The Fair Work Commission

I thought it might good to share some learnings based on a few Fair Work Commission (FWC) cases I’ve been involved in recently. I’ve helped people on both sides of the table – employees and employers – so some of my observations will apply to only one group or the other.

These are very general thoughts and are definitely not to be taken as any sort of HR or legal advice. If you require advice on an unfair dismissal case (whether you’re an employer or an employee) I may be able to offer assistance as a paid agent.

  • The FWC cannot hear cases where the dismissal was a genuine redundancy.
  • If you’ve been retrenched you will need to demonstrate how your termination was a non-genuine redundancy. Here are some things to consider:
    • If you’re covered by a Modern Award or an Enterprise Agreement you should have been consulted about the redundancy
    • Even if you’re not covered your employer has to investigate redeployment possibilities for you
    • As an employer, you might want to suggest your employee have a support person with them at the termination meeting
    • Redundancy should be a last resort and not entered into as a disciplinary process to get rid of non-performing staff
  • If you’ve been underpaid by your employer on termination (eg they didn’t pay you severance pay that you were entitled to, they miscalculated your notice period or didn’t pay out your annual leave) then you should take your claim to the Fair Work Ombudsman (FWO) first. It will advise you on your best course of action which may include taking your employer to court. The exact legal remedy will vary from state to state.
  • The FWC does not correct underpayments. It awards a monetary amount if it finds that you were unfairly dismissed. The maximum the FWC can award is 6 months of your salary with a current cap of $74,350.
  • The FWC cannot award you damages for hurt, humiliation or distress brought about by your dismissal.
  • The first meeting you have will almost certainly be a phone hook-up with a FWC conciliator. This person’s role is to settle the matter before it goes to a formal hearing.
  • The fee for lodging an unfair dismissal claim is currently $73.20. In some cases, this fee may be refunded to you.
  • The employee’s application is made on a Form F2. You have 21 calendar days from the day after your termination to lodge your F2.
  • The employee is called the applicant and the employer the respondent who completes a Form F3 in response to a claim.

 

Totally free HR hotline for businesses

People say there is no such thing as a free lunch. Well, at Wurth HR, we’ve stopped taking our clients out to lunch for obvious reasons.

What we’re offering instead is a totally free 30 minute ‘phone consultation for any business looking for some HR guidance in these troubled times. We don’t promise to have all the answers but we know we’ll be able to point you in the right direction at least.

We won’t even ask who you are so don’t think that by ‘phoning us we’re going to hound you for the next 2 years by trying to sell you something.

So, if you’re looking for some help with the WHS implications of having staff work from home, stand-down provisions, using personal/carer’s leave to look after kids at home and the like then give us a call:

1300 900 741 or email: info@wurthhr.com.au

 

 

A really simple icebreaker

I’ve been using this icebreaker in my TAE workshops for years. It’s simple to run and people respond really well to it.

  1. Break people into pairs – if you have an uneven number of learners you pair up with someone
  2. People are instructed to interview their partner for 5 minutes. They have to get answers to the 3 questions outlined below as a minimum (they are told to take notes as they will need the information later but you don’t tell them why):
    • What job the person has or intends to pursue
    • How that links in with them doing TAE (or whatever workshop you’re running)
    • What their expectations of the course are
  3. People are encouraged to solicit some personal information as well. I always joke that people have the right, under the 5th amendment, not to answer any personal questions, if they choose not to
  4. After 5 minutes people swap roles, with the interviewer becoming the interviewee and vice versa
  5. If the trainer has to make up a pair you tell your interviewer to ask you about yourself, your training business (trainer credibility) and any other personal details they’d like to know. The 3 questions listed above are not really relevant
  6. After the 2nd 5 minutes everyone stops
  7. People then have to introduce their partner to the group, answering the 3 Qs listed above and adding any personal intel they’ve been able to unearth. They can use their notes for this
  8. I ask them to stand as they introduce their partner

I run this icebreaker within 20 minutes of starting day 1. It works particularly well in TAE workshops as participants get to do a mini-presentation right from the get-go in preparation for when they have to do their TAEDEL401 presentations later in the course.

