Recruitment & Co Summer issue

RECRUITMENT & CO

Summer Issue 2024

What's inside?

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3 A message from APSCo Australia MD Lesley Horsburgh 4 Congratulations to the winners of the 2024 Awards for excellence, by Steve Smith 5 Revolutionising Recruitment with TargetRecruit 25 Trouble in the bubble, by John McCluskey

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26 South Australian market insights by Anthony Whyte 27 The key hiring trends for 2025…are the same as 2024! by Stephen Veness 28 2024 Global Talent Trends, by LinkedIn 29 Introducing WorkPro’s digital identity solution, by WorkPro 32 “Rare” costs ruling against a paid agent, by Gadens 33 Same Job Same Pay – What does the Fair Work Commission say? by Squire Patton Boggs 35 Key legislative shifts impacting independent contractors and casual staff, by SDP Solutions 36 These are the 5 frustrations that stifle almost every business, by EOS Worldwide 37 Don’t put it off… 5 ways to make switching your CRM easier before the holidays,, by JobAdder 38 WHS Obligations for Employers with Remote/Hybrid Workers, by Certex

Recruitment & Co is published by the Association of Professional Staffing Companies Australia (APSCo Australia).

Editorial submissions: jessica@apscoau.org Advertising enquiries: jessica@apscoau.org Membership enquiries: danielle@apscoau.org

40 Five essential tips to elevate your candidate onboarding experience, by Access Group 41 The Key to Staffing and Workforce Growth, by People2.0

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A MESSAGE FROM OUR MD

2024: A year of challenges, preparation, and progress toward recovery It’s been a significant year, in the recruitment market, the economy and more broadly around the globe. While it’s been unpredictable at best, patchy for the large part and flat in many markets, the signs are all beginning to point to stronger demand.

Lesley Horsburgh Managing Director APSCo Australia

While we may need to temper any expectation in consideration of the Christmas slowdown, 2025 is likely to offer recovery for many, particularly those who have planned well, prepared their people and refined processes for efficiency and cost saving.

Here at APSCo we’ve mirrored this preparation, fine tuning our member resources, ensuring we’re talking to members regularly about their needs and mapping out a robust plan for the new year.

This issue throws those who are achieving great outcomes into the spotlight with our special Awards coverage – it’s a competitive space in any market but this years’ finalists and winners should be particularly proud to achieve such standards in a challenging environment.

I’d like to thank all of our members, partners, my team and our Board Directors for their continued support in 2024.

We look forward to supporting all of you in 2025.

LESLEY HORSBURGH APSCo Australia Managing Director E: lesley@apscoau.org

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A MESSAGE FROM OUR CHAIR

Congratulations to the winners of the 2024 Awards for excellence The APSCo Gala Awards evening was once again a resounding success. I want to take this opportunity to congratulate all of this year’s winners across each category.

Steve Smith Director, Sirius People APSCo Australia Chair It was wonderful to see new brands joining the awards, and, as always, a massive thank you to Lesley and the team, who go above and beyond to make this event possible.

Despite being a small team with the association’s day-to-day operations to manage, they consistently deliver an exceptional evening. Well done, team, and thank you again!

There has been some commentary within the industry about the number of awards nights in the recruitment sector, however, I want to highlight what the APSCo Awards for Excellence stand for: genuine quality and high standards.

This is why the APSCo Awards are so coveted, and it’s encouraging to see a strong number of applications again this year.

As I write this, we have just over seven weeks left until Christmas. I hope you and your business have a strong finish to the year, and I wish all association members a wonderful summer break filled with festive joy.

Looking forward to seeing you all in 2025!

STEVE SMITH Director, Sirius People, APSCo Australia Chair

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A P S C O P A R T N E R N E W SP : AT R ATRNGEERT RNEECWRSU I T

Revolutionising Recruitment with TargetRecruit Joe Duffy from TargetRecruit and APSCo Australia’s Lesley Horsburgh delved into the intricacies of recruitment CRM systems in the latest episode of the Recruitment Down Under podcast. We’ve summarised the key points below.

Understanding recruitment CRM systems Joe offered a firsthand account of how Salesforce has evolved from a tool for large enterprises to a versatile platform suitable for organizations of all sizes. He emphasised that a robust recruitment CRM should encompass core features such as candidate tracking, automated communication, reporting and analytics, and seamless integration with other tools. For many recruiters, the question often arises: “Where do I start?” Joe suggested evaluating specific needs and considering how a CRM can address them effectively.

