Tuesday, August 01, 2006

Work choices or WorkChoices!

In Australia, there are significant changes underway with initiatives such as the Commonwealth’s Government’s welfare to work and workplace relations reforms. Essentially, they are said to be creating an environment designed to influence an increase in workforce participation and productivity.

WorkChoices! Can all employers use the new WorkChoices law?

No, The Workplace Relations Act as amended by WorkChoices draws on a combination of constitutional powers to cover;
-trading, financial and foreign corporations (constitutional corporations) and their employees;
-employees and employers in the Australian Capital Territory, The Northern Territory and Christmas and Cocos (Keeling) Islands;
-The Commonwealth, including its authorities, and its employees;
-employers in respect of waterside, maritime and flight crew employees employed in connection with interstate, overseas, inter-territory trade and commerce; and
-most employees and employers in Victoria.

Also, not covered are sole traders, partnerships and some charitable organizations.

Now, if you are wondering what is a “constitutional corporation”, it’s;
  • An entity incorporated under the Corporations Act that engages substantial trading or financial activities;
  • An entity that is established as a body corporate under other legislation that is engaged in substantial trading or financial activities; or
  • A foreign corporation

Be aware that the new WorkChoices law does not cover all aspects of the employment relationship. This means that employers will still need to consider other laws at the state and federal level that will continue to apply to them.

What is an “AWA”?

The Australian Workplace Agreement is an agreement between an employer and an individual employee, similar to a contract of employment insofar as it is an individual agreement.
Unlike AWAs prior to WorkChoices, AWAs no longer have to pass the “no-disadvantage test”, although there are other content requirements that must be met.

How are regular contracts of employment (common law) affected by workchoices?

All employees will continue to be covered by a contract of employment, whether written or unwritten. However, an employee’s terms and conditions of employment may be affected by WorkChoices.
The situation must be examined for each employee separately, comparing contractual entitlements against conditions under the Australia Fair Pay and Conditions Standard (‘Standard’ or ‘AFPCS’) and any applicable industrial instrument such as a workplace agreement, a federal award or a NAPSA (a notional agreement preserving State awards or laws)

Who does the Australian Fair Pay and Conditions Standard apply to?

The AFPCS does not apply to an employee:

  • bound by or a party to an AWA approved before 27th March, 2006;
  • bound by or party to an AWA filed before 27th March, 2006 and approved by the Employment Advocate after 27th March, 2006.
  • covered by a Federal certified agreement filed before 27th March, 2006 and certified after 27th March, 2006.
  • covered by a state employment Agreement made before 27th March, 2006.

Does the new standard affect minimum entitlements previously set by State law?

It could. If prior to 27th March, 2006, an employee was not covered by a Federal award, certified agreement or AWA then he or she might be covered by a preserved state agreement or a NAPSA (notional agreement preserving State awards).
Such an employee will only be covered by a NAPSA if no preserved State agreement applies.

Which employment entitlements do the standard cover?

The standard covers; basic rates of pay and casual loadings, maximum ordinary hours of work, annual leave, personal leave and parental leave and related entitlements.

Is there a limit on the number of hours an employee can work per week, and what does this mean for salaried staff and employees working overtime?

For employees covered by a preserved federal AWARD or a NAPSA, the hours of work guarantee in the AFPCS will not apply while that award or NAPSA applies till 27th March 2009.
Where the 38 hour week guarantee applies, employees ordinary working hours should be set at a maximum 38 hours per week (averaged over an agreed period not more than 12 months, with the averaging to commence from a specified date) with provision made for the employee to work reasonable additional hours.

Annual leave?

Annual leave is available to all employees other than casual. An employee’s entitlement to annual leave depends on the nominal hours worked by the employee, which is based on a set formula, and is credited to the employee every 4 weeks.

Personal leave? (Covers, Sick leave, carer’s leave and compassionate leave)

This paid accrued leave is accrued every 4 weeks at a rate of 1/26th of the normal hours worked by an employee during that 4 week period. Casual employees however don’t accrue paid personal leave but have the same unpaid entitlements provided to casual and full-time employees.

Parental leave?

