New employees: navigating successful onboarding and probation

by Ilga Horvat

Ilga Horvat from Boutique HR shares valuable insights into the processes involved with bringing new staff into a business.

Starting a new job can be both exciting and nerve-wracking, but understanding the importance of successful onboarding and probation can make the transition smoother for everyone involved. During onboarding, new hires get acquainted with company culture, expectations and their role within the organisation. This period sets the stage for a positive work experience and helps employees integrate into their new environment.

Last month we spoke about how to hire the right person for your organisation. Now that you have them, how do you ensure they succeed in the role and achieve what you need them to?

No matter the role, it is essential that the person hired understands what they should be doing day to day and given a rundown of the processes that are followed in the business.

It may sound obvious, but so often when everyone is busy, it is often assumed that the new employee will know what they should be doing and come with an intuitive sense of how things work in the company. Allowing that bit of extra time and resources to properly show a new starter “the ropes” will ensure you have a more efficient worker in the short term.

What to include in the onboarding process?

Your new starter should have received their contract, any relevant company policies or employment handbook and required tax, superannuation and banking paperwork prior to starting and have completed it. It is a good idea to check their understanding of your company policies. The employer’s Positive Duty obligations highlight the significance of ensuring employees understand the importance of what behaviour is considered to be unlawful and the consequences of this occurring in the workplace. Induction training covering your code of conduct, sexual harassment, bullying and harassment, EEO, safe work practices, data protection etc.  is advisable.

Regardless of whether it is noted in the Employee Handbook, it is prudent to take the employee through the basic points of when they will be paid, who to call if they are running late or sick. An outline of who is who in the company and what their roles cover and introducing them to the key people they will be working with or may need to indirectly work with will save time later and make the person self-sufficient.

Depending on the specific position, implementing a buddy system can prove beneficial.  Assigning a mentor or guide to new employees allows them a reliable source for inquiries and direction as they acclimate to your business. Not only does this support newcomers, but it also grants valuable insights into their abilities. By observing their strengths and areas requiring additional support, you can allocate tasks more effectively, reducing errors stemming from inexperience or miscommunication.

Consider this scenario. A large project required landscaping to be done to complete the project. The job seemed simple, so the tasks of digging out the garden beds, lining them and planting was allocated to a new employee. The new employee was only one week into the job. They were nervous, inexperienced and on a tight deadline to finish the task. No one supervised this new employee, nor did they provide detailed instructions or check off a task list with him. A few months later after a dry summer, it rained heavily and the garden beds were flooded. No drainage holes were put into the garden bed. The manager had assumed the new employee would know to do this even though they were an inexperienced 1st year apprentice. A team had to be allocated to dig out the garden beds again, lay drainage and replant. This additional cost and time could have been avoided if the new employee had been given guidance and support.

Creating an environment where the new employee feels at ease and embraced is crucial for a seamless start. Simple gestures, such as organising morning teas for team introductions or arranging daily lunches with a designated colleague during their initial week, can facilitate deeper personal connections and integration into the team dynamic.

In November last year, I wrote about the importance of providing feedback. Establishing this feedback loop early in the employee lifecycle is a good way to set them up for success.

Check-in with them after their first week. Discuss how they found their first week, what they enjoyed and what was a challenge, what value you saw in their contribution, what they could improve upon.  Do they have any questions, is there anything they are unsure of?

Goal setting

The next stage will be to set up some objectives and goals for the employee to work towards. No matter if they are a vineyard hand or a production manager, they will still need to know what they are expected to achieve so they can work towards it.

As noted by Julien Fortuit in the Forbes magazine article ‘Mastering the Art of Goal Setting’, “Intentionality in goal setting is as important or more so than setting the goal itself, as far as the likelihood of success. In short, if you want to get something done, you have to commit.”

If the person is part of the goal setting exercise they will own the goal and it will be something they commit to. As opposed to a task that has been imposed on them and they may not be 100% willing to do, pushing it to the bottom of the task list.

Working through the objectives together allows you to outline the company and department’s vision, current objectives and targets, and the importance their role plays in that. This process will allow you to gauge the employee’s practical experience rather than the overview you may receive in the interview or first week.

The employee will be in their probation period which should have been outlined in their contract. This is the designated period at the start of a new job during which both the employer and the employee assess each other’s suitability. It’s essentially a trial period where the employer evaluates the employee’s performance, behaviour and overall fit within the organisation, while the employee gauges whether the job meets their expectations and aligns with their career goals. Depending on the size of the company the employee may not claim unfair dismissal during the first six months of employment, which is often set as the probationary period depending on the complexity of the role and contract provided. However, there are caveats around this, so employers should not think this gives license to terminate an employee they deem isn’t a good fit without process.  It is crucial that procedural fairness is followed and employees are provided with clear guidelines of expectations and feedback throughout this period.

For employees, knowing about probation allows them to actively engage in their performance, seek feedback and take necessary steps to meet expectations and secure their position within the company or realise that it is not a good fit for them.

Now that the clear objectives and more immediate tasks have been identified it is important to track how the employee is performing.  Establish a regular WIP (work in progress) catch-up with the employee where you review their progress and provide them with constructive feedback so they understand the standard expected and have the support required to meet it. They can identify challenges and through this process you can assess their long-term suitability for the role. When actively managed the probation period provides an opportunity for the employer to address any issues or concerns early on, before they become more significant problems.