The role of AI in recruitment The discussion then shifted to the impact of AI on recruitment practices. Joe explained that AI is being utilised to enhance candidate sourcing and engagement, with tools that automate CV screening and personalise communication. However, he noted common misconceptions, such as the belief that AI will fully replace human recruiters. Instead, AI is designed to augment the recruiter’s capabilities, allowing them to focus on building relationships rather than administrative tasks.

Mythbusting Salesforce Addressing myths about Salesforce in recruitment, Joe clarified that while concerns about cost are prevalent, the value it brings through customisation and scalability often outweighs these fears.

Salesforce can be tailored specifically to meet the unique needs of recruitment agencies, offering flexibility that many other CRMs lack. Joe highlighted its robust features that cater specifically to the recruitment sector, making it a compelling option for agencies looking to optimise their operations.

The episode also delves into the evolving landscape of privacy reforms and the implications for businesses, particularly in recruitment. As privacy legislation parallels Europe's GDPR, companies must adapt their tech strategies to align with broader business goals. Intelligent automation and AI play crucial roles in streamlining recruitment processes, especially in high-volume sectors like healthcare.

Joe offers key advice for implementing CRM systems successfully, emphasizing the need for careful planning and alignment with digital transformation objectives.

Joe Duffy's insights into Salesforce's adaptability and AI's transformative potential provide listeners with the tools to gain a competitive edge. By embracing technology and aligning it with business strategies, recruiters can future-proof their processes and achieve success in an ever-evolving landscape. Listen to the full episode on Recruitment Down Under here.

Listen on

Recruitment Down Under RECRUITMENT & CO | 5

A P S C O P A R T N E R N E W SP : AS R E TE N KE R N E W S

Finalists revealed for the 21st year of the SEEK Annual Recruitment Awards SEEK has revealed the finalists for its 2024 SEEK Annual Recruitment Awards (SARAs), celebrating the dedication, innovation and passion of those in the recruitment profession.

For over two decades, SEEK has recognised the individuals and agencies striving for excellence within the recruitment industry, all while providing a positive impact within their community.

SEEK’s Head of Recruitment Sector, Con Marchesan said it's an honour to recognise and celebrate recruitment professionals again this year.

“It has been a challenging year for the Australian workforce, and the role of recruitment agencies has been more crucial than ever. As candidate activity continues to outpace the job market, recruiters have remained adaptive while navigating and supporting job hunters and businesses alike. We are honoured to be able to recognise and reward the passion, expertise and talent of this year’s finalists,” he said.

Visit the SARAs website to view the full list of finalists.

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A P S C O M E M B E R N E W S : PTAARLTENNETR N E W S

Talent announces the launch of Solve Talent has announced the launch of Solve which specialises in outsourced and embedded recruitment and workforce management solutions.

We are looking forward to sharing our new look and feel with our customers and the market.”

Solve’s four key service lines include: Embedded recruitment MSP RPO Advisory

L-R: Alexandra Williamson, Managing Director, ESE The Agency; Tom Mackintosh, Managing Director, Solve by Talent

Talent Global CEO, Mark Nielsen, commented, “Here at Talent, we embrace change as the new norm and continually raise the bar for growth within our industry.

Originally a division of Talent that has operated since 2018 and now launching as its own individual brand, Solve partners with startups, scale-ups, and enterprise brands across the APAC region to transform their talent functions, solve workforce challenges and drive business outcomes through progressive people solutions.

Today is an exciting new chapter as we introduce Solve to the market. Our relationships with clients that Tom and the wider Solve team have built and nurtured is a testament to their hard work and commitment to deliver quality people solutions.”

Tom Mackintosh, Managing Director, Solve, said on the launch, “It’s an exciting time as we relaunch our brand into market as Solve.

To celebrate the launch, Solve invited key clients to an intimate lunch at Shell House restaurant in Sydney with special guest speaker, Alexandra Williamson, Managing Director of ESE The Agency.

Our division has grown over the years, and we are incredibly proud that we are the goto partner within the media and tech industries. With the backing of Talent, we are able to stand on our own and bring a whole new level of customer experience to our clients. This marks an important milestone, and I am incredibly proud of the whole Solve team.

Williamson played a pivotal role in propelling the Matildas to their historic 2023 FIFA Women’s World Cup performance and helped reshape the landscape of women’s sports.

Find out more about Solve here.

