Support your clients with expert
employment practice services
Webinar2nd October 2018
Jenny Bax, State Manager NSW MBA, Grad. Dip (Ins), ANZIIF (Fellow), CIP
Jenny has a wealth of experience, having spent over 20 years in senior management roles across Sales, Underwriting &
Operations at QBE and CGU both here in Australia & overseas.
A founding member of ANZIIF’s General Insurance Faculty Advisory Board, Jenny also has a Master of Business Administration and
Graduate Diploma in Insurance through Deakin University.
Webinar Key Speakers
2
Anthony Black, Senior Risk Solutions ConsultantAnthony is a passionate advocate of the value of risk management in good governance and achieving objectives. He brings a wide
variety of sector experience and expertise to his role. As a former nurse and health service executive, he understands the challenges
and uncertainties of managing complex services.
Prior to joining Ansvar, Anthony was responsible for the delivery of risk management advice and solutions to the Victorian Public
Sector, specialising in Health, Human Services, Community Care and Education. Anthony takes a practical and tailored approach to
risk management; designed to shift focus from traditional methods to more strategic thinking and approaches.
Tariq Nasri, Senior Employment Relations Advisor (Employsure)As a Senior Employment Relations Adviser, Tariq provides specialised advice on complex employment relations and work, health
and safety matters to Employsure’s small business clients across Australia.
With an extensive background across employment relations, he works daily to ensure clients are across changes to their industry
Awards and meeting their obligations as employers in relations to the Fair Work Act.
• Summary of Ansvar’s Risk Management Solutions: Risk Partnerships
• New Risk Partnership with Employsure
• Free advice line
• Excess reduced
• Legal compliance and proactive ways to managing staff
• How to identify red flags in your client’s business
• Key ingredients to help prevent Employment Practice Liability claims
• Expert employment practice services available to your clients
• Overall risk strategy importance
• Questions and answers
Webinar Overview
3
Ansvar Risk Solutions
Enterprise Risk
Management
Consultancy and
Workshops
Online Risk Packages
Risk Partnerships
Risk Quality Surveys
General
Drone
Tools and Resources
Checklists
Fact Sheets
Ansvar Risk provides a package of holistic risk management solutions through a highly experienced risk
solutions team who understand risk and the requirements for organisations across our core sectors. Risk
management solutions include:
More details are available on Ansvar Risk website
Ansvar Risk Solutions
Risk Partnerships
National background
employee/ volunteer police
checks
Employment relations advice
helpline available to Ansvar
clients
Exclusive to churches:
Training and tools for Church
leaders and members
Introducing Employsure’s expert
employment practice services
Expert Advice Line 1300 938 220
6
Operating Hours: 8:30 AM – 5:30 PM, Monday – Friday
Phone: 1300 938 220
Access advice on:
Disciplinary action
Performance management
Termination
Resignation
Underpayment disputes
Bullying complaints
Regulator investigations
Union interference
Independent contractors
By being part of the Ansvar community, you are able to access our free advice line and
receive guidance from an employment practices specialist.
Access documentation on:
Disciplinary invites and outcomes
Performance management invites
Termination letters
Resignation acceptance letters
Underpayment responses
Bullying complaint responses
Redundancy letters from start to end
BenefitsAny Ansvar client who has a Management Liability Policy (existing and new) will have their
excess reduced to $1,000 for any Employment Practices Liability claim by following the
below;
Excess Reduced
7
• Call the advice line before embarking on any action regarding employee
related issue
• The experienced and dedicated team at Employsure will ensure the clients
actions and processes are in line with Procedural Fairness requirements
and support the client with relevant documentation.
• Provided the client follow and enact the advice provided to them along the
way, the standard excess will decrease to $1,000 for each and every claim
• If the process is not followed by the client and a claim is put forward, the
standard excess will apply ($5,000 for each and every claim)
8
True or False?
You need three
warnings before you
can terminate
You can terminate
someone on the
spot for serious
misconduct
If an employee does
not hit KPIs you can
terminate them
You can terminate
someone via text
9
Contract
Enterprise Agreement
Modern Award
Fair Work Act 2009
Federal Legal Framework
10
National Employment Standards
The 10 minimum entitlements contained in the NES are:
1
2
Maximum weekly hours
Requests for flexible working
arrangements
Parental leave and related entitlements
Annual leave
Personal carers leave and
compassionate leave
Community service leave
Long service leave
Public holidays
Notice of termination and redundancy
pay
Provision of the Fair Work Information
Statement (FWIS)
3
4
5
6
7
8
9
10
11
National Minimum Wage
1 July 2018 minimum wage changes
What is a national minimum
wage order?
The national minimum wage order must set
the following wages for award or agreement-
free employees:
- A national minimum wage
- A special national minimum wage
- A casual loading
- The national minimum wage is currently
$18.93 per hour or $719.20 per 38 hour
week
- Casual employees covered by the
minimum wage also get at least a 25%
casual loading
12
Getting it Right
The Fair Work Ombudsman
• Recovered $30.6 million for 17,000 employees
• In 2016 – 2017 the FWO investigated 26,917 requests for assistance
• In 2016 -17, of 55 civil penalty litigations, 50 matters resulted in more than $4.8 million
court-ordered penalties.
• 75% of litigations concerned wages and conditions
• Penalties of more than $1.1 million were ordered against individuals named as
accessories during the year.
13
Risks
Unfair dismissal
Adverse action and
discrimination
Bullying and harassment
Risks you should be aware of:
Potential Liabilities
14
Contracts and Policies
15
• Dynamic and discretionary
• Can be amended without employee
contract
• Employee is not required to sign
• Legally enforceable terms
• Enforcing expectations
• Confirms terms and conditions
PoliciesContracts
What’s the difference?
Contracts and Policies
16
• Setting expectations
• Enforcing expectations
• Influence morale
• Improve productivity and efficiency
• Creates certainty
• Ensures compliance
• Protection against claims
• Protection for you
Manage employees Manage risk
Why are they so important?
Mitigating your Risks
17
• An employee made a complaint to her manager about a
colleague’s inappropriate behaviour, which included
touching her leg and repeatedly asking her to go for a drink
• The complainant initially asked her manager to leave her to
handle the situation herself. The manager, as requested,
did not take any action
• The employer was still found liable for damages of $25,000
What happens if you do not follow a fair process?
Mitigating your Risks
18
Frequent Changes
19
Annual
minimum wage
increases
Changes to the
Fair Work Act
Changes to
Modern Awards
New and
changes to
codes of
practice
20
Operating Hours: 8:30 AM – 5:30 PM, Monday – Friday
Phone: 1300 938 220
Access advice on:
Disciplinary action
Performance management
Termination
Resignation
Underpayment disputes
Bullying complaints
Regulator investigations
Union interference
Independent contractors
By being part of the Ansvar community, you are able to access our free advice line and
receive guidance from an employment practices specialist.
Access documentation on:
Disciplinary invites and outcomes
Performance management invites
Termination letters
Resignation acceptance letters
Underpayment responses
Bullying complaint responses
Redundancy letters from start to end
Expert Advice Line 1300 938 220
21
Thank you for your
attention.
Any questions?The complete webinar and Q&A’s will be available on
www.ansvar.com.au
For more information on anything that was discussed please
contact your dedicated Ansvar relationship manager
Questions