Often managers do not invest the time to have regular catch-ups to provide feedback in this early stage. Consequentially they miss the opportunity to support the employee to succeed and attain the ideal standard of work required or identify that the person is not a good fit for the role or team. Certain points that are not addressed or rectified early on then grow into problems a year into employment. For employees, knowing about probation allows them to actively engage in their performance, seek feedback and take necessary steps to meet expectations and secure their position within the company or realise that it is not a good fit for them.

Actively managing performance during probation will ensure an employee is set up to grow within an organisation and add long-term value or, provide the opportunity to offboard them minimising the investment made.

If you would like a template to use for your probation WIP discussions, please email us at  hello@boutiquehr.com.au and we will send you one.

 

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How to meet your legal positive duty obligations

By Ilga Horvat

Ilga Horvat from Boutique HR examines the responsibilities of wine business employers under new workplace requirements.

Effective from 12 December 2023 the Australian Human Rights Commission (AHRC) has new powers to investigate and enforce compliance of employers and persons conducting a business or undertaking (PCBUs) positive duty obligations.

To clarify, PCBUs include sole traders, principal contractors, unincorporated associations, partnerships and franchisees. In addition, it covers those traditionally considered to be employers, self-employed people and volunteer organisations. PCBUs also include local government councils, universities, cooperatives and government departments and authorities.

In December 2022 the Sex Discrimination Act was amended to introduce a new positive duty on employers and PCBUs to eliminate workplace sex discrimination and harassment. A 12-month transition period was imposed to allow workplaces time to implement processes and initiatives to prevent and respond to workplace sexual harassment actively.

The focus is now on taking preventative action to create safe, respectful and inclusive workplaces, rather than having a reactionary approach.

Employers and PCBUs have a legal positive duty obligation to eliminate the following unlawful behaviour from occurring:

  • “discrimination on the grounds of sex in a work context
  • sexual harassment in connection with work
  • sex-based harassment in connection with work
  • conduct creating a workplace environment that is hostile on the grounds of sex
  • related acts of victimisation.

The Commission refers to this conduct as ‘relevant unlawful conduct’.” (humanrights.gov.au).

Sex discrimination in a workplace occurs when someone is treated less favourably than another person because of their sex, gender identity, intersex status, sexual orientation, marital or relationship status, pregnancy or potential pregnancy, breastfeeding or family responsibilities. This stems from employers or managers holding assumptions about the type of work someone can do based on these criteria.

The AHRC defines sexual harassment as “an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated, where a reasonable person would anticipate that reaction in the circumstances.” “A working environment or workplace culture that is sexually permeated or hostile will also amount to unlawful sexual harassment. Some of the factors emerging from the case law which may indicate a potentially hostile environment include the display of obscene or pornographic materials, general sexual banter, crude conversation or innuendo and offensive jokes.”

As an employer and PCBU you must be fully informed and up to date on current legislation.

 

‘I didn’t know’ will not be a reasonable excuse for not meeting your obligations.

 

A significant loss of productivity occurs when a toxic work environment exists. If that is not enough for an employer to act on these obligations then note that large penalties are being imposed for breaches. It is imperative that organisations and their people managers are fully informed and have implemented positive duty initiatives.

What do you need to do to comply with the positive duty obligations?

It is important to note that all organisations and businesses in Australia must comply with these positive duty obligations regardless of size or resources. This includes self-employed small, medium and large businesses, sole traders and government.

The AHRC has published extensive guidelines to assist employers and PCBUs in complying with these obligations. Here is a summary of the seven standards which provide the framework to use to prevent these unlawful behaviours:

  • Leadership: Leaders are to understand the positive duty obligations and what conduct is unlawful. Senior leaders should role model respectful behaviour that is inclusive and equitable. They are responsible for ensuring that all that is reasonable and practicable is done to eliminate workplace sex discrimination and harassment and create a safe, respectful and inclusive workplace. They are responsible for ensuring the measures taken are updated, reviewed and communicated to their employees, agents and third parties.

The extension of the positive duty to the conduct of third parties relates to the risk they could hold to exposing their workers to unlawful sex discrimination and harassment.

 

The Human Rights website has detailed information about what constitutes this unlawful conduct.

See www.humanrights.gov.au/our-work/employers/sex-discrimination

And

www.humanrights.gov.au/our-work/projects/sexual-harassment-workplace-legal-definition-sexual-harassment 

 

  • Culture: An organisation must foster a safe, respectful and inclusive workplace. This includes encouraging employees and managers to call out and report discriminative and unlawful behaviour, minimise harm and hold people accountable for their actions.

Practical ways this could be done are:

  • by managers and team leaders modelling behaviour,
  • ensuring company documents and policies are worded appropriately to remove any discriminatory language,
  • implement a code of conduct which highlights a no-tolerance policy for discriminatory and unlawful behaviour,
  • training all workers in what behaviour is expected and will not be tolerated,
  • holding each other to account in informal day to day interactions if any discriminatory, disrespectful, unlawful behaviour occurs.
  • Putting up posters highlighting that there will be no tolerance for sexual discrimination and harassment and identifying what those behaviours look like.
  • Flexible work policies, job sharing, encouraging balance in work and life and not penalising employees for requesting time away from work to tend to a family obligation.
  • Knowledge: A code of conduct, equality policies, guidelines for workplace behaviour, and responsibilities of the employer and employees, agents and third parties should be implemented. Every employee should be trained in these and have access to this material so they understand;
    • what unlawful behaviours will not be tolerated
    • what to do if they witness or experience this behaviour
    • The consequence of behaving unlawfully in the workplace

Employers and PCBUs are to train their employees, agents and any relevant third parties in these practices. It is important to ensure that translated materials where required are also available.

