Mastering Work-Life Balance: How Parents Can Take Time Off

Becoming a parent is a life-changing event that brings joy and challenges. For working parents, it can be especially difficult to balance the demands of work and family. In Australia, the government recognizes the importance of supporting working parents during this time and has implemented several policies aimed at making the transition to parenthood a little easier. One of these policies is Parental Leave.

Parental Leave is a form of leave that allows eligible employees to take time off work to care for a newborn or recently adopted child. In Australia, employees are entitled to different forms of parental leave, including paid and unpaid leave, depending on their employment contract and the legislation that applies to their situation.

The main legislation governing Parental Leave in Australia is the Fair Work Act 2009. Under this legislation, eligible employees are entitled to take up to 12 months of unpaid parental leave. To be eligible for unpaid parental leave, an employee must meet the following criteria:

  • The employee must have worked for their employer for at least 12 months immediately prior to the birth or adoption of the child
  • The employee must be the primary caregiver of the child

In addition to the right to take up to 12 months of unpaid parental leave, eligible employees may also be entitled to paid parental leave through the government-funded Paid Parental Leave scheme. The Paid Parental Leave scheme provides eligible employees with up to 18 weeks of financial support at the rate of the National Minimum Wage. To be eligible for this scheme, an employee must meet the criteria outlined above and have worked for at least 10 of the 13 months prior to the birth or adoption of the child, with at least 330 hours worked during that 10-month period.

It’s important to note that Parental Leave is a workplace entitlement, meaning that employees can take this leave without the risk of losing their job. Employers are obligated to provide this leave to eligible employees and must not discriminate against employees who take leave for the purpose of caring for a new child.

Parental Leave is not only beneficial to working parents and their families, but it also has a positive impact on the Australian economy. By providing working parents with the ability to take time off work to care for their new child, Parental Leave helps to reduce the stress and financial insecurity that can come with the transition to parenthood. This, in turn, increases productivity and contributes to a more supportive and family-friendly workplace environment.

In conclusion, Parental Leave is an important policy that provides support to working parents during the early stages of their child’s life. This policy allows employees to take time off work to care for their new child without the risk of losing their job, and provides financial support through the Paid Parental Leave scheme. By providing support to working parents, Parental Leave helps to create a supportive and family-friendly workplace environment and contributes to a more productive and resilient Australian economy.

Clyde Industrial advises different businesses on how to manage their company’s leaves and schedule adherence policies. Contact us if you need help in this area.

info@clydeindustrial.com.au

1800 954 696

All you need to know about Modern Awards and the NES for your Business

In Australia, the Fair Work Act 2009 sets out the minimum standards that apply to all employees in the country, regardless of the type of work they do. These standards form the basis of all employment relationships, and provide employees with important rights and protections.

One of the key components of the Fair Work Act is the modern awards system. Modern awards are important statutory documents that set out the minimum wages and conditions of employment for certain industries and occupations. There are currently over 120 modern awards in Australia, each of which is tailored to the specific needs of different industries, from hospitality and retail to construction and finance.

The modern awards system is designed to ensure that all employees in Australia receive fair and consistent pay and conditions, regardless of their job or industry. The awards set out minimum standards for things like minimum hourly rates, overtime pay, weekend penalties, and working hours.

In addition to the modern awards system, the Fair Work Act sets out a number of other national employment standards, including:

The National Minimum Wage: The Fair Work Act requires that all employees be paid at least the national minimum wage, which is currently $21.38 per hour. This minimum wage is reviewed annually by the Fair Work Commission.

Maximum Weekly Hours: The Fair Work Act sets out a maximum number of hours that employees can be required to work in a week, which is 38 hours for full-time employees.

Overtime: The Fair Work Act requires that employees be paid overtime for any hours worked beyond their agreed upon hours or maximum weekly hours.

Penalty Rates: The modern awards system provides for penalty rates for certain types of work that are performed outside of normal working hours, such as weekends, late nights or public holidays. These rates are designed to compensate employees for the inconvenience of working outside of normal hours.

Leave Entitlements: The Fair Work Act sets out a number of different types of leave entitlements, including annual leave, personal/carer’s leave, and long service leave. These entitlements are designed to provide employees with time off work to rest, recharge, and take care of personal or family matters.

