Why be an employer ?

[pinkboy]

http://www.businessweek.com/articles/2012-10-04/office-upgrade-work-pillow#r=hpt-fs

As a true believer in the 'power nap', I reckon I would give that a go. Generally I only sleep 4-5hrs a night, I often have a sleep at my desk during the day. I would however be reluctant to let my staff get away with one. If they let their social life get in their way of their ability to work, then they would find themselves 'sleeping in' to their hearts content, and not on my time!

pinkboy

 

[Mr. Fabulous]

"Hey! What are you doing? Get back to work, ya bum! Now if you'll excuse me, I'm going to take a nap."

 

[Macca]

The dangerous thing about this is that it is being suggested as a safe working requirement.

Consider if an employee says to the boss, "I have a head ache" The boss must now decide whether to allow the employee to continue working or send them to a doctor. How does the boss do that ? If I go to the MD(who has 7 years training) he says take 2 aspros and go to bed.

Yet a boss is expected to be a medical expert on every condition that an employee may complain about. If the employee continues to work and injures themself the legal ramifications are scary

Completely unfair and places the employers of Australia in an impossible legal position.

 

[oracle]

The dangerous thing about this is that it is being suggested as a safe working requirement.

Consider if an employee says to the boss, "I have head ache" The boss must now decide whether to allow the employee to continue working or send them to a doctor. How does the boss do that ? If I go to the MD(who has 7 years training) he says take 2 aspros and go to bed.

Yet a boss is expected to be a medical expert on every condition that an employee may complain about. If the employee continues to work and injures themself the legal ramifications are scary

Completely unfair and places the employers of Australia in an impossible legal position.

Ultimately, the end user (general public) will pay the price by incurring higher costs.

The business owner will have no option but either to stop being a business owner or pass on the extra costs to the consumer in order to maintain profitability. In a capitalistic society there is no free lunch.

Cheers,
Oracle.

 

[willair]

Completely unfair and places the employers of Australia in an impossible legal position.

I'm just so happy i don't employ anyone anymore after reading all this,it seems ok too steal time from the Boss,be on Facebook -Chatrooms- while the working day ticks away,you often wonder who is more important the one paying the pay,or the one picking it up each friday ..


http://www.youtube.com/watch?v=evJ3stz9KU0

 

[Mooze]

Has anyone had much success with VA's or other offshore workers?
We're looking at overhauling everything so that any employees we work with in Australia will be contract only and will be for very specific items (ie accountant or muscle/marshalls at our events). The two experiences I've had employing people PT or FT have left a really bad taste in my mouth and a level of stress I'm not willing to go back to.

 

[tom32]

The question (or dichotomy) of employee vs independent contractor is a difficult one to answer.

My thoughts:

For workers comp; If you have control over their work you are liable for them. You should have them covered under your workers compensation policy. If you are paying them an hourly rate this is pretty well a sure thing, i.e. you are in control. This is why it does solve a few issues if you can pay them for a job. They then have control over how they do that job rather than you.

For tax; different set of issues primarily driven by whether it has been set up to avoid being taxed at the income tax rate. The two tests are in place for different reasons.

"Sham Contracting" is only an issue if you are paying below award rates as an all in rate and not paying super, payroll tax to the employees. Plenty of ABN workers are "employee contractors" and should be paid super and be covered by the employers workers comp policy.

It has never been the case that by employing someone on an ABN that you could shirk all responsibilities as an employer. It's just that some have been getting away with doing this.

If I employ a sole trader as a matter of course I add them to the wages pool for calculating our workers comp premium, pay them super, and pay pay roll tax.

Also when complaining about employees bear in mind they are one of the means to production that makes you money. While it is easy to get bitter and twisted about it at the end of the day most of us are competing with other businesses that have to play by the same rules.

Sure I do feel desperately sorry for anyone who has to export anything...

 

[M.Investigator]

My sister is into school business, had experienced ups and downs including problem employees but she tried to maintain out of commitment to the people. Well, I think its really down to you. If its not viable think of outsourcing or review on ways to cut down costs.

 

[Peter 14.7]

The dangerous thing about this is that it is being suggested as a safe working requirement.

Consider if an employee says to the boss, "I have a head ache" The boss must now decide whether to allow the employee to continue working or send them to a doctor. How does the boss do that ? If I go to the MD(who has 7 years training) he says take 2 aspros and go to bed.

Yet a boss is expected to be a medical expert on every condition that an employee may complain about. If the employee continues to work and injures themself the legal ramifications are scary

Completely unfair and places the employers of Australia in an impossible legal position.