 

  • Risk management: A risk-based approach is to be taken by employers in prevention and response to unlawful conduct and equality risk. Under WH&S laws PCBUs are required to eliminate or minimise risks to psychological health and safety. Sexual harassment is a psychosocial hazard that must be eliminated. In a practical sense this means utilising the same risk assessment approach to unlawful, sexual harassment and discriminatory behaviours, situations and complaints in the workplace.

This means:

  • Identifying and assessing the risk of this conduct occurring and health and safety impact it may have
  • Implementing effective controls to address the risk
  • Regularly reviewing control measures for effectiveness.

Taking a consultative approach with employees is important so that the effectiveness of policies, guidelines and practices can be assessed. Toolbox talks should include an agenda item to cover consideration for eliminating unlawful and discriminatory behaviour and situations where it could occur.

 

  • Support: Organisations and PCBUs are to ensure support is available to all employees including leaders and managers who experience or witness unlawful conduct. All employees need to know what support is available and where they can access it.

Support can be informal such as asking if they wish to move to another area or leave the workplace to avoid interacting with the person engaging in the said behaviour, calling them to check on them, and providing information about counselling services. Formal support can include assigning a designated mental health first aider or WH&S support officer to manage the case and providing access to counselling sessions as part of formal Employee Assistance.

 

  • Reporting and response: Workers should be provided with appropriate options for reporting unlawful behaviour, and those options should be regularly communicated. All reports should be responded to in a consistent and timely manner, and in a way which minimises harm to victims. A grievance policy should be implemented. In addition to this, a procedure should be communicated to all employees, agents and third parties as appropriate which outlines the process one should take if informally or formally reporting sexual harassment, discrimination, bullying and harassment as well as instances of unsafe and unlawful behaviour. This policy must outline what the person reporting and experiencing the behaviour should expect to occur once the behaviour is reported.

 

  • Monitoring, evaluation and transparency: Businesses are expected to collate data on unlawful behaviour occurring in the workplace. This follows from the risk management approach already outlined, where regular reviews of risks and the effectiveness of measures implemented to manage risks and hazards are conducted. The data collected should be reviewed in an effort to improve work culture and eliminate unlawful behaviours. This information should be communicated back to the employees and they should be kept updated with trends, patterns and actions taken by the business to address unlawful conduct and risks.

There are numerous recently tried cases where these positive duty obligations have been tested. Claims of unlawful discrimination or sexual harassment have led to record payouts. One recent case in particular shows the importance of employers’ need to take these obligations seriously. This case highlights the importance of having processes in place that have been communicated to employees for managing sexual harassment.

In this case an employee of a Sydney-based jeweller was granted a record-breaking $268,000 in damages after the Federal court found her employer subjected her to victimisation and sexual harassment. After finding in the employee’s favour, Federal Court Justice Katzmann ordered the business to compensate the employee with $140,000 in general damages, $15,000 in aggravated damages, $23,070 for past economic loss, $46,284 for future economic loss, $3000 for future out-of-pocket expenses and $40,000 for victimisation. Victimisation is where someone is treated less favourably for making a complaint and general damages are granted for her humiliation and distress. This ruling shows the stricter approach that the government has taken to workplace sexual harassment.

The important point for employers to note from this case is highlighted by Will Snow, Director, Snow Legal. He notes, “It goes to show that a business in this situation, without any policies at all, could never demonstrate that it had taken reasonable and proportionate measures to stop unlawful conduct from occurring.”

For details of the case, review the summary provided on the AHRI news site: www.hrmonline.com.au/section/legal/sexual-harassment-record-payout/#msdynttrid=O4HfWVtMlQlo67Al3ZMorZ3Zf31M4SruYfgBv-Kx354

Next steps:

Review your existing policies and processes considering the above requirements.

  • If you have nothing in place, then start with a simple policy that defines sexual harassment and discrimination and notes what to do if this behaviour is experienced and witnessed.
  • Display some posters and fact sheets in the office that support this policy and process.
  • Communicate the policy and process in your new starter onboarding.
  • Have some open discussions and conduct a survey amongst your team to get feedback about your organisational culture. Consider making it anonymous so your team are more likely to be honest, then communicate the results back to the team and have an open discussion about what improvements could be made. Implement suitable initiatives accordingly.
  • Include an agenda item covering sexual harassment and discrimination risks in your WH&S meetings.

There are many resources made available on the Respect@work and Australian Human Rights Commission websites. Alternatively, if you do not have the time or resources to manage this in-house please contact us at Boutique HR at www.boutiquehr.com.au/contact-us  and we can implement systems for you to manage these obligations.

This article was originally published in the January issue of the Australian & New Zealand Grapegrower & Winemaker. To find out more about our monthly magazine, or to subscribe, click here!

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Unifying the team

Image courtesy Hunter Valley Wine and Tourism Association

By Ilga Horvat

As part of her ongoing series providing tips to grape and wine business operators, Ilga Horvat from Boutique HR Consulting, looks at effective team-building ahead of the upcoming vintage.