The substantive entitlements in terms of the three types of leave are generally not affected, however some mechanical details concerning the types of leave have been added or amended.
Consistent with amendments made to the standard award provisions in 2001, casual employees are entitled to parental leave if they are engaged on a regular and systematic basis for a period of 12 months and if they have a reasonable expectation of a continuing engagement.

In Summary

If an employee, prior to 27th March, 2006 was not covered by a Federal award, certified agreement or AWA, then he or she might be covered by a preserved State agreement or a NAPSA. This employee will only be covered by a NAPSA if no preserved state agreement applies.
Apparently the AFPS will not affect businesses that prior to 27 March, 2006, entered into AWAs, federal certified agreements, or state employment agreements with their employees because the AFPCS does not apply to employees who are bound by those agreements.
In regards to enforcing the standard, this will arise from employees and unions requesting a minimum of entitlements under the Workplace Relations Act 1996.
However the Office of Workplace Services (the “OWS”) will be enforcing compliance with the AFPCS, as well as the Workplace Relations Act 1996 generally, by the use of trained inspectors.

Please note the above statements were made in some cases by the interpretation of WorkChoices and were intended to provide a basic understanding of the standard. Should you wish to examine more closely WorkChoices, contact the Office of the Employment Advocate on 1300 366 632 or visit their website www.oea.gov.au

posted by Karl Jansson @ 8:10 PM 1 comments

Recruiting & Being Recruited!

Traditionally, the second quarter of the year is when the region's broadcast community introduces new jobs into the market.
Theory has it, that it’s influenced by new releases in technology targeted at major trade shows globally in order to secure major contracts and product orders well before the end of the calendar year.
If you’re reading this as an employer or budding career jockey, then the following may be of interest.

COMMON TERMINOLOGY

Firstly, there is some common terminology used in recruitment, so by its understanding you’ll be able to compartmentalize the process.
“Applicants” are those who apply to a job, but after consideration they may become “Candidates”. After interviewing there maybe up to three “Short-listed Candidates” after which a “Referee Report” is tabled and the “Appointee” is awarded the position of “…….”, confirmed by a “Letter of Offer” and/or “Contract of Employment”, depending upon company policy.
Although there is more to recruitment, these are the basic milestones.

NOTES FOR THE CANDIDATE

Resume Layout
Don’t use a generic covering letter for all positions you apply for. Highlight all the points from the advertisement, or “Job Description”, then, indulge yourself with legitimate references to the position you are applying.
Page “1” of the resume is the summary page listing Dates, Positions and previous Employers, one per line. This is the reference page for the reader.
Page “2” contains the latest or current position. All other positions follow thereafter.
Rule of thumb is that the last five years will contain more information than the proceeding years, so the information starts to decrease as page numbers increase.

Emailed Resumes
Use logos of previous employers and hyperlink them to their website. This provides the reader easy access to the company’s line of business.
If you intend to present a show reel, park it on a remote server and link it back to your resume. If you have a website with your resume parked on it, do not use it as your initial application, as it will indicate a generic response to the position, not a purpose built application.
Without exception, the attached resume file should contain your name(#) as part of the file name.
Current internet software is blocking “resume.doc” generic files, so tag it as (# Resume.doc). Think of your resume as luggage on a journey, so don’t lose it.
Before emailing, inspect it for visible omitted or inserted changes from the WORD feature and before sending it, open it to ensure that it is THE document you are sending!
Keep any graphics to a minimum file size.
Finally, and most importantly, keep the pages of your resume to within ten pages. The recipient of your resume has no doubt read “Gone with the Wind” already.

THE INTERVIEW

Upon forwarding your application, listen to the outgoing messages on your mobile and home answer machine, and ask yourself are these appropriate messages from a job seeker? They are your first impressions prior to an interview.
Take to the interview (for your reference) a written list all your relevant experiences and a list of questions that you believe need to be answered.
Also take written references or documents that will support any claim you believe is important. Present them if the time is appropriate.
Always research the company as well recent news items and arrive no sooner than five minutes before the appointment … with your mobile phone switched “Off”.