Anti-Discrimination: The Fair Work Act contains provisions to protect employees from discrimination on the basis of a number of different attributes, including race, gender, age, and religion.

In conclusion, the national work standards set out in the Fair Work Act 2009 and modern awards play a critical role in ensuring that all employees in Australia are treated fairly and receive a minimum level of pay and conditions. These standards help to create a just and equitable workplace, and provide employees with important rights and protections. It is important for all employers to be aware of their obligations under the Fair Work Act and the relevant modern award, and to seek advice if they require a fuller understanding.

Clyde Industrial are able to assist employer with understanding and applying these minimum obligations.

info@clydeindustrial.com.au

1800 954 696

Team having a meeting in the workplace

Big Changes Ahead For Australian Workplace In 2023: Minimum Wages, Paid Parental Leave, Superannuation, And Aged Care Sector To Be Affected

As we stand on the brink of the second half of 2023, the Australian workplace is set to undergo a significant transformation. Effective from the 1st of July, these updates will bring about a new era of employment law, impacting minimum wages, paid parental leave, superannuation guarantees, and the aged care sector.

Uptick in Minimum Wages Starting from July

The Fair Work Commission’s Annual Wage Review 2022-23 has announced a noteworthy increase in the National Minimum Wage. Starting from 1 July 2023, employees will receive a minimum of $882.80 per week or $23.23 per hour. This increase will be applicable from the first full pay period starting on or after this date. In addition, award minimum wages will see a rise of 5.75%.

Revamped Paid Parental Leave Scheme

Significant changes are set to redefine the Paid Parental Leave scheme from 1 July 2023. Partnered couples can claim up to 20 weeks’ paid parental leave between them, while parents who are single at the time of their claim can access the full 20 weeks. These changes will affect employees whose baby is born or placed in their care on or after 1 July 2023.

Boost in Superannuation Guarantee

The superannuation guarantee is set to increase from 10.5% to 11% from 1 July 2023. For a deeper understanding of your super obligations or entitlements, you can contact the Australian Taxation Office (ATO) for help and advice.

Uplift in Aged Care Sector Wage

Starting from 30 June 2023, direct care and some senior food services employees in the aged care sector will receive a 15% wage increase. This increase applies to eligible employees covered by the Aged Care Award, Social, Community, Home Care and Disability Services Industry (SCHADS) Award, and Nurses Award. It will take effect from the start of the employee’s first full pay period on or after 30 June 2023.

Changes in Supported Employment Services Award

From 30 June 2023, the Supported Employment Services Award will undergo changes, including minimum rates, classifications, and supported wage assessments. For more information, please contact us.

Preventing Illegal Workplace Behaviors in Australia: How to Protect Your Employees

Unlawful workplace behaviours are a serious issue, and can have a devastating impact on employees and businesses. In Australia, it is illegal to engage in a variety of behaviours, and employers have a duty of care to provide a safe and healthy work environment for their employees. In this article, we will discuss the types of unlawful behaviours that may arise, the relevant Australian legislation, and the steps that businesses can take to prevent and address these behaviours.

Types of Unlawful Workplace Behaviours

– Discrimination: This includes treating an employee unfairly or differently based on their race, gender, sexual orientation, religion, or other personal characteristics.

– Sexual harassment: This includes any unwanted or unwelcome sexual advances, comments, or behavior, including physical touching or groping.

– Bullying: This includes any repeated, unwelcome behavior that by a worker (individual or group), directed to another worker (individual or group) that creates a risk to health and safety.

Australian Legislation

The main legislation governing these behaviours in Australia is the Fair Work Act 2009.

However, additional state and territory work health and safety legislation, imposes duties on employers to provide a safe and healthy work environment for their employees. This includes taking reasonable steps to prevent any of these types of behaviours because of their ability to cause harm.

Additionally, there are other laws and regulations that protect employees from workplace harassment. These include the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Disability Discrimination Act 1992, and the Age Discrimination Act 2004.