As we are nearing Christmas and coming into the busiest quarter in the grapegrowing and winemaking calendar, I thought it timely to write about unifying your team. Harnessing a positive and resilient team dynamic is crucial for the next few months of multiple priorities, hard work, and urgency.

Last month I wrote about ‘Mastering the Art of Feedback’ and using this to create an effective relationship with your team members. This is one of the tools to create an empowered, engaged, and well-performing team.

When a feedback loop is created effectively a psychologically safe environment is created. This is an environment where team members feel they can speak up without negative consequences.

There is a lot of talk about this of late especially in light of the recently updated Psychological Safety legislation. We will explore more about this in future articles but it is important to touch on in talking about building a strong team. Team psychological safety has huge benefits. When a team collectively embraces shared beliefs and fosters an environment where individuals feel at ease and secure in voicing their ideas, concerns, questions, and acknowledging errors without facing adverse repercussions, their collaborative performance is enhanced. That is, together they achieve more.

Harvard Business Review, in their article “What is psychological safety?” highlights studies that concluded that positive impacts of team performance ensue when team psychological safety exists. Some of these are improved resilience, motivation and engagement. A referenced study was done by Google to understand the factors that impacted team effectiveness. This study concluded that “who was on a team mattered less than how the team worked together. And the most important factor was psychological safety.”

So, you can see how important that team dynamic is when you are managing your people through the busiest and most challenging periods.

The Christmas party is the perfect time to celebrate the hard work of the year behind us and prepare the team for the next few months. Sharing some laughs and camaraderie and getting to know each other in an out of a work setting is one way to create a stronger team.

Keeping engagement and motivation high

It can be challenging to keep engagement and motivation high during a long vintage period. Sharing what is going on and highlighting mini milestones you are working towards is a good way to keep everyone focussed. Communicating what is happening to everyone is important to create unity and engagement. Creating a visible planner with noted milestones is one way to do this.

Timing is crucial during the vintage period as it evolves, so conducting regular briefing sessions with the team would prove beneficial in maintaining their motivation. This is especially important when the team may have been working relentlessly with minimal time off for several weeks and are getting tired.

There is always someone who gets whingy and disheartened, however, if you have a team that is unified and focused, they will put a stop to that kind of talk. If that person’s mood doesn’t shift and negative talk continues then it needs to be addressed. If you have one member not functioning well it can be a risk to others. Feedback is important to manage this and reset their focus. It can be an opportunity to shift perspective and motivate or understand that the person may need some time out. Giving someone an opportunity to vent and be listened to may be all that is needed or there could be something serious that is occurring that you may need to consider.

Be mindful of tired team members. Tightly resourced teams may not be able to afford to give someone a day off when it is such a demanding season, however, after a rest we all work better and faster and with fewer errors.

 

The WH&S risks in the vineyard and winery when someone is exhausted and not as attentive can have serious consequences and involve much greater delays. This greater risk is not worth the short-term inconvenience of accommodating the time off.

 

Mistakes happen – build resilience and team psychological safety by using them to learn from. Wins should be celebrated, and mistakes or losses noted and learned from. Reset quickly and push the team to hit the next milestone.

The best sporting teams perform well and win games because the team is unified, trust each other, overcome obstacles, learn from mistakes and are resilient to push to that win.

In the spirit of unity and shared purpose it is important to remember, it’s not just about achieving goals and building a team, it’s about building each other up. Together, a great team has the power to conquer challenges, achieve greatness, and create a legacy of success.

As we approach the end of the year and embark on the last leg prior to harvest, make sure you take time to reflect on your collective learnings and achievements and raise a glass to team efforts.

I have my eyes on a fabulous vintage cuvee. Cheers!

More information can be found online: www.boutiquehr.com.au

 

This article was originally published in the December 2023 issue of the Australian & New Zealand Grapegrower & Winemaker. To find out more about our monthly magazine, or to subscribe, click here!

 

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Navigating the recent and upcoming Fair Work Legislation changes

Changes to the Fair Work Act will have considerable implications for wine industry employers. Ilga Horvat and Linda Blackett, from Boutique HR Consulting, provide insights into how business operators will be affected and how to respond and prepare accordingly.

 

Ilga Horvat

 

Whether you have your own winery, vineyard or work in a wine-related role you will be affected by the recent changes to the Fair Work Act. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (SJBP Act) has staggered amendments and changes to a range of workplace laws. Navigating these can seem overwhelming when there are so many other considerations important to the day-to-day running of your business. However, if you manage people, there are some important changes you need to consider and perhaps do differently.

In this article, we will break down some of the main ones for you to review and the timing to action.

Pay secrecy, job ads, and flexible work

The following changes have taken effect already and coming into vintage or peak trading when you may increase your staffing, they are important to note.

Pay secrecy: From 7 December 2022 pay secrecy clauses no longer apply. Employees can freely discuss their pay and employment terms with others even if they have signed a contract that notes otherwise. From 7 June employment contracts can no longer include pay secrecy terms and employers who include them can face penalties.

Tip: Review your existing contracts and for any new team members, remove this clause. Be mindful of how you remunerate your team as people do talk. If you have a system where you have set accountabilities that are rewarded accordingly or open communication regarding performance and reward, then you shouldn’t have any issues.