NOTES FOR THE EMPLOYER

Handle all received applicant information with the same duty of care as internal confidential company information.
Government “Privacy” legislation laws (globally) recognise the trust placed on you as the custodian of documents deemed as Resumes or CVs. The storage and management of such information and disposal of it warrants no less than a company policy around it.
It should also cover an applicants request to remove such data, by hard and soft copy and the process governing it.
Although regional laws may vary, you are duty bound to secure their approval prior to forwarding their details to any third party or even divisions within your organization.
If you engage a third party to recruit for you, ensure that they are accredited under a code of conduct established by organizations such as the RCSA in Australia. They are your representatives in the market and carry your reputation with them.

The Interview
Establish a “Standard” interview environment, and de-stress it before starting.
If all candidates are interviewed under the same standard, then their individual responses are better gauged.
To achieve this;
  • State the anticipated length of the interview upon greeting the candidate. This will confirm a time frame in regards to their ability to attend other appointments.
  • Re-assure them that their information is held in confidence, particularly if they are employed by a competitor, supplier or client.
  • Brief the candidate on the structure of the interview. i.e. “I’ll give you an outline of … then we’ll go onto …..”
  • If jackets are not necessary, provide the candidate the option to be more comfortable.
  • Provide a jug of fresh water and offer it upon arrival. Be sure that glass numbers on the tray with the jug are representative of only the interviewer/s and interviewee. If glass numbers represent a greater number, it may be assumed that there is a succession of interviews behind them.
  • Ensure distractions and interruptions are eliminated. Hold all unnecessary calls and switch off your mobile in front of the candidate allowing him/her to do similar.

There are a number of interview techniques that may be used including, traditional, behavioural, panel and team, to name a few. A combination of some, or all are recommended. Feel free to contact the author of this article for additional information.
Stay clear of those questions that are covered by discrimination such as race, marital status, colour, sex, religion, national origin, disability, marriage, and even in regards to starting a family etc.
Besides the potential liability, your organization’s reputation is on the line.
Recruiting staff should be a rewarding experience for the employer and candidate as both have invested significant personal and financial resources to the process.
Every new employee will bring a cost to your operation, so how they cover their cost plus potential profit through their ability and knowledge is pre-determined from the interview.
Be sure you have the “best available” candidates from which to select. If you interview only two or three times a year engage others with greater experience into the recruitment process.
Whether it’s by outsourcing or internal means, additional skills in sourcing and interviewing will improve dramatically the longevity of staff and company profitability.

posted by Karl Jansson @ 8:00 PM 0 comments

Yikes! A shrinking labour market!

I recently attended a breakfast launch in Sydney of the Australian Government’s series entitled “Workforce Tomorrow”.
Reflective of the “Workforce Tomorrow Report”, drafted by the Department of Employment and Workplace Relations, it addresses the shrinking labour market and growing number of workers aged over 45 years.
Kevin Andrews MP, (Minister for Employment and Workplace Relations) pointed out that as a result of an ageing population (or the new in-phrase is “Population Ageing”) and a tighter labour market with skills in demand, that many businesses may “face adverse consequences” unless they are prepared to adapt.
It appears all major industry and occupational groups will be affected.
Although the Australian Government suggests that it’s addressing these issues through the Welfare to Work measures and Workplace Relations reform, there’s a definite underlying responsibility that’s surfacing beneath the employer.
There was a particularly poignant massage delivered by our Prime Minister Mr. John Howard, on the day to employers, regardless of their size.
In essence he said that if a company was to remain competitive and economically viable, they would need to consider tapping into a wider and more diverse pool of labour. Plus, they will need to create more flexible and diverse workplaces and recruit from a broader range of employees.
Supported by a 2005–06 Federal Budget allocating $50 million to the Employer Demand and Workplace Flexibility Strategy, the changes are said to embrace a larger demographic.
Bedsides the ageing population, employers are encouraged to employ from other traditionally underrepresented groups in the workforce such as people with a disability.
It appears that the strategy will provide wage subsidies and workplace modifications for businesses that employ people with a disability, as well as training and tools to help employers better manage older workers.
The Australian Government is currently working with peak business groups to develop demonstration employment projects in some of the industries that are suffering most from labour shortages.
Approximately $2 million has been made available for three years commencing 2005–06 to fund recruitment, employment and retention projects to increase participation in the workforce by people from the target groups.
Taken from the Australian Bureau of Statistics, there will be a prospective shortfall of 195,000 workers over the next five years, spread evenly across industries and occupations. In relative terms South Australia will be most affected by ageing and the Northern Territory the least. However in line with the size of their populations, NSW, Victoria and Queensland will have the largest employment shortfalls.
As you may recall, in the November 2004 issue of C&T we covered (then tagged) “Mature Aged” issues and although numbers have increased, there remains a trend from full-time work towards part-time work. The refreshed figures state that between July 1990 and July 2005 part-time employment increased at an annual rate of 3.6 percent, with full-time employment increasing at an annual rate of 0.9 percent.
In addition a detailed Monash report, estimates for film, radio and television, a forecast reduction in an annual employment growth rate of 0.27 percentage points from 2004-05 to 2009-10.
It’s favorable compared to the labour intensive markets of Mining and Agriculture at approx 1.5 percentage points. Of the remaining listed 52 industries in the report only those equal to, or lower than, film/radio/TV were; Health Services, Community Services, Food Retailing, Construction Services, Agriculture and Water/Drains.