This is the latest stupid idea but I think, at this stage, only an idea.

We are turning our country in an un-economic basket case. Bring on the election.

Regards Peter

 

[redwing]

I received this in an email regarding sham contracting

Interesting whether you be an employer or a contractor

Sham Contracting

In the case below, a company thought they had employed a labourer as an independent contractor and told him that he would need to provide invoices with his ABN.

However, a Federal Magistrate found (based on agreed statement of facts) that the labourer did not operate a company or advertise his services, did not have his own public liability insurance and did not have insurance for sickness or accidents. He also did not make any contributions towards his own superannuation.

Therefore, the engagement was not a contract for service but was a contract of casual employment.

Both the company and its director were ordered to pay penalties for disguising a casual employment relationship as an independent contracting arrangement (the company $9,999 and the director $1,980). Director, Fair Work Building Industry Inspectorate v Supernova Contractors Pty Ltd & Anor [2012] FMCA 935 (9 October 2012)

Sham contracting is a breach of the Fair Work Act.

Under the sham contracting provisions of the Fair Work Act, you cannot:

• dismiss, or threaten to dismiss, an employee in order to engage them as a contractor to perform the same or substantially the same work;
• knowingly make a false statement to an employee to persuade or influence them to perform the same, or substantially the same, work for you as a contractor; or
• represent to someone that is in fact an employee that they are a contractor, unless you did not (reasonably) know that fact.

If you do any of the above, you could be liable for a penalty of up to $33,000 (if a company) or $6,600 (if an individual) and you might also be ordered to compensate the employee for any loss they suffered as a result of the conduct.

Here’s how you can avoid sham contracting:

1. Do not employ someone as a contractor if you have led them to believe that they will be employed as an employee.
2. Do not knowingly make a false statement to a current or former employee with the intention of persuading them to become an independent contractor to perform the same work.
3. Do not dismiss (or threaten to dismiss) an employee who performs particular work for you in order to re-engage them as an independent contractor to perform the same work.
4. Do not assume that because a worker has an ABN and provides invoices for his or her services that the worker is an independent contractor.

Of course, the best way to avoid breaching the Fair Work Act sham contracting provisions is to ensure that every independent contractor you engage is definitely an independent contractor, not an employee.

 

[Peter 14.7]

Thanks Redwing. Send a modified version to all my contractors to weed them out. I was caught once with dodgy contractor and never again.

 

[redwing]

How will new Federal procedures for dealing with workplace bullying complaints work?

The Federal Government's proposed introduction of a specific complaint process for workplace bullying, with quick and cheap access to the Fair Work Commission, recognises the serious impact of workplace bullying and its importance as a work health and safety issue.

It could however potentially lead to employees bypassing their employers' own internal anti-bullying procedures.

The Federal Government intends to introduce legislation making the changes effective from 1 July 2013.

Straight to Fair Work..

 

[moyjos]

More redtape and rubbish.

We have managed to get throught his year without much help. I have learnt to do a lot more on the factory floor. By not having any staff this year we have actually managed to save more money even though we have turned over less.

This level of work is not sustainable though and we are needing to employ again.
I was VERY VERY VERY stressed by this and was ready to just close the doors

I rang FWA to find out what award to pay a security screen fabricator. Rang 3 times and got 3 different rates One lady even said "ummm i'm pretty sure it would be this one ". (yes your honour i am pretty sure i have been paying the staff properly) yeah that will work.

Almost at the end of my tether i found Haycroft Workplace Solutions www.haycroft.com.au. Craig came over to the factory, had a look around and has everthing sorted.

They are coming next week to do an OH&S audit and once we have the place up to scratch we are ready to go.

We advertise and choose the staff but they are employed through Haycroft. We dont have to have workcover, pay super, keep up with everchanging workplace law...they look after evrything. Cost for this service? 8%. WELL worth it for the piece of mind. The hourly rate they came back with was the middle of the 3 answers i got from FWA.

Looking forward to a HUGE 2014 now. Hubby has some really good leads on some serious wholesale contracts for builders so onwards and upwards.

 

[redwing]

Some more proposed changes

They must expect it to happen pretty quickly if aiming for July 1st

The Australian Federal Workplace Relations Minister, Bill Shorten, recently announced changes that will allow employees to seek assistance in respect of workplace bullying from the Fair Work Commission (FWC).

The proposed new laws seek to cut through the current complex processes available to employees under state health and safety laws and seek early intervention in bullying claims. The new changes will require the FWC to deal with any application urgently.

