TAE40116 – where has all the delivery gone?

 

 

Like you, I’ve trained TAE40116 and most of its earlier versions (TAE40110, TAA40104 and BSZ40198 – oh, the memories!) for quite a few years now.

As we grapple with the requirements of each supposedly improved and more rigorous (assessment-wise, anyway) iteration of the qualification, the one big thing that changes each time is the amount of assessment that each unit of competency demands.

Some people say this is good thing. Remember back to the early 2000s (when we were all young and beautiful!). We trained and assessed BSZ40198 – 8 units of competency with many trainers easily gaining RPL for a big chunk of it. It was pretty easy for trainers, assessors and learners, let’s face it.

Then TAA40104 emerged from the darkness as punishment for those of us who thought we had struck gold with BSZ. It contained a whopping 14 units of competency, nearly double its predecessor’s 8 units, with such gems as “Work effectively in vocational education and training” and “Foster and promote an inclusive learning culture”. Our lives as VET trainers and assessors were changed forever.

In 2010 sanity prevailed somewhat with the introduction of the new TAE40110 qualification. Only 10 units of competency but with a much heavier assessment load. We started spending more time in the classroom either explaining the assessment requirements or actually doing simulated assessments so as not to leave our students with a heartbreakingly heavy workload to take home at the end of the course.

Around 2014 we started to get news of the new TAE to be rolled out in 2016. 2 core units were to be added – TAELLN411 and TAEASS502. Savvy RTOs added these 2 units to their TAE40110 electives in preparation. As you no doubt recall, it took most RTOs an average of 18 months to get the new TAE on scope. We were able to teach out TAE40110 for 18 months until October 2017, simply because (much to ASQA’s discredit) there were very few RTOs who had the new version on scope before then.

Those of us who stayed training and assessing the new TAE (a lot of people didn’t hang around and sought the greener pastures of non-accredited training) had to contend with a mind-numbingly array of assessment requirements which we would spend hours in class and post-course explaining to our poor bewildered students. Our delivery module was taken up with 3 days of endless presentations, leaving precious little time for actual learning. Our assessment module was the same – almost no delivery or learning because we wanted to provide our learners with the opportunity to complete at least some of the assessments in class.

More recently, however, I’ve found some RTOs offering a vastly improved version of TAE40116 where their intructional designers have struck a much better balance between delivery and assessment. I’m sticking with them for the time being.

 

 

It’s that time of year again!

The work Christmas party and annual closure

Yes, Christmas is nearly upon us again. You’ve probably booked your venue for the annual celebration of your business’ stellar performance throughout the year. You want to thank your employees for their massive contribution and you probably feel like letting your hair down a bit too.

That’s great but it’s prudent to have a few checks in place before the big event:

  • You no doubt already have strong policies on bullying and sexual harassment. Now is a good time to remind your people of these policies and to review what is expected of people generally when they attend a work-related function
  • You should remind people a few days before the party of how you expect them to behave on the day itself
  • Make sure the venue you choose has a responsible serving of alcohol (RSA) policy that they strictly adhere to
  • On the day of the function ensure that at least one senior manager is present at all times during the function. It’s preferable if that person doesn’t drink at all. You can solicit the help of any other non-drinkers, if they’re willing to keep an eye on things
  • Make sure you serve non-alcoholic drinks and plenty of food and water, keeping in mind any special dietary requirements
  • If anyone seems drunk they should be immediately cut off from the bar and sent home in a cab
  • Have a definite start and end time for your function and make sure people leave the venue when the time arrives. Don’t let people linger at the same venue. If they want to kick on they should go somewhere else
  • Do not let anyone use their corporate credit card at a different venue. This also applies to you as the business owner, if you decide to kick on somewhere else. The idea is to separate your business from the social gathering, once the official party is over
  • Make sure people can get home easily after the event. You could set up a work Uber account and have a designated person available to book people’s trips home. Cab charges are a good alternative
  • Be sure to promptly and thoroughly investigate any complaints you receive about harassment, bullying or physical violence, as you would normally at any other time
  • Don’t forget, if you do close down over Christmas, give employees at least a month’s notice and be prepared to answer questions about paid and unpaid leave, especially from your recently-hired employees who may not have enough accrued paid leave to see them through the annual shutdown.