What can we do for the future?
Be more innovative in our approach to a shrinking talent pool. How?

We need to mentor, coach and train to create a more diverse workforce, whilst retaining mature aged employees through phased retirement.
Also consider child care facilities for primary carers and modify the workplace for those with disabilities whilst taking advantage of related Government incentives.
If you’re interested in learning more about this initiative, DEWR (The Department of Employment and Workplace Relations) is running a series of Better Connections workshops and Wise Workforce Workshops (formerly Business Learning Networks) in regional areas to help develop solutions to local employment issues. Just phone 02 6121 6807

posted by Karl Jansson @ 7:51 PM 0 comments

Generation Shift!

Ahh 2006! There’s nothing better than to experience something new! A new car, a new shirt, a new job or maybe a total makeover! But a new year? That’s special!
Now some of you may be reading this and experiencing a small degree of elation. Whilst others might just be saying about now, “I don’t know what the fuss is about?”

THE DIFFERENCE IS GENERATIONAL

Now before we launch into a great tirade of how best to approach 2006, we should first know how to manoeuvre around the playing field, our work environment. At least if we know the potential potholes we may be able to navigate around them, or at least with them.
You see, we’re surrounded by Generation Y (1994-1980), Generation X (1979-1965), Baby Boomers (1964-1946) and Traditionalists (1945-1900), all with a different approach to the new year.
Oh, and by the way the next generation playing on your computer at home, installing the latest software challenging Microsoft’s latest operating systems are called “Millennials”. Best remember this little group as they sneak up on all of us!

How to play the game and keep a straight face … or save face.

This clever algebraic expression is self explanatory.

Generation x + Technology = y

Both the Boomers (aged 42-60) and Gen X’rs (aged 27-41) have something in common. They’re goal setters, chronological thinkers who process information in linear form, from front to back, from top to bottom. They understand how today’s decisions may impact upon tomorrow.
Now Generation Y’s or should we say “Whys” (Aged 12-26) are the digital thinkers who process information randomly as opposed to sequentially. They’re not inherently convinced that today's actions will affect tomorrow's outcomes in any certain way.
They know all-too-well that someone can be the hero today and a villain tomorrow - and visa versa.
They reflect upon icons who have survived drug addictions, criminal prosecution, sexual misconduct, bounced back and made millions in the process.
Interestingly a third of this group will opt for a portfolio career, made up of part time and entrepreneurial ventures.
In North America a trend is occurring within this group with just below half of the “Y” workforce opting not to work full time for a single employer.
Gen Y’s are seeking a more flexible lifestyle, that’s also highly mobile. Although this sounds a tad self-centred and non-committal, statistics also indicate that a third are involved in some kind of volunteer or not for profit activity.
So it appears this has been a legacy from the “X’rs who are environmentally and socially conscious. It’s also said that X’rs are the generation looking for peace of mind and leisure time.
They’re health conscious with almost half the generation using vitamins or supplements as well reading labels. If you haven’t already noticed they are also the prominent generation who live longer at home. This is influenced by boomer parents possessing a strong sense of family values.

HOW DOES THIS AFFECT ME AT WORK?