Preventing Unlawful Behaviours

Preventing unlawful behaviours requires a proactive approach from employers. Some steps that businesses can take to prevent these behaviours include:

– Developing and implementing comprehensive policies that clearly outline the expectations and consequences of such behaviour.

– Providing regular training to employees and supervisors on how to prevent and address such behaviours.

– Encouraging employees to report incidents, and ensuring that employees feel safe and supported when reporting such incidents.

– Investigating all incidents promptly and impartially, and taking appropriate action when necessary.

– Monitoring the workplace for signs of unlawful behaviour, and taking proactive steps to address any issues that arise.

Addressing Behaviour

If unlawful workplace behaviours occur, it is important for businesses to take prompt and effective action to address the issue. Some steps that businesses can take to address these behaviours include:

– Investigating the incident thoroughly and impartially, and gathering evidence where possible.

– Providing support and assistance to the victim of the behaviour, including counseling or other services as needed.

– Taking appropriate disciplinary action against the perpetrator, which may include termination of employment or other forms of punishment.

– Reviewing the relevant policies and training programs to ensure that they are effective and up-to-date.

Clyde Industrial can assist employers in understanding their obligations, implementing effective solutions to prevent and discourage unlawful workplace behaviours, investigate incidents and provide advice to employers on the management of such incidents.

info@clydeindustrial.com.au

1800 954 696

How to Create Good Employment Contracts for Small Businesses

Australia does not mandate that employment contracts to be in writing. Some Modern Awards or Enterprise Agreements do require employees and their employees to agree to certain things in writing, such as minimum part time hours of work, days and times when work will occur and flexible work arrangements. However, in general there is no overarching statutory obligation for working arrangements to be recorded in writing.

Importantly, it does not mean that a contract of employment is not required. It simply means that the contract of employment does not need to be recorded in writing.

An official employment contract serves to safeguard both the employer and the employee. Conflicts about the terms and conditions of work are likely to occur in the absence of a documented employment contract. When there are no employment contracts in place to govern the job relationship, employers frequently struggle to deal with their employees.

A ‘contract’ is simply any promise, or binding agreement between two parties that has the four essential elements of a contract. Those key elements are:

  • There is an offer;
  • There is acceptance;
  • There is an intention to create a binding legal relationship; and
  • There is consideration (in other words, the contract involves an exchange. In the case of employment, the exchange that occurs is labour in exchange for a wage).
  • The essential elements of a contract can be achieved through either a verbal or written agreement.

There are three crucial questions you should ask when creating a contract,

  1. Is the position covered by a contract or award?
  2. Is the position full-time, part-time, or casual?
  3. Is the position for a set period of time or a specific project?

Is it alright to NOT have a contract?

While this is not unlawful (unless there are specified things that must be agreed to in writing by an Award or Enterprise Agreement), it poses a serious danger to any employer, especially if a disagreement were to develop later on in the employment relationship. In this sense, a written contract of employment should be seen as a crucial source document that can explicitly state what was agreed to in the beginning.

Employment contracts can include a range of terms, provided what is being agreed to is not inconsistent with the law, or a minimum term of an Award or Enterprise Agreement.

What should I include in my contracts?

At their most basic level, employment contracts should contain the following:

1. The parties:

Who is a party to the contract.

2. The position:

What position has the person been employed in?

3. Payment terms:

Of course, payment conditions are essential to creating an employment contract. These conditions should outline the agreed-upon sum, the frequency of payments, and the conditions under which the sum may grow. The agreement should clearly state what is included in the payment if it includes other sums (such as a set rate or salary).

4. General Terms relating to the National Employment Standards:

It is crucial to record the general terms of the engagement even though many of these may already be covered by the law. This should include information such as the employee’s regular working hours, applicable leave benefits, and the amount of notice needed to end the employment contract by either side.

Employers may also choose to add additional terms that are pertinent to their business or sector in addition to the ones listed above. These could include non-disclosure agreements or stipulations restricting trade or employment activities post-employment. These need to be carefully drafted, but they are frequently crucial to safeguarding the company both during and after the employment period.

Important to Remember:

  1. An employment contract is likely to exist whether its written down or not.
  2. The interests of both parties are best met by having a written contract of employment.
  3. Contracts should include some key terms, but should also reflect the specific interests of the business.