Personal/carer’s leave and part-time employees

A recent court finding has meant that personal/carer’s leave for part-time employees needs to be treated differently from now on.

The court found that part-time employees are entitled to 10 days of personal/carer’s leave, regardless of the number of days they work per week. As most of you probably already know, we used to prorata their entitlement based on their weekly hours.

Not anymore! Part-time employees get the same entitlement as full-time employees.

There is more to this story so if you want more detail please get in touch (see below).

The Federal government has sought leave to appeal this rather baffling decision so stay tuned.

Thankfully, annual leave entitlement is still prorated for part-timers. Apparently, this is because the Fair Work Act talks about 4 weeks annual leave whereas for personal/carer’s leave it mentions 10 days. Go figure!

Meanwhile, you’ll need to discuss with your payroll provider the best way to manage this.

I will keep you posted if anything changes.

Meanwhile, feel free to contact me on 1300 900 741 or email:

david@wurthhr.com.au

if you’d like to discuss your particular situation.

What’s ahead for HR in 2019?

2019 has arrived and business owners turn our minds to the year ahead while quietly reviewing the year that has been. How was your year? Better or worse than you had expected? Or pretty close to what you thought it would be?

Regardless of the sort of year you’ve had there are some HR challenges you should be thinking about for 2019 and beyond. Think of them as new year resolutions for your business:

  • Make sure you and your managers are having regular catch-ups with staff. By regular I mean at least once a month but preferably even more often than that. The catch-up doesn’t need to be formal or documented. It’s absolutely vital that you don’t just rely on an annual performance appraisal process as your only means of discussing performance. Employees’ strengths and a strong focus on improvement should always be on your management team’s agenda. You and your managers should make it the number one priority for 2019 and every year after that
  • Get your managers and staff trained in workplace harassment awareness, no matter how big or small your company is. You don’t want the Fair Work Commission knocking on your door when one of your employees lodges a formal complaint. Avoid the on-line versions of this type of training. They are purely a tick-the-box response and deliver very little learning. A better way is to use a skilled facilitator to conduct short workshops (around 1-2 hours) for managers and employees. Managers will learn how to handle a complaint and your staff will know you’re serious about eliminating harassment in the workplace
  • Don’t forget to allow staff to have a support person with them if you’re having one of those meetings where you’re discussing someone’s future with your company. If you refuse to allow a support person that alone could be grounds for unfair dismissal, regardless of how well documented your termination process is.

2 other interesting HR items have recently emerged:

  • Casuals – make sure you understand the difference between casual, contract and permanent employment. There is a big focus now on casuals actually qualifying for permanent employment and thus gaining an entitlement to paid leave and other benefits of permanent employment
  • Family and domestic violence leave – This new entitlement allows employees experiencing family and domestic violence to use up to 5 days of unpaid leave. This includes taking time off to:
    • make arrangements for personal safety, or the safety of a family member
    • move house
    • attend court hearings
    • access police services.

 

Save yourself some money

Annual leave is an often overlooked employee benefit, the careful management of which can save your business significant sums of money.

Cashing out annual leave

Most employees now can cash out some of their annual leave provided the following conditions are met:

  1. Each cash out must be covered by a written agreement between employer and employee
  2. Employers can’t force employees to cash out
  3. After cash out their remaining leave balance cannot be less than 4 weeks
  4. No more than 2 weeks every 12 months can be cashed out
  5. Payment must be equivalent to what they would have received if they had taken the leave

Forcing an employee to take leave

  1. If an employee has more than 8 weeks’ accrued leave and there is provision for it in the relevant Modern Award or Enterprise Agreement then an employer can “force” an employee to take leave
  2. One week minimum per occasion
  3. Your request for them to take leave must be reasonable
  4. Minimum 2 months’ notice and no more than 12 months’ notice
  5. After leave is taken employee’s leave balance cannot be less than 6 weeks

How does this save you money as a business owner? When an employee takes annual leave they are paid whatever salary they are on when they use their annual leave. What you don’t want is an employee accruing leave when they’re earning say, $75,000pa, and then using it 2 years later when they’re earning $95,000. So, the sooner you get employees to either cash out their annual leave or use it (a mandatory Christmas shutdown is also a good idea, but make sure it’s in your employment contract) the lower your annual leave liability will be.