 

 

David Wurth

The Concept of 70/30

Whenever I’m training people in presentation skills or the Certificate IV in training and assessment, I often make reference to something called 70/30. I made up the name myself but the concept itself is very well known in training circles.

It refers to the percentage of time that a facilitator aims to have their course participants actively involved in the course content – 70%. The remaining 30% is for the facilitator to present course content, usually technical information that needs to be imparted by a subject matter expert. Quite often, during the 30% facilitator-centered part of the training session, presentation software like PowerPoint or Prezi is used, usually pretty badly. That’s just one of the reasons why we try to limit the time where the facilitator holds centre stage in the training room. But that’s the topic of my next blog.

How do I incorporate 70/30 into my training sessions?

You’re probably doing it already but you call it something else. The very simple trick is to vary your delivery strategies so that they focus mainly on your course participants. You want them to be actively involved in their own learning and not just sitting there passively as you flip through your no doubt beautifully crafted PowerPoint slides.

Which delivery strategies allow you to do this?

  • Question and answer
  • Brainstorming
  • Group work
  • Demonstrations
  • Case studies
  • Role-plays
  • Games

are a few examples. Each strategy has its own pros and cons and you need to vary your use of them.

One last thing to remember is that by using these strategies you give up control of your class to some extent. But that should be a positive thing  – adult learners usually respond well when they have a say in how they learn.

 

 

 

Annualised salaries

There’s been a lot written recently about the above topic. It’s pretty confusing so let’s try to make some sense out of it.

  • Firstly, the change is happening from 1st March this year so there’s less than a week to go. What is changing exactly?
    • Annualising an employee’s salary means that you calculate how much overtime and shift penalties etc would normally apply to each pay and make an assumption that your employee will normally receive this amount every payday. It saves you the trouble of manually calculating overtime and shift penalties each payday. You annualise the salary then divide that number by the number of paydays in a year to work out how much your employee earns each payday
    • From 1st March 2020 more Awards will allow this form of paying employees
    • You may already be doing this and that’s fine – see below for more information
  • As an employer you will need to ask yourself a number of questions. Your answers to these questions will determine how much this legislative change is going to affect your business:
    • Do you have any employees covered by a Modern Award? Chances are you do but you mightn’t know it. Get advice if you don’t know the answer to this question
    • If the answer is yes, do you know which of the 122 Modern Awards cover your staff? Refer to the list of 22 Awards which have had annualised salary clauses recently added. Again, you may need to get advice on this one
    • If any of the Modern Awards that cover your employees are on the list of 22 you will need to make a decision as to whether you want to annualise your employees’ salaries or simply pay them as per the Award with all the penalty rates, overtime and other loadings that may apply.
  • Why would you want to annualise? A lot of employers do this to ease the administrative burden of having to work out each pay as it arises. With annualised salaries, the pay is the same every payday because the variables like overtime and penalty rates have all been pre-calculated and taken into account, to a certain extent
  • What if I’m already doing this? That’s fine and you can continue to do so but there are a lot of extra safeguards you’ll need to consider to meet the new legislative requirements. These are mainly concerned with time-keeping and regular salary reconciliations to ensure that your employees are better off being paid an annual salary than being paid via the Award.

Feel free to drop me an email or call to discuss further. It’s a bit of a minefield and each case will be different.

How to set your fees as a freelance developer

This article was originally published by JetCake.

One of the trickiest parts of making the shift from full-time to freelance is learning how set your hourly rate. There are many factors to consider when going from salary to hourly, including your level of expertise, added costs for health insurance and other overheads, as well as your time and the project scope. The further along you are in your career, the more you can charge; but setting your rates too high can disqualify you from many opportunities that can bring professional development and build your portfolio.