If you require further assistance in drafting employment contracts for your business, contact Clyde Industrial today on 1800 954 696.

Do you need further assistance in drafting employment contracts?

We’re ready to help you.

info@clydeindustrial.com.au

1800 954 696

10 Must-Have Policies for a Happy and Well-Operated Business

Employers often use workplace policies to govern employee performance, conduct, and behavior as well as to establish minimum standards. To comply with the pertinent laws, there are certain rules or procedures that must be followed.

According to the many Work Health and Safety Acts in place in Australia, for instance, employers have positive health and safety obligations to those at their job. Every organization must thus have processes in place to carry out and keep track of those commitments.

1) Work Health and Safety

A written, published and regularly updated general health and safety policy is an essential minimum standard for most small businesses.

Workplace accidents can have a negative impact on your company in a number of ways, including reduced productivity, the need to pay sick leave, and the expense of hiring a replacement. WHS regulations emphasize safety protocols and each employee’s duties to maintain a safe workplace.

All employees should be made aware of such a policy and be provided with a copy. This should occur each time the policy is updated.

Read More About Workplace Health and Safety Policies Here

Other Workplace Policies

2) Bullying and Harassment

The company must demonstrate that it has taken all necessary precautions to guard against discrimination or harassment in order to reduce the risk of litigation. However, this is practically impossible without a thorough policy!

3) Annual Leave and 4) Sick Leave

A leave policy can be quite beneficial for firms that go through seasonal busy times. To avoid being understaffed, a leave policy can account for appropriate coverage protocols and policies during peak times with longer notice periods for employees requesting leave.

5) Code of Conduct

Setting the expectations for your employees’ behavior through a code of conduct is crucial. A code of conduct will cover topics like appropriate attire, cell phone usage, timeliness, and using business property.

6) Social Media and Internet Usage

A social media strategy is necessary to safeguard your business’s reputation, especially if staff members post information about their work on their pages. It is a good idea to let employees know that their online conduct will be monitored because the distinction between personal and professional networks on social media can become hazy.

7) Drug and Alcohol Policy

Drug and alcohol use both during and after work hours can pose serious safety issues and cost your company money in the form of accidents, absenteeism, and lost productivity. A drug and alcohol policy can outline a company’s rights to conduct drug tests on employees while also promoting and maintaining a risk-free workplace.

8) Performance and Misconduct and 9) Disciplinary Policy

Any organisation will regularly manage performance, but it may frequently be a delicate task. A policy will help you stay in compliance with the demands of procedural fairness and give instructions on how to handle inappropriate behavior.

10) Anti-Discrimination and EEO

There is no place for discrimination in your workplace. Your policy should stop unlawful behaviour before it takes hold. While behaviour that is against the law is the responsibility of a person, employers have a statutory duty to proactively eliminate behaviours in the first place and maybe vicariously liable for the actions of their employees.

It can be extremely difficult to attempt to reprimand employees for violating company policies when those regulations are not documented, widely distributed, or easily accessible. Therefore, any company should make establishing a strong set of policies and procedures a priority.

Do you need advice with your workplace policies?

We’re ready to help you.

info@clydeindustrial.com.au

1800 954 696

Flexible Work Arrangements

Why Flexible Work Arrangements are Hyped and Trending

What does flexibility actually mean? It’s a buzzword that’s being used more and more in workplace conversations by both companies and employees. Flexibility in the workplace is when modifications are made to how, when, or where a person works to satisfy the needs of an individual, a business, or in some circumstances, both.

The Truth about Flexibility

Some business owners define flexibility as nothing more than working extended hours to accommodate clients or consumers from various places or industries, or opening on weekends or holidays to draw in more people. For others, it can entail hiring temporary workers to bolster a permanent workforce or requiring current employees to put in more hours. In our post COVID-affected world, flexibility has become increasingly evident, with many employees developing hybrid positions and working from home to allow for flexibility both inside and outside of the workplace.

Wages and Payment in Flexibility

You must pay your personnel fairly, regardless of how your business is run, even while working flexibly. For instance, working before, after, or on the weekend may result in fines or overtime charges. How will you maintain track of an employee’s working hours if you allow them to work remotely? Are you fulfilling your commitments for the minimal engagement duration if you give your employees the freedom to work whenever they choose, for example, on a results-based system?