If you don’t, you could have some disgruntled team members whose attention is on their employment conditions and taken away from what they were employed to do.

 

Job ads: From 7 Jan 2023 job advertisements cannot note pay that is lower than minimum entitlements. Now this may seem obvious, however, in this industry where piecework and period pay may apply, you could be in breach without realising it and have fines imposed.

Tip: If you are advertising a piecework style role where a periodic rate of pay applies, for example a rate of pay for the amount that is picked or pruned hourly or weekly, note this in the ad and include the rate of pay. These rates must not be lower than the award or industrial agreement applicable. See the end of this article on how to access an ad template for you to use as a guide.

Flexible work arrangements: A flexible work arrangement is where hours, place or pattern of work may be altered to suit an employee’s personal circumstance. From 6 June 2023 employers must consider requests from employees wanting flexible work. The list of staff eligible to request this has been extended to pregnant employees and employees or members of the employee’s immediate family or household who experience domestic violence.  In summary, eligible workers already included employees who:

  • Are 55 or older
  • Are a carer
  • Are a parent or have responsibility for a child
  • Have a disability
  • Are experiencing or providing support to an immediate family or household member experiencing family and domestic violence
  • Are pregnant
  • If casual, have been working regularly with the employer for 12+ months or have a reasonable expectation of continued regular work.

This does not mean that an employer has to agree to a request, but they do need to show that they have considered it. This means having a conversation, consider how refusal will impact the employee, genuinely look for ways to accommodate the request and respond to the request in writing within 21 days.

The Fair Work guidelines note that employers can refuse a request based on reasonable business reasons, for example; the arrangements are too costly or will result in a significant loss in efficiency or productivity or negatively impact customers.

Tip: If you receive a request from a staff member, be reasonable in your request and consideration to approve or deny. Ensure you have a conversation and discuss various options including considering the reasons for the request and the impact on both parties. Consultation is key and ensure you document the request and response.

Fixed-term contracts: To improve job security the SJBP Act has limited the use of fixed-term contracts. This change is anticipated to take effect from 6 December 2023 unless an earlier date is set in the coming months.

To quote the Fair Work Ombudsman, from this date “employers can no longer employ an employee on a fixed term contract that”:

is for 2 or more years (including extensions)

may be extended more than once, or

is a new contract:

that is for the same or a substantially similar role as previous contracts

with substantial continuity of the employment relationship between the end of the previous contract and the new contract, and either:

the total period of the contracts is 2 or more years,

the new contract can be renewed or extended, or

a previous contract was extended.

Employers must not take certain actions to avoid the new restrictions from applying. For example, they cannot:

delay re-engaging an employee for a period

re-engage the employee and engage someone else instead to do the same or substantially similar role.

How could this affect you?

Any employees that are on a fixed-term contract that breaches the new provisions will be considered a permanent employee regardless of the contract expiry date. This means the employee will gain access to entitlements such as termination and redundancy payments and access to unfair dismissal proceedings.

There are exceptions to allow some fixed-term contracts when genuinely necessary; for example in the case of apprentices or trainees, those undertaking essential work during a peak period or fixed period such as harvest or in replacing an employee on a long leave period. If they earn above the high income threshold they are also exempt.

These changes only apply to contracts that start after the legislation takes effect. However, any contract in place prior will be counted towards the set limits on number and length of contract.

Tip: Review any current or upcoming fixed-term contracts for recurrence, length and requirement and in turn, validity. Consider transitioning any long-term contract holders to permanent positions or reviewing roles to redefine duties. Ensure you provide any new fixed-term contract employees with a “Fixed Term Contract Information Statement”.

Gender equality

Anti-discrimination: Anti-discrimination legislation has existed for a while with strict guidelines on treating all people equally no matter their age, sex, race, sexual orientation, family or carer responsibilities, religion, pregnancy, etc. Employers are prohibited from taking any adverse action against their staff due to any of these (as well as other specified attributes). What does this mean exactly? It means that an employer may face penalties if they threaten or treat an employee or prospective employee in a way which causes an employment disadvantage based on these attributes.

From the 7 December 2022 this list has been expanded to include breastfeeding, gender identity and intersex status.

Tip: Ensure that your recruitment process is standardised and selection is based on skills and capabilities not on arbitrary factors. Ensure you have a clear anti-discrimination and anti-bullying policy that all employees are aware of. Training in this area is increasingly important and will ensure from the start you instil a culture of fairness and respect. This could mean as part of your staff onboarding, a simple training video or an interactive session outlining what behaviours are and are not acceptable in the workplace.

Bullying: Bullying is also part of the updated discrimination legislation. It highlights the Fair Work Commission (FWC) has an active role in stopping bullying. Bullying occurs when a person or group of people repeatedly behave disrespectfully or unreasonably towards others in the workplace and/or cause risk to their health and safety (physical and mental).

Workplace laws actively prohibit bullying as does Work Health and Safety legislation. This has also recently been updated to ensure a reduction of psychosocial hazards in the workplace. Employers have a duty of care to protect their staff from physical and psychological hazards. A failure to do so may incur penalties. The extent of these is governed by state legislation.

Sexual harassment in the workplace: From the 6 March 2023 the Fair Work Act has been updated to prohibit sexual harassment in connection with work. From this date, a person who experiences sexual harassment in connection with their workplace (including a representative association of the workplace) can take civil proceedings if their dispute cannot be resolved by the FWC.