We’ll take you through the various parts that make up a salary calculation and help you determine how to optimize your offering for the best possible rates. But, if you’re looking for a quick benchmark, CodeMentor reports that experienced developers based in the US are asking for between $60 – $100+ per hour; developers based outside the US ask for between $40-60, depending on where they’re from. 

Here are some tips for setting your hourly rate as a freelance developer.

Fixed-rate, hourly rate or retainer? 

The first step to setting your rate is to determine how you’re going to be paid. There are three ways to charge as a freelancer

  • Fixed-rate: a fixed-rate project is one in which the price is agreed upon in advance. The final cost doesn’t change, regardless of how many hours you spend doing the work
  • Hourly rate: more flexible than the fixed rate, the hourly rate means an hour paid for an hour worked. Some companies ask developers to track their time for more transparent invoicing
  • Retainer: “retainer contracts are based on an hourly rate, but specify the number of hours and weeks the freelance developer is to be retained for,” writes CodeMentor. For instance, a client can reserve a developer’s time, ensuring their project will get priority for 20 hours per week for 10 weeks. 

The way you charge – fixed, hourly or retainer – depends on the scope of the project and the type of work you’re asked to provide. Fixed cost contracts are generally not suitable for developers unless you’re already experienced in setting expectations, scheduling milestones and adhering to your timeline. Since one report found that more than 83% of software projects aren’t carried out as initially planned, you could lose a lot of money when a fixed-price contract goes off schedule. For this reason, many developers stick to retainers or hourly contracts. 

What’s the market rate?

The next step is to learn more about the market in which you’re competing for work. Price your services too high, and clients will go to someone more affordable. Discount your work too much, and you’ll struggle to make ends meet. 

As we mentioned previously, freelancers charge different amounts based on where they live. Cost of living varies dramatically depending on your home country; a developer in San Francisco must charge more than a developer in the Philippines. Keep this in mind as you compete for contracts. Your level of experience is also an important factor. When you’re just starting out, you may want to discount your rates slightly to help build a portfolio of work and a reputation. Ask for client testimonials as you go. Your reputation as a freelancer is crucial to continuously grow your business. 

Lastly, price your services based on your unique offering. Are you well-versed in a specific language? Can you work faster than most coders in your area? Do you know how to design an app that never crashes? Price your skills higher to attract clients that are more discerning when it comes to quality and expertise.

What are your overhead costs? 

There are some administrative costs you must factor into the overall rate calculation. Freelancers have to pay taxes as well as healthcare, professional development costs, software subscription fees and other things for which your company may have historically picked up the tab. 

One freelance developer who has gone through this process notes, “You’ll have to pay all your own Social Security and Medicare taxes, and you’ll pay your income taxes out of whatever you have saved yourself. Make sure you factor this into your rates and that you save for it. I’ve generally saved 20% for taxes, but last year that wasn’t enough for me. I’m saving 35% this year.” If you’re unsure how much you should save for taxes, speak to an accountant who can provide more information about your tax bracket and the according rate. 

Still not sure how much to charge? Check out CodeMentor’s rate finder tool or get in touch with the experts at JetCake to learn how to join our network.

Tips for your next presentation

They say that public speaking is most people’s number one fear. I don’t buy it. Although public speaking always makes me feel anxious I have my own list of what scares me the most:

  • Flying
  • Spiders
  • Being a passenger in a car
  • People stopping me in the street to ask for money

If you’d like to feel better about making presentations or speeches here are a few tips I’ve picked up over my years of teaching presentation skills (in no particular order):

