for profit (NPF) sector and government, where budget- conscious decisions are essential. The Value HR departments often face pressures to deliver results, and it can be easy to feel isolated in their roles. They need the time and space to reflect on their work, troubleshoot together, and develop strategies as a group. The People Management Masterclass provides teams with that space. It’s been a chance to step back, think critically about their approach to HR, and build a stronger, more united team. The shared learning experience has improved communication within the team, leading to more effective collaboration both inside and outside of the sessions. It’s also helped reinforce a more unified approach to people management, which is critical in NFP and government sectors where teamwork is crucial to driving mission-aligned outcomes. For the ESC, the value goes beyond technical HR skills – they’ve now built a stronger, more cohesive team that’s better equipped to manage people challenges and improve overall organisational culture. As Tracey Bloxsome, the Chief People and Culture Officer at ESC shared, “Our team has thoroughly enjoyed our sessions with Sonia. She brings an extensive toolkit and a wealth of experience to every session. With her expert guidance, we’ve been able to collaboratively solve problems and apply our learnings to our daily work”. The masterclass has been a powerful reminder that HR isn’t just about managing processes – it’s about shaping the future of the workplace. Future Thinking The collaboration with ESC has been an inspiring journey, showing just how transformative hands-on, real-time professional development can be, and as we continue our partnership with ESC, we’re excited to see how these sessions will keep evolving. With more and more organisations recognising the power of collective and dynamic learning, we’re eager to bring this team-centered and practical approach

Harrini Ratnanesan December 9, 2024