The Commonwealth Government has announced it will hurry through amendments to the Fair Work Act 2009 (Cth) (FW Act) creating a new cause of action in relation to workplace bullying.

The amendments are proposed to take effect from 1 July 2013.

Mr Shorten announced that the new process will permit workers who believe they have been bullied to make a complaint to the FWC, which will be required to list any application within 14 days of the complaint. The changes will also enable the FWC to make orders in relation to the complaint, and/or to refer the complaint to the relevant state health and safety regulator

What does this mean for employers?

Currently, victims of workplace bullying may seek to have their complaints addressed under many different legislative regimes. If an act of bullying is serious enough to pose a risk to health and safety, employers and employees may be liable under the relevant state health and safety legislation. In addition, in Victoria, legislation created as a result of the Brodie Panlock case enables criminal prosecutions in cases of serious workplace bullying. Both of these actions are initiated by state prosecution authorities rather than the individual employee.

The changes foreshadowed by the government suggest that for the first time individual employees (rather than regulators) will be able to bring claims against their employers for workplace bullying. This is a significant change in workplace law and if it proceeds is likely to result in an influx of claims from employees.

 

[redwing]

I was just reading this update

On Friday 28 June, the Fair Work Act Amendment Bill 2013 received Royal Assent. This means that it is now law.

Family friendly changes

The changes mean that:

• pregnant women can transfer to a safe job even if they haven’t worked for their employer for 12 months
• employees can take special maternity leave without it reducing the amount of unpaid parental leave they can take
• employee couples can take up to 8 weeks unpaid parental leave at the same time (increasing from 3 weeks) and can take it in separate periods eg. 2 periods of 2 weeks off
• more groups of employees now have the right to request flexible working arrangements, including:

• employees with caring responsibilities
• parents or guardians of children that are school age or younger
• employees with disability
• employees who are 55 years or older
• employees who are experiencing family violence or who are caring or supporting a family or household member who is experiencing family violence.

[*]there is a non-exhaustive list of ‘reasonable business grounds’ to refuse a request for flexible working arrangements.

 

[MIW]

we're creating mega govt and driving people to work there, now. soon, govt jobs will be the only position available, employed to look after each other.

Imagine, if we only had positions available in government who would be generating the revenues? Often people forget that government does not produce income, do they? They just take it and redistribute it, we would hope in a wise places where it's needed.

 

[BayView]

Imagine, if we only had positions available in government who would be generating the revenues? Often people forget that government does not produce income, do they? They just take it and redistribute it, we would hope in a wise places where it's needed.

I thought Gubb workers just shuffled paper, watched the clock and counted down the days to their long service leave and/or super payout?

 

[BayView]

As a true believer in the 'power nap', I reckon I would give that a go. Generally I only sleep 4-5hrs a night, I often have a sleep at my desk during the day. I would however be reluctant to let my staff get away with one. If they let their social life get in their way of their ability to work, then they would find themselves 'sleeping in' to their hearts content, and not on my time!

pinkboy

Just replace the "smoko" break with the power nap break.

You wanna smoke?

Do it in your own time.

Call it my contribution to my obligation to be aware and pro-active in my staff's health and well-being.

 

[pinkboy]

Just replace the "smoko" break with the power nap break.

You wanna smoke?

Do it in your own time.

Half my staff smoke. There is a house rule that they only smoke before and after work, and on their break. I also make them walk out to the road/front gate - Im not a smoker, so why should I have to put up with it in my yard! The guys adhere to it 99%. My permanents know the drill, the casuals not so much until they are told nicely to butt out or walk out! On occasion, after a particularly hard day at work, or a Friday afternoon while we chat after closing the doors down, the guys light up as they walk out the yard. Its their way of telling me 'nah nah, I can get away with it', and I gladly turn a blind eye having said it was a particularly hard day/week. There is some give and take.

The guy on the other hand who lit up in my wifes car........walked home!


pinkboy

 

[natmarie73]

Employee have successfully claimed Injuries at Work under Workcover for getting hit by lamp in Motel whilst having sex at a conference on the weekend. How can am employer possible manage that risk!!!!! A chair that collapses yes but a lamp in some motel on the weekend in a bed!!!!!

Simple, just make a work policy that it is not XYZ Company policy to condone extra curricula sexual activities during work conferences (yes, those policies do exist but mostly for excessive alcohol consumption). As the employee has now violated a company policy, his workcover claim is dismissed or reduced due to contributory negligence

And people wonder why there are so many policies in the workplace - I just tell them that its because of some numpty who injured themselves then sued and stuffed it up for everyone else.