  1. There is no such thing as over-practising. The more you run through your speech or presentation the better it will be on the big day
  2. Use Powerpoint (PPT) sparingly. Choose visual content rather than words. Turn off your PPT by using the “b” or “w” keys (try it – it actually works!) during your presentation so your audience concentrates just on you and your message
  3. Work out where and how you want to finish your presentation and work backwards from there. That way your whole presentation will have a simple, logical flow that people will easily follow
  4. Use silence to give your audience (and yourself) a rest. They will appreciate that you’ve given them time to catch up with what you’ve been saying
  5. Work on removing “um” from your vocabulary and any other filler word that has no meaning (ah, you know, so, etc). The best way to do this is to be aware of when you say it – get your partner or work colleague to pick you up on it each time. It won’t take long before it disappears entirely
  6. Don’t forget to breathe. You may need to stop talking to do this but that’s good for you and your audience (see point 4 above)
  7. Never, ever introduce yourself with “For those of you who don’t know me…” I know, most people see you as a famous rockstar – how could anyone not know you?
  8. Try to have a few STAR (something they’ll always remember) moments in your presentation. This could be a shocking statistic, a poignant visual or a personal anecdote
  9. Never forget that your audience wants you to succeed. They want you to entertain them, teach them something and give them food for thought later

5 Steps to Professional Development as a Freelancer

This article was originally published by JetCake.

Freelancing can be isolating. The flexibility of freelancing is a double-edged sword: on the one hand, a professional can make their own hours and work from anywhere. On the other hand, a freelancer often works from home or at odd hours – and it can be lonely to work in that kind of solitude. 

Of course, loneliness can be resolved by going to a coffee shop to work or meeting up with other freelancers for a co-working session. The more serious threat to a freelancer’s career is the lack of professional development and mentorship that would otherwise be available in a traditional office environment. It’s incumbent on freelancers to seek out their own development and mentoring opportunities to continue to grow professionally. Often, there’s no formal corporate ladder, no regular one-on-ones and no development benefits available to freelancers. 

For a freelancer seeking professional development and mentorship opportunities, here are some steps to take to branch out and grow your skills.

Complete a skills evaluation

Part of learning where you can develop is identifying areas of strengths and weaknesses. This is an important first step to your professional development. “While it can be tempting to rely on a mentor to give you guidance on where you need to improve, you’ll get much more out of any mentorship relationship if you’ve done some self-reflection first,” writes Entrepreneur. 

There are a variety of tools to help you understand your work style. Some popular tools include: 

If you don’t have the time or the budget to take a formal assessment, ask trusted colleagues or clients to give you some feedback on where you could improve. It could be as simple as asking a client what they think they will need ten years down the road: for instance, what coding language would be useful to learn? What business trends or customer preferences are they planning for? Map your development around the needs of your customers to stay sharp.

Create a professional development plan

Once you have a sense of where you can grow, create a professional development plan. Flexjobs says this step involves deciding on which of two areas you should focus your effort: “learning new skills or developing existing ones.” Essentially, do you want to become an expert in something you’re already good at or do you want to broaden your skill set to learn new things?

There’s no right answer to this question. But, it does help guide freelancers to spend their time thoughtfully. When you have a path to focus on you can then begin to carve out time each day to practise a skill, enroll in a class, attend a seminar or listen to podcasts. It also gives you direction when working with a career coach or mentor.

Work with a coach

JetCake is just one agency where freelance developers can take advantage of coaching and a network of professionals to get career development. Our coaching focuses on working through a series of real-world projects that will hone your skills in effective communication, accurate estimation, agile methodologies, product concepts and more. Once a freelance developer completes this phase in their relationship with JetCake, and successfully completes a project with a client, they will have access to JetCake Developer Network for ongoing support, learning and growth. Codementor is a similar organisation that offers live mentorship on freelance projects. 

Other freelancers work with career coaches to help get feedback on their business, skillset and growth. A career coach can weigh in on your LinkedIn profile, business development plan and help you expand your network much in the same way a traditional mentor would. They can be expensive though, so make sure you go into a career coaching relationship with a specific goal in mind.