Look around you, be aware of the make up of your colleagues, identify the potholes before stepping into them, and observe those characteristics of others and take a mental note. Use this information to assist in achieving your goals.
Our environment is constantly changing due to the people in it, so we should be aware of where the changes are occurring and by whom.
Change occurs as a consequence of people’s actions, not because it just happens.
So, who are you in 2006? Are you the leading edge of change, or someone who’s comfortable in riding the wave? Not that there’s anything wrong with that. However, if you’re a rebel, chances are your career will stagnate.
People are a company’s greatest asset, so identify those in your organisation with traces of positive change, harness a team with like values, be part of this team, and forge a career where others will follow.

posted by Karl Jansson @ 7:29 PM 0 comments

What Lies Ahead ...

Other than a crystal ball and some well placed intentions no-one is able to predict the future, let alone foresee employment opportunities.
Having said that, economists and industry representatives such as employers and Government institutions have boldly stated there will be a shift in a number of broadcast positions available into 2012.
They are in the main, positive in growth and will be explained in more detail further on in this editorial.
The backbone behind such predictions is founded by technology and commercial expansion.
Some recent changes such as the Australian Communication Authority merging to form The Australian Communications and Media Authority on July 1st this year, will address the digital environment with evolving technologies such as Digital Radio.
Although the broadcast community remains nervous with already 300 radio licences granted between 1995 and 2001, it’s technology driven, providing numerous business opportunities as we progress through 2006.
As there will be significant investment into new equipment and content the effects are compounded through suppliers, installation and staffing.
This is but one of many conduits through which we will experience growth, although in the above example it probably won’t be seen till the latter part of 2006.
As experienced by the 2000 Olympics, the 2006 Melbourne Commonwealth Games will be another shot in the arm for Australia as well the broadcast community.
For those who know Gary Fenton who was CEO of SOBO, (Ex Director of Sport for Seven) he’s been given the task to set up the International Broadcast Centre at next years Commonwealth Games.
It’s successful events like these that bring to Australia not only commercial opportunities but also interest by the broader International community to seek out and secure both a career and family in Australia.
Similarly, on the other side of the world a number of Australians, young broadcast professionals such as engineers have for the last six months been attracted to places like the new Broadcast Centre in White City, London. Known as “the tapeless wonderland” it’s the most technologically advanced playout facility in Europe.
This trade of knowledge is not uncommon and will continue to increase in frequency throughout 2006.

WHAT WILL AFFECT GROWTH?

Reflective of the US (Department of Labour), Australia is perceived to follow by similar statistics.
Overall employment in broadcasting is forecast to improve by 9% up to 2012.
The growth rate will however be affected negatively by new technologies, consolidation and from increased competition.
New technologies will in the short term generate employment opportunities but in the longer term may cause a reduction in staff due to design benefits such as remote monitoring and reliability.
In terms of consolidation of businesses or companies merging, a reduction of resources either facilities and/or staff will eventuate.
It’s envisaged that a number of significant global mergers will continue to occur throughout the next 12 months.
Other influencing factors on growth patterns will stem from services such as the internet, video-on-demand and prepared programming sourced by satellite, in lieu of local content.

SO WHERE ARE THE HOT SPOTS?

Perceived to be from most to least sought after:

* Integrated Telco related professions.
* Installation, maintenance and repair
* Computer based roles, Systems Engineering
* Business Operations
* Advertising, Marketing, Public Relations, Sales
* Engineering

Although Engineering appears at the lower end of the list, positions within Engineering will also exist in ‘Installation, Maintenance and Repair’ as it accompanies and involves a higher level of technology.

More specifically;
* Advertising, Marketing, Promotions, Public Relations and Sales Managers
21 percent to 35 percent growth
* Actors, Producers and Directors 10 percent – 20 percent growth
* Broadcast Engineering and Radio Operators 10 percent – 20 percent growth
* Television, Video and Motion Picture Camera Operators and Editors 10 percent -20 percent growth

A breakdown of broadcast engineers show that 32 percent will work in broadcasting (except the internet), 16 percent in motion picture and sound recording studios, and 1 in 10 will be self employed.

Statistics shown are aggregate to Radio, Television, Multimedia and Film.
Genre dissected figures for all categories were not available, nor figures relating to freelance, contract or permanent employees.