Before ordering or approving a flexible work arrangement, these aspects must be taken into account. The best course of action is to review the employee’s contract as well as any relevant modern award or enterprise agreement to see if there are any remuneration implications of workplace flexibility.

As everyone is aware, failing to pay the correct minimum entitlements under an enterprise agreement or modern award can result in severe fines under the Fair Work Act (FW Act 2009).

Working Conditions for Flexibility

The employees themselves may request flexible working conditions from you, such as a reduction in hours, a later start time, or the option to work from home. The following employees have the right to ask for a change in their working conditions under the FW Act’s National Employment Standards (NES):

  • a guardian or parent of a young child who is at school;
  • a caregiver as defined by the 2010 Carer Recognition Act;
  • a disabled individual;
  • a person who has reached the age of 55;
  • a person who is being abused by a family member of the employee; and
  • an individual who offers care or assistance to a member of the employee’s household or immediate family who needs it due to violence they are facing at the hands of a family member.

To be qualified to make a flexible work request, the employee must have worked for you for at least 12 months continuously or be a long-term casual employee with a reasonable expectation of ongoing employment on a regular and systematic basis.

A request for flexible working hours from one of these employees must be taken into consideration, and you must respond in writing within 21 days to say whether you accept or reject the request. Additional procedural requirements, such as the necessity to truly attempt to achieve an agreement on a change before rejecting a request, may be imposed by a modern award or enterprise agreement.

Can Flexibility Requests Be Denied?

You may decline a request for flexible working arrangements from an eligible employee only on reasonable business grounds, such as that granting the request would be financially or logistically impossible, or that it would have a major impact on productivity or customer service, and you must state your reasons for refusal in your response. It must be more than just annoying or unwelcome.

But what if a request is made by a worker who doesn’t meet the aforementioned requirements? Although they have no legal need to have their request taken into account in this situation, we advise doing so out of a sense of good judgment. In order to foster a culture of mutual flexibility and to ensure that your staff feel appreciated and heard, it may be worthwhile to take a minute to examine whether such a request is feasible for your company. After all, they’re more likely to reject your pleas for flexibility if you reject theirs. Additionally, it will lessen the possibility of employee claims, such as those based on discrimination.

In the case of employees who are working from home, you should get more insight as to why they are sending such requests before approving or denying flexibility arrangements. Objectivity will be your friend and your employees will need to give you a good reason more than mere convenience.

If you need help in building a solid system and ensuring that your protocols and processes are compliant for flexible working arrangements, contact Clyde Industrial now.

Let us help you. We’re ready!

info@clydeindustrial.com.au

1800 954 696

Facts About Discrimination in the Workplace #EqualOpportunity

Discrimination in the workplace is unlawful in Australia and can carry significant penalties. Discrimination can occur in one of two distinct ways, either direct discrimination or indirect discrimination.

Direct discrimination occurs when one person or group of people is treated less favourably at work because of their protected personal characteristics (known as protected attributes). Indirect discrimination occurs when an unreasonable requirement, condition or practice (e.g. a workplace policy) disadvantages people with a protected attribute. Indirect discrimination may involve a rule which is applied universally to all employees, but is likely to significantly disadvantage one particular group. For example, if a business had a ‘no part-time’ policy, this may disproportionately affect women.

The Fair Work Act

The Fair Work Act 2009 (Cth), State and Territory discrimination laws, and specific federal discrimination laws all protect employees from being the victims of discrimination at work.


The Fair Work Act says it’s illegal to treat employees badly because of things like their race or disability:

  • race
  • colour
  • sex
  • sexual orientation
  • age
  • physical or mental disability
  • marital status
  • family or carer’s responsibilities
  • pregnancy
  • religion
  • political opinion
  • national extraction or social origin

The Fair Work Act’s accessorial liability provisions hold managers and HR specialists responsible if they participate in any “adverse action” against an employee. They may also be held accountable in any action brought against the business. “Adverse action” is a broad phrase that can refer to any action that adversely affects an employee. It is not limited to dismissal, and can include taking disciplinary action, changing their position to their detriment, demotion or changing work locations to name a few. Where the reason for the decision was discriminatory, such action is unlawful and would amount to a breach of the General Protections provisions of the Act.