Keep in touch with former colleagues

Harvard Business Review recommends trying to schedule two substantive contacts per month with former colleagues to combat freelancer isolation and to make sure you’re apprised of industry trends. “Seek out real, regular interactions with former colleagues. If lunch at the old office isn’t feasible, there’s always a sustained IM chat on Facebook, an outdoor activity or an invitation to dinner at your home. Such connections maintain continuity in your life. They also help you stay on top of what’s happening in your industry in a way that mere consumption of media can’t.” Keeping in touch with colleagues can help you find new business and learn more about your industry.

Join a coworking space

Join a co-working space or another professional development organisation, like Toastmasters. Co-working spaces frequently offer guest presentations or seminars to their members. Simply talking to people over lunch can also bring new learning opportunities across your desk. Find a way to network frequently and keep your big goals in mind as you interact with other freelancers, colleagues and coaches.

7 most in-demand developer skills for 2020

This article was originally published by Jetcake.

Looking to get hired in the new year? Freelance developers are in high demand. Analysts predict that roughly 4.5 million new tech jobs will be created by the end of 2020 to fuel the widespread adoption of the Internet of Things, the rise of AI, and growing cybersecurity concerns in virtually every industry. Developers with certain skills will be well-positioned to take advantage of the many opportunities coming this year.  

There are many soft skills professional developers need to be successful. Along with characteristics like communication, teamwork, and flexibility, job experience in these technical areas is predicted to be highly sought-after in 2020. Here’s where developers need to focus their professional development in the coming year. 

Python

“Python is one of the hottest skills out there, named the most in-demand skill for 2020 across nine of our global markets,” writes one industry analyst. Since 2018, there’s been a 45% increase in developers listing Python as one of their areas of expertise: this coding language is in high demand for its versatility and ease of learning. Because Python can support everything from functional programming to object-oriented programming, it will continue to be one of the most in-demand skills of 2020. 

Java and JavaScript

Research by Indeed found that demand for both Java and JavaScript has risen by 6% and 17%, respectively, since 2014. Similarly, Hackerrank’s research found that JavaScript was 2018’s most well-known language. Developers interested in working on mobile and web applications, games and database software should invest in Java training; those interested in front-end applications and making websites more interactive should spend time focusing on JavaScript. 

Web development

Companies are adopting new web development tools such as Gatsby.js, React Hooks, Next.js, and SwiftUI, according to Udemy. Gaining expertise in the newest, cutting-edge apps and software can give developers a competitive edge in the job market. If you’re already an expert in web development, consider deepening your experience by mastering one of these platforms. 

Amazon Web Services

Amazon is dominating the market in cloud computing with Amazon Web Services. Their comprehensive cloud division covers database storage, analytics, content delivery, and other services that help businesses scale and grow. Demand for experience in AWS has grown 418% since 2014; consider getting a certification in AWS for 2020 to improve your position in the job market. 

Cybersecurity

Recent headlines aside, cybersecurity is a continuous priority for businesses of all sizes. Small businesses are especially vulnerable, with 43% of cyber attacks aimed at small merchants who are ill-equipped to protect their customer data. Cybersecurity offers a lot of job security (pun not intended) as more and more companies collect and store sensitive customer data to fuel their marketing and product innovation. Expertise in data security, InfoSec, network security, penetration testing, and Linux security can earn developers a high salary in a fast-growing field. 

Machine learning

Machine learning encompasses a variety of capabilities related to AI and IoT. Python and Java are part of machine learning expertise, but so is C++, R, probability and statistics, data modeling, distributed computing, automation, deep learning, and more. This field focuses on teaching computers to perform specific tasks without explicit programming. A background in applied math, algorithms, and statistics is also very helpful.

Data science and analysis

“In the last two years alone, 90% of the world’s data has been generated. The digital era has helped businesses across all industries to collect and store data in great volumes and this rapid growth isn’t slowing down,” writes one industry analyst. Experts at The Economist argue that the world’s most valuable resource is no longer oil – it’s data. There’s an overwhelming amount of data available, and demand for developers who can help collect, clean, synthesize, and analyze this data has grown exponentially since 2005.