The new legislation highlights that the employer is liable for the behaviour of any employees or agents in connection with the workplace unless they can prove they took all reasonable steps to prevent sexual harassment from occurring at work. This change has been widely covered in the media and in turn, there is little excuse for an employer to not do all they can to prevent such behaviour.

Tip: Update and recirculate your sexual harassment and bullying policy. Ensure as part of onboarding your staff that you include this topic highlighting what sexual harassment is and what behaviours constitute bullying. Note that this type of behaviour is unacceptable and what an employee should do if they experience this. This should follow from your anti-discrimination training and policies but should also be highlighted separately to ensure due focus.

Include it with your on-site safety induction briefing for all contractors to ensure that everyone connected to your workplace is fully briefed about safety and guidelines for expected respectful and acceptable behaviour.

This does not require elaborate and day-long training sessions. It can be straightforward. I have included some helpful links to get you started if you do not have anything in place.

Unpaid parental leave changes: From 6 June 2023 employees can request to extend their parental leave with a requirement for employers to respond to these. Similar to flexible work request updates, employers need to discuss and consider the request and only refuse on reasonable business grounds. The employer is to try to reach an agreement about the extension with the employee and consider the consequences of the refusal. A written response is required noting the reasons for refusal and include reference to the FWC dispute resolution provisions.

Tip: Be mindful of these changes and ensure you openly consult with your employees and consider all options before responding to the requests. Open dialogue is the key. Respond within 21 days.

The FWC has been open to note they have a directive to ensure when reviewing any cases brought before them they safeguard job security and gender equality. This is also the case when reviewing terms and conditions set by awards. At the risk of sounding repetitive, it is important to highlight that as an employer you also need to consider these aspects in your employment practices.

There are more changes concerning enterprise agreements and bargaining laws and a few others. The full list can be accessed on our website:

www.boutiquehr.com.au

Here you can access and download fact sheets covering the changes detailed as well as a handy timeline and checklist. We have also added templates for ads.

We will be covering practical people management topics in future issues of Grapegrower & Winemaker. If there is something in particular that interests you, please let us know at hello@boutiquehr.com.au or email the editor of this publication.

This article was originally published in the October issue of the Australian & New Zealand Grapegrower & Winemaker. To find out more about our monthly magazine, or to subscribe, click here!

To view the current issue of the Grapegrower & Winemaker, visit our Current Issue page.

Vintage hiring

Seasonal employment should be tackled in much the same way as any other hiring process but getting it wrong can prove expensive and, more critically, negative on the business.

Finding people who have the abilities to perform the required tasks and the personality traits to fit well with the values of senior management and the culture of the organisation can be a daunting task.

It becomes even more challenging when this period, such is the case during Vintage, is the busiest time of the organisation’s year.

There is little time to make up for employing the wrong person in a short-term role.

Thus you must get everything right from the start to ensure the best candidate is hired.

Prior planning is vital to achieving the desired results.

Basic steps can aid employers here in preparing to enter the jobs market with a vacancy.

  • Determine both the tasks that will be performed by the seasonal employees and the abilities, personality traits and values they must possess to be successful in the role.
  • Identify the selection tools required, from the job ad to assessing applications to undertaking tests or role play techniques that fit the job to interviewing candidates.
  • Utilise the organisation’s management or key personnel to assist in the screening process and final analysis towards presenting an offer to the desired applicant.

Throughout this process it is important to give credence to a set level of standards and credentials that are required for the advertised position.

Ensure all candidates adhere to the same approach and questioning but at all times just keep it simple.

The earlier an organisation can begin its talent search will encourage better results as well.

With the Vintage period primarily taking in the months of January to April, one should consider starting their recruitment process in August or September of the previous year, should they know a specific role will require filling.

However, this process could also draw well into December – it is never really too late to seek out employees for an upcoming Vintage.

Consideration of past staff members could also prove invaluable while these may be the people the vineyard or winery turn to when a full-time or longer term vacancy arises.

Those who have had a positive experience within your organisation previously make any transition much easier.

You know them, they know you – it normally works well for everyone.

Remember though, your seasonal employees will play a crucial role in the success of your business, particularly within businesses that are impacted heavily by the specific time of the year as is the case here in the wine industry.

Vintage employees, just as much as long term staff, represent your brand and this cannot afford to be affected by undesirable outcomes.

Therefore, advanced planning, a stringent hiring process and a genuine investment in the organisation’s seasonal employees can make a tremendous difference.

3 Quick Tips on Attracting the Right Candidates with Job Ads

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Don’t leave candidates in the dark when applying for an advertised position. If your job ad is only describing the role in question, you are not giving the candidate the full story.

When candidates are applying for a role, they are also applying to join a community. What does that community look like and is it a right fit for them?

Here are three tips when preparing job ads that will help you attract the right candidates:

Graphics and language

Your logo and any unique graphics give the jobseeker the feeling that your company is important.

The way your company looks on the internet can affect the attitude of the seeker looking at your posting.

Accentuate your company’s personality and image through use of language and images so that the job seeker gets a true feel of the culture of your organisation.

Employee testimonials

If the job site where you are posting your employment ad has a video option, this is a great opportunity for getting employees to talk about why they enjoy working at the organisation. It reassures the candidate that the company is looking after its staff and puts a face to the business name. Written staff testimonials on the company description is another option where videos are not possible.