IN SUMMARY

As technology continues to influence growth patterns, all technology proficient individuals relative to their field of experience, whether it’s sales, marketing, production or engineering will be in higher demand.Global experience will also be highly regarded.

posted by Karl Jansson @ 6:57 PM 0 comments

An Emerging Trend

In an earlier issue of Content & Technology magazine, I discussed Succession Planning under “Consider it, but don’t ignore it.”
The response to the article was encouraging as it addressed management concerns in regards to a company’s vulnerable position if they lost key personnel.
This question was again raised at SMPTE2005, when J-Curve was fortunate to have been invited by the board of SMPTE to participate in a panel discussion at the conference under “Engineering Your Future”.
The level and depth of discussion that occurred from this session was astounding.
It addressed the freelance and contract models of employment that are currently gaining momentum in the workplace.
What elevated from the session was concerns from not only older employees but also graduates wondering if there is a permanent position out there long after graduation.
In reflection of this trend was also the concern by mangers who contracted expertise under a project by project basis. Their concern was one of permanency of expertise long after the projects completion.
So if this trend is gaining momentum as well the concern of individuals then what’s driving it? One factor appears to be technology. In a technical sense we live in a disposable fast moving environment where items are replaced not repaired, particularly on site. The other is economy of scale, which is purely a case by case decision.

How we combat this trend and secure a solid path of growth without costing the earth is the big question?

Well, it’s not a question of combating it but a question of accepting it.
A number of changes to the workplace will need to occur.
Addressing industrial workplace relations is an obvious starting point and currently a hot topic in Australia but it won’t be discussed in this article as we’re limited for space. Suffice to say, a topic for another day.
Firstly a change of mind set will need to be adopted by those who are between positions of permanent employment. They should address and accept that for some unknown period they may be required to work under a contract or freelance model. Once accepted they should be conscious of their marketability so their ability to develop “self-marketing” skills will be a necessary new skill set.
Building and managing a reliable and up-to-date network of contacts is paramount.
Those in permanent positions of employment should also be conscious of the same reliable network of contacts in order to navigate and find valued contract expertise at a time of need.
Going back to our previous article of Succession Planning, employers should be conscious of this current trend and seriously consider the growth of expertise from within their own organization. This is where expertise grows at a cost acceptable to most CFOs.

So what is succession planning?

It is a plan that is normally actioned over, or up to, a period of three to six years with the sole purpose of transferring your leadership to a successor. If a Succession Plan is actioned around you, then it’s because you are being considered for a more senior role, moving sideways or involved with ‘Exit Planning’ (retiring).
All businesses need to have one, whether it’s a small family concern or the Microsoft’s of the world. Succession Planning is a necessary business strategy!
Succession Planning bonds employees with future opportunities. It has a stabilising effect on staff numbers due to the improved human dynamics that result from leadership gain not a feeling of loss when the successor is suddenly appointed.
It also addresses the issue of re-skilling as most companies will survey the landscape and search a replacement by titled experience not by name.
If you are a business owner you should also have a business ‘will’ that will nominate a successor and layout your business plans and projections. Not to be confused with a personal will, this is an entity in its own right and again should be reviewed regularly.
As a business owner you need to recognise the difference between management succession and ownership succession and address it accordingly.
Look at Succession Planning as a back-up programme for your business as you would when you back-up your computer and valuable files. It is without doubt one of the most underestimated business cornerstones that can be the most damaging if ignored.

Graduates, a cornerstone of your business

As part of your internal structure of succession planning don’t forget the growth of talent from within, at all levels.
Graduates are not only the foundation upon which development occurs, both in terms of current and direct educational benefits to the business but also the mentorship that develops and cements existing employees as a result of their overall guidance.
What is the cost of employing graduates?
As this article is published in a global magazine, contact details for additional information will be regional. However, we suggest that there will be a number of government initiatives to assist with employing graduates so the engagement should be of minimal cost. Think of employing graduates as an investment, not a cost to the business!

In Summary

In you’re a company, firstly ensure you have a succession plan in place. Secondly consider seriously the adoption of a graduate program into your business.
Why? It;
* Ensures there is continuity of leadership and skill sets.
* Provides strengthened employee relations.
* Identification of not only strengths but also deficiencies in the executive pool.
* Safeguards against unforseen situations.
* Cements commitment
* Backs-up your most important asset, people.

posted by Karl Jansson @ 6:43 PM 0 comments