Why Software Developers Need Career Coaching

 

Across the board, career coaching has shown to have remarkable benefits for an individual’s career. The Institute of Coaching reports that over 70% of those who receive coaching see improvements in their work performance, communication skills and relationships.

Executive and senior managers routinely get coaching from consultants hired to help them develop their leadership skills. CEOs including Bill Gates, Steve Jobs and Eric Schmidt have all worked with career coaches to hone their communication, develop new concepts and get feedback on their visions.

By working with a coach, developers and programmers can cultivate new skills, receive feedback on their career trajectory and learn how to future-proof their resume. Coaching can take different forms from informal coaching, like a coffee chat with experienced peers, to semi-formal mentoring or joining an organisation/team that provides mentorship. Coaching is critical to freelance developers seeking to stay ahead of the competition. Here’s why every developer needs career coaching along the way.

Develop your soft skills

Tech and coding skills dominate LinkedIn’s 2019 list of skills on employers’ wish lists. Most developers have a relatively easy time finding work. In the job market, 90% of developers have at least part-time work. Very few developers are unemployed and actively seeking a new job. It’s a great position to be in, but it does mean competition for work at top companies will be steep. How can a developer stand out from the crowd?

Soft skills are among the most in-demand qualifications any employee can have, yet many developers and programmers ignore this area of professional development. Linkedin’s list of most-needed skills includes creativity, persuasion, collaboration, adaptability and time management. These are things that can make a freelancer stand out to Silicon Valley CTOs and recruiters who view dozens of coding candidates for one open position.

“In general, people from the technology sector tend to focus on hard skills but are not as focused on the soft skills currently in high demand. Once an employer has figured out they have the hard-techy skills, what will make them stand out beyond that?” says one expert.

Coaching can help developers by simulating real-world projects that hone communication skills, teach candidates to use agile methodologies and prepare them for work in collaborative teams. Companies are seeking to hire and you can command a better position in the job market by becoming a well-rounded candidate with more than one skillset.

Get guidance on your career path

Because there’s always a demand for developers, it’s easy to set your career on autopilot. When one opportunity ends, inevitably a few others pop up. A tech career coach can help freelance developers and tech professionals undergoing a transition choose which opportunities are worthwhile.

“A tech career coach can help you figure out how you can get from working on small projects to large projects. They can assist you in planning which types of companies to work at in order to work on large-scale projects. If you are a freelancer, career coaching can help you design a plan to turn small opportunities into larger ones,” writes one software developer blog.

Get your questions about freelancing or consulting answered by someone with experience in the tech industry. A career coach can connect you with a larger network of professionals to help you proactively approach your career path.

Future-proof your skillset 

The tech industry is constantly evolving, and as AI, VR, and IoT trends grow, developers must add new skills to their arsenal. However, when you’re immersed in work every day, it can be hard to sit back and predict what skills you will need to develop next.

Take the growing demand for JavaScript as an example. In 2018, reports Hackerrank, 73% of developers said they knew JavaScript. This number is a marked increase from 67% in 2017 – and it makes JavaScript 2018’s most well-known language.

However, students graduating from computer science programs aren’t learning JavaScript. Only 42% of student developers are learning JavaScript – it’s simply not taught at most universities. That means most developers are having to teach themselves JavaScript to stay competitive in the current job market.

Coaching can help flag discrepancies like this for developers seeking to future-proof their knowledge and skillsets. “Coaches can use assessments to identify strengths and weaknesses, both in terms of personality and skillsets. They can also help job seekers understand how a skill can be applied in a different way to a new job,” writes TechRepublic. Coaches keep tabs on macro-trends in the tech world to tell you where you’re falling behind. Some tech coaches will also take it a step further and place a developer in a job. These coaches know IT recruiters and can help you study for the technical portion of an interview. Developers can take advantage of coaching to stay competitive in the job market, grow their soft skills and ensure the longevity of their professional status.

This article was originally published at JetCake.