Sell your company

The section of your job posting that describes your company is a great selling opportunity. It should explain why your company is a great place to work and why it is becoming even better. Include your company’s mission / vision statement here and other selling points that you believe would be important to prospective candidates – eg career advancement, training, company growth.

For more useful articles on everything employment, visit our article archives at https://www.winejobs.com.au/knowledge_centre

By Elizabeth Bouzoudis

Independent contractor or employee?

The following extract is from the article Independent contractor, Labour Hire Worker
or Employee? First published in the Wine & Viticulture Journal, November/December 2015. Author Sarah Hills

EMPLOYEE OR INDEPENDENT CONTRACTOR
Just because a person wishes to be engaged as a contractor, has an ABN number and you enter into an agreement calling them an ‘independent contractor’ does not automatically mean they are one. Often relationships are disguised in being given a label when, in fact, the relationship in practice is something
different. The courts look at a number of indicators in the relationship and weigh them up to assess who holds the control in the work or task to be performed.

An employee performs work under the ‘control’ of another person in exchange for payment for the services he or she provides. Indicators of an employment relationship include:
• Control by the employer. For example, instruction as to how to carry out duties, uniform and hours of work, etc. Control indicates an employment relationship.
• The expression of the relationship by the parties in writing. For example, calling a contract an ‘employment contract’ or a ‘service agreement’ is persuasive but not determinative.
• The terms of the contract. For example, is paid annual leave provided? Employment entitlements such as annual leave, long service leave and parental leave are employment entitlements.
• Was the worker in business on his/her own account? Were tax invoices rendered? Did the worker use his or her own ABN? Is there an entrepreneurial-like element about the business?
• The worker operating an independent business indicates that the worker is an independent contractor.
• Whose tools and equipment are being used?
• Was the worker required to work exclusively for the company? Exclusivity of arrangement indicates an
employment relationship.

Independent contractors need to manage their own business and acquire their own insurance for their own negligence and own income maintenance/protection. They are distinguishable from employees (and labour hire workers) by the fact that they take personal risk associated with their business activities. While an independent contractor is responsible for their own business (including any employees they employ) when on your site they have a joint responsibility with you for your employees with regards to work health and safety. The importance of knowing who you are contracting with is highlighted by the fact that an intentional act to disguise an employment relationship by calling the employee an ‘independent contractor’ is an offence called ‘sham contracting’. If sham contracting is proved there are heavy penalties to be incurred by an employer (both as a company and/or the individuals managing
the company) under the Fair Work Act 2009.

To access the full article, visit Wine & Viticulture Journal.

How to Make Your Job Postings Seem Exciting

Get people to lineup for job postings from your company by making them exciting.

Employment Crossing outlines key elements that can make your job postings more successful by making them more exciting to job seekers.

Source: http://www.employmentcrossing.com/

Graphic Appeal

The Internet is a graphic medium. Sometimes, we in the HR business do not always remember the impact that the simple page layout can have on job seekers. And it is different than the newspaper business.

Include your logo wherever you can. Your logo and any unique graphics give the jobseeker the feeling that your company is important. It may sound superficial, but the way your company looks on the Net will affect the attitude of the seeker looking at your posting. Accentuate your company’s personality and image and maintain the “look and feel” that reflects the culture of your company.

Make the copy look appealing. Long paragraphs or lists that have too many entries are harder to read, especially at a computer monitor. You have the ability to include as much information as you need, but break it up in a way that is eye-catching, and make it easy for the jobseeker to find the most important elements of your job.

Some of our customers actually have a graphic artist help them out. While that may be a little extreme, the idea is that image is important.

Sell Your Company

It is easy to assume that everyone is completely familiar with you and your operation. Frequently, that isn’t true, and even when a seeker knows your name, they don’t really know what makes your company tick.

The company description quickly becomes boilerplate, copied from one posting to the next. That is probably okay, but every once in a while, it pays to take a close look at how you present your company’s unique nature. What are the key elements that a jobseeker finds out from your Internet job posting?

The section of your job posting that describes your company is a great selling opportunity. It should explain why your company is a great place to work and why it is becoming even better. Try answering at least some of the following questions:

  • What are your main products and services?
  • What distinguishes your company from the competition?
  • What are your likely sources of growth and prosperity?
  • How long do people stay at your company?
  • How does this job relate to your company’s future?
  • What are your company’s goals?
  • What about in-house career advancement and training?
  • Do you have new products or services?
  • Are you growing?
  • What achievements are a special source of pride to your company?

You can think of more, but you get the idea-set yourself apart. Make your company special and tell the jobseeker all about it.

Sell Your Community

I remember an old song lyric that went, “eight hours to work, eight hours to sleep, and eight hours to play.” While long hours and commuting may cut into that play time, the place where your employees live is important. You can also include one more line in your job description, and that line can tell the jobseeker what it is like to live in your neighborhood.

Community events, local websites, and anything else that makes you, your company, and your community attractive to the jobseeker is not only fair game, it helps you land the perfect applicant.

The bottom line is this: HR has evolved into a marketing function. Selling the right jobseeker is the key to your success.