It’s that time of year again

The work Christmas party

It’s that time of year again and you’ve probably already booked your venue for the annual celebration of your business’ stellar performance throughout the year. You want to thank your employees for their massive contribution and you probably feel like letting your hair down a bit too.

That’s great but it’s prudent to have a few checks in place before the big event:

  • You no doubt already have strong policies on bullying and sexual harassment. Now is a good time to remind your people of these policies and to review what is expected of people generally when they attend a work-related function
  • On the day of the function make sure at least one senior manager is present at all times during the function. It’s preferable if that person doesn’t drink at all. You can solicit the help of any other non-drinkers, if they’re willing to keep an eye on things
  • Make sure you serve non-alcoholic drinks and plenty of food and water, keeping in mind any special dietary requirements
  • If anyone seems drunk they should be immediately cut off from the bar and sent home in a cab
  • Have a definite start and end time for your function and make sure people leave the venue when the time arrives. Don’t let people linger at the same venue. If they want to kick on they have to go somewhere else
  • Do not let anyone use their corporate credit card at a different venue. This also applies to you as the business owner, if you decide to kick on somewhere else. The idea is to separate your business from the social gathering, once the official party is over
  • Make sure people can get home easily after the event. You could set up a work Uber account and have a designated person available to book people’s trips home.

Casual employees

From October 1 this year most Modern Awards will have a provision added allowing “a regular casual employee” with at least 12 months’ service to apply for their position to be made permanent. A regular casual employee is one who has worked a regular pattern of hours over a period of at least 12 months or more.

As an employer, you will have the right to refuse their application on reasonable grounds if you can demonstrate that, in the future, the work your casual employee currently performs will not be guaranteed or consistent and/or that the hours they work may need to be significantly altered or reduced within the next 12 months.

From January 1 2019, if you employ casuals, you will need to give them a copy of the clause which is being introduced on October 1 2018. All yet to be employed casuals will also need to receive a copy of the clause on commencement.

Now may be a good time to review your casual employment situation to ascertain whether you really employ casuals or permanent part-timers – call me on 1300 900 741 or email me for more information david@wurthhr.com.au

 

 

How to save your business money

There are 6 really easy ways for  businesses in Australia to save money. Here’s a quick checklist:

  1. If your business is based in NSW and you hire someone into a new position make sure you register with the NSW Government’s new hire scheme to be eligible for a rebate
  2. Stop paying super on overtime – only in very special circumstances will you have to
  3. Stop paying super beyond the current annual threshold of $216,120 (unless it’s specifically mentioned in your employees’ employment contract)
  4. Stop paying super on employees’ salary sacrificed amounts
  5. Have an updated leave policy which incorporates cashing out annual leave and making employees take their annual leave
  6. Get your staff and managers trained in workplace harassment awareness training

These are really simple steps you can take almost straightaway. To find out more contact me on 1300 900 741 or email me at david@wurhthhr.com.au

Updated Award rates, minimum wage and other changes effective 1/7/19

Here are some useful numbers for you and your HR team, all effective 1/7/19:

  1. Minimum wage – $740.80 per week (3.% increase) – $19.49 per hour ($24.36 casual); $38,521 pa
  2. Modern Award pay rates   all increased by 3%
  3. Unfair dismissal threshold – $148,700 (maximum payout is $74,350) – does not include super
  4. Maximum salary employers have to pay super on – $221,080 ($55,270 per quarter)
  5. Tax-free component for Eligible Termination payments – $10,638 plus $5,320 for each year of completed service
  6. Super guarantee – still 9.5%, no change scheduled until 1/7/21 (then .5% yearly increase to 12% from 1/7/2025)
  7. Payroll Tax NSW – 5.45% tax kicks in on amounts above $900,000 pa