If an employee feels they have been the target of discrimination or other unfavorable treatment at work, they have a number of options at their disposal. These actions may include bringing general protections claims before the FWC, or the Federal Court, or filing a claim with the pertinent state or territory anti-discrimination commission. These obviously pose significant risks to employers, both financially and reputationally.

Business Decisions

To reduce the risk of discrimination or “adverse action” claims, business decisions must align with job requirements. Employers use policies to ensure lawful, thoughtful decisions. An anti-discrimination policy signals a zero-tolerance culture and can be standalone or part of a broader policy.

It may be common sense to most, however it is important to be mindful of how general protections and anti-discrimination provisions may impact your decision making during a recruitment process.

This is important right throughout the recruitment process. This includes consideration of the job ad, the position description. Even in shortlisting, interviewing, decision-making process and the negotiation and contract offer.

Do you need help with discrimination issues in your company?

We’re ready to help you.

info@clydeindustrial.com.au

1800 954 696

external HR support

How to Prevent Constructive Dismissal with External HR Support

When it comes to workplace issues, the most common problems occur when there are no clear workplace policies and procedures in place.

This is particularly important when it comes to the matter of staff resignations.

When a person resigns from their position, there are many factors to take into account and the reason behind that resignation is crucial.

It is not always a clear-cut decision for an employee to move to a new role in a different business that leads to them resigning.

This is when complicated issues such as constructive dismissal may arise.

What is constructive dismissal?

Not many people would be aware that even though an employee resigns, they could still claim that they were unfairly dismissed.

The term ‘constructive dismissal’ is essentially the situation where a person resigns from their job but was forced to do so because of the actions of their employer.

If an employee makes a claim of constructive dismissal, they are basically saying that they have resigned because there was no other choice. The employee must then demonstrate that their resignation was a result of coercion in order to succeed.

The most common claim of constructive dismissal is made when a person leaves their job because they were the victim of bullying or harassment at work, either from the employer or their co-workers.

It is in these circumstances that the employee may claim that he or she was compelled to resign because the employer failed to properly deal with this behaviour. This applies to an employer who makes changes to the employee’s roster or ordinary working hours in a way that they know will have a detrimental effect on the employee.

Workplace policies and procedures

How to deal with discrimination 

To be eligible to seek relief through the unfair dismissal claims process, an employee must have been dismissed. Where an employer terminates an employee’s contract of employment, this element is clearly met.

It can be less clear in the situation where the employee has resigned but brings a claim of a constructive dismissal argument. Before making a determination about whether the dismissal was unfair in these cases, the Fair Work Commission must first decide whether the employee’s dismissal (as a result of the employer’s conduct, or course of conduct), before determining whether the dismissal was unfair.

How to prevent constructive dismissal with the right support

By utilising the best in external HR support, you can often prevent issues such as constructive dismissal. This is when having the correct workplace policies and procedures in place can be invaluable.

With expert advice and guidance, you can protect your business from the serious issues of unfair dismissal claims.

Some of the most fundamental preventative measures are:

  • Making sure that employee engagement is a part of your HR processes can be very beneficial.
  • Supporting staff by offering help when they are encountering workplace difficulties or issues. By actively listening and empathising, employees can feel they are supported by you.
  • Guaranteeing that your workplace is bullying and harassment-free.
  • Communicating clearly any changes in the workplace, or in your employee’s role, and verifying and documenting their understanding.

These are simple but important steps in preventing unfair dismissal claims. To implement them effectively, it makes sense to engage the help of experts.

Making better business decisions

The matters of unfair and constructive dismissals can be extremely complex and need to be addressed on a case-by-case basis. 

This is when having the best professional advice can be invaluable, especially before making any decision regarding dismissing an employee.

That’s where Clyde Industrial leads the way.

We’re able to offer employers expert guidance in representation in unfair dismissal and general protection matters.

Contact us today for the ultimate in external HR support and service for your business.