How to: write a stand-out job description

Pic: Wavebreak Media Ltd 123RF
Pic: Wavebreak Media Ltd 123RF

Source: Grapegrower & Winemaker, January 2015, Emilie Reynolds

THERE has been an article circulating the internet recently, which discussed the influx of ridiculous and over-complicated job titles. A lifeguard position had been advertised as a ‘wet leisure attendant’, while a vacant spot in a local school canteen called out for an ‘education centre nourishment consultant’. There had even been a case last year where Naked Wines advertised for the position of ‘customer happiness manager’, exactly what role had the company been filling? Well, it’s all right there in the title.

While it could be easy for employers to embellish job titles to make them sound more appealing and exciting, Jane McNeill, director of Hays in New South Wales, believed a simple approach would be best.

“The job title needs to be written in a way that would attract the interest of candidates in a language that is honest and easy to understand,” she said.

In short, practice saying the proposed title to yourself a few times. If you aren’t clear what it means one you’ve heard it, perhaps it’s time to reign in the creative license.

TAKE TIME TO PREPARE

Researching the job would allow an employer to advertise for the position, not an individual in the position.

“To write a good job description you need to sit down with the hiring manager and firstly establish what duties and responsibilities are involved in the job,” McNeill said. “You should describe both the duties or tasks, as well as the expected outcome or result that the incumbent is required to produce.”

Any training and development offered by the company should be also be assessed by employers and highlighted in the description.

“Candidates should be aware of career development opportunities and pathways that could be open to them,” said McNeill.

BEGIN WITH A DETAILED SUMMARY

McNeill said it was important to be detailed and include every task, no matter how small.

“Do not be tempted to gloss over tasks for fear that they may appear menial; it is important that the job description accurately reflects the reality of the job you are recruiting for and what tasks you need the incumbent to perform,” she said.

“Often job descriptions will include 30 or more tasks, some also include an indication of how much time should be dedicated to each aspect of the role or task.”

Would heavy-lifting be involved? Would they need to operate machinery or attend after hours events? Filling the profile with detail could make it more appealing to potential applicants and Nick Slape, Yalumba People Department manager, said the more interest in the role, the better. “It’s about reaching a wider potential market,” he said. “If someone responds to the advertisement, it gives us an opportunity to engage with that person and expose our brand and style to them.”

LIST THE KSA’S

Better known as knowledge, skills and abilities, this section should make up the bulk of your job description. KSA’s give potential applicants an idea of the level of experience, training and education you’re looking for.

McNeill said the more facts, clarity and context you could provide in the job description, the better.

“List the skills and competencies the incumbent must possess in order to successfully do the job and go into more detail about the position where appropriate,” she said.

Would the position require a university degree? Six years on-the-job experience? Fluency in French? Write the KSA’s carefully and truthfully to avoid disappointment on either side.

BE HONEST

Employers should be open about the position on offer to ensure potential applicants feel confident enough to apply. McNeill said employers should include information about the organisations culture so candidates could consider whether they were a ‘cultural fit’ with the vacant position, and if they would suit the team and the company’s way of operating.

“If the job description will be given to interested job applicants, ensure that the content sits in line with the company’s employment brand,” she said.

“Lastly, if the salary is not included a salary range should be specified as well as an outline of any other benefits.”

WHERE TO START: Draw out a good plan.

Get the interview process right – Part 3

Source: Grapegrower & Winemaker, November 2014, Stephanie Timotheou

How can a candidate ‘nail’ their interview?

Christian Campanella, Pernod Ricard Winemakers’ global HR Director:  Interviews can be nerve-racking but it’s really important you use this as an opportunity to give your interviewer an insight into your personality. This will help your interviewer get an understanding of your character, drive, motivations and passion which are all incredibly important in the recruitment process. It’s also important to show an interest in the business or industry you’re looking to move into. This won’t be written in the job specification but interviewers are looking for  you to go above and beyond what you have been provided with to showcase your ability and desire to fulfil the role and stand out from the crowd. You only have one opportunity to make a positive and lasting impression on your interviewer so make sure you put your best foot forward. If you don’t, someone else will.

Lisa Morris, Hays recruitment’s senior regional director for SA: Be prepared. Preparation is critical to job interview success, so it pays to do your homework. You should research the organisation concerned by visiting their website and consulting social media. This helps you gain a better understanding of their business and how your experience and skills match. It’s also important to look professional, act professionally and dress professionally for your job interview. As a rule, you should expect the environment to be conservative and corporate,  to dress conservatively rather than casually or radically.

What mistakes should candidates try to avoid making during an interview?

Christian Campanella, Pernod Ricard Winemakers’ global HR Director: The ultimate no-no, in my opinion, is being unprepared. Not only do you come across like you have a lack of understanding about the company, but it also shows a real lack of motivation and passion for the role. Another thing to keep in mind is your appearance, always make sure you are appropriately dressed and don’t look unprofessional or unsuitable for the role. Finally, and this one might seem like a no brainer, but simple etiquette should also be considered. For example, make sure you are not late, don’t use unsuitable language and don’t insult colleagues, ex-employees or people in the industry.

Lisa Morris, Hays recruitment’s senior regional director for SA: We asked employers for their opinion on what deters them from a candidate in a job interview and the top 10 they came up with were: Poor verbal communication skills; not answering the  question asked; not researching the company or role before the interview; leaving a mobile phone  on; inability to provide solid examples of previous experience; exaggerating experience or skills; focusing on the negative rather than the positive in situations or experiences; inability to answer technical questions; arriving late; and not displaying an interest in the role.