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ManpowerGroup Whizdom

Aaditya Chavda Zeep Medical

ManpowerGroup

Comensura

Horner Recruitment Squire Patton Boggs

Rainy Day Recruitment

Talent

Best Brand: cmr | Cornerstone Medical Recruitment “The cmr brand is built on fostering a happier healthcare community, resulting in a strong reputation, high levels of customer satisfaction and brand loyalty”

Client Service: Horner Recruitment

Best Workplace Culture: Horner Recruitment

Candidate Experience: Sapture International

“Our positive workplace culture provides an inclusive and collaborative environment where everyone has a voice – from the newest employee to the longest standing. Our team feel valued, respected and supported leading to higher job satisfaction, productivity and overall wellbeing.“

“Sapture focuses on improving candidate experience through data-backed strategies and transparent practices. Our commitment to excellence (is) rooted in actionable steps that create a meaningful impact for candidates at every stage.”

Diversity, Equity & Inclusion: Rainy Day Recruitment

Health & Wellbeing: ManpowerGroup

“Our approach to client service “This achievement reflects our has profoundly impacted our unwavering commitment to fostering company, contributing to growth, inclusive opportunities and creating client retention, and industry ethical recruitment solutions that recognition. This impact is evident celebrate diversity. To be through various metrics, client acknowledged among such feedback, and organisational outstanding finalists inspires us to achievements.” continue championing DEI across every aspect of our work.”

Best Performance: Recruitment Hive, Medacs Healthcare & Peoplebank “This award signifies excellence in performance and operational prowess & extends beyond mere accolades; it represents a commitment to best practices, continuous improvement, and the relentless pursuit of excellence in a highly competitive industry.”

“We have developed a holistic and individually tailored health and wellbeing program, which we call "Living Well at ManpowerGroup."

Innovation: Robert Walters

Learning & Development: cmr | Cornerstone Medical “Our AI initiatives address real-life Recruitment challenges faced by front office colleagues. This effort has led to the “cmr prioritise the growth and creation of two pioneering tools: the professional development of our AI Ad Writer and the Robert people, with a RecruitReady Walters Open AI Playground.” program, the cmrAcademy and a culture of continuous learning”

Compliance Team of the Year: Whizdom

MSP of the Year: Comensura

RPO of the Year: ManpowerGroup

“Compliance is embedded into every action we take at Whizdom because it forms the foundation of trust, risk management, and ethical excellence. It helps us meet legal standards, build strong client relationships, and ensure our longterm success.”

“To deliver a rich and diverse contingent workforce to customers, Comensura partners with hundreds of recruitment suppliers across Australia, including small and medium-size enterprises, Indigenous-owed, and disability confident recruiters, through to national suppliers.”

“Winning an APSCo Award for the second year in a row is a wonderful testimony to my amazing team.

They are conscientious and talented; solving complex problems through human and digital capability. Our incredible clients trust us to keep doing our best work and never standing still.”

Staffing Professional of the Year: Aaditya Chavda

Partner of the Year: Squire Patton Boggs

Specialist Firm of the Year: Talent

“Aaditya Chavda’s outstanding achievements, leadership and commitment to the recruitment industry, as well as his passion, results and vision for the future reflect his dedication to making a lasting impact on the industry.”

“Squire Patton Boggs has “With almost three decades of provided members with valuable supporting clients and candidates webinars, knowledge-sharing, through their digital and technology timely updates, and affordable journey, Talent has vast IP on the sector services, helping members and is considered an industry SME.” navigate Australia’s evolving legislative landscape.”

r e n n i D e r P s k n i r D

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ManpowerGroup

Talent

Cornerstone Medical Recruitment

Rainy Day Recruitment

Whizdom

Thank you to our Sponsors

Major Sponsor

DIRECTOR NEWS

Trouble in the bubble Those that know me, know I am a very passionate Canberran and know our city is a wonderful place to live and work. Traditionally many said we were in a bubble in Canberra propped up by the Federal Government Canberracentric presence.

John McCluskey MD, Whizdom APSCo Director

While some of this has some truth, Canberra had matured over the last two decades where private industry employment exceeded those working in Local and Federal Government.

Local Government policy, industry and the community is heavily influenced by Federal Government initiatives, and we are seeing this playout now.

As the Federal Government has pursued a path on in-sourcing “Thanks PWC” and a reduction on the use our consultants and projects increasing the public sector employees, allowing employees to work remotely, including other states, we are starting to see some of the impacts on the local economy.

With the lower industry patriation we have lower payroll collection, with the reduced local consumer spending we have reduced GST, largely effecting local government capacity to fund appropriate services.

With the in-sourcing, there is a reduced requirement for specialist skills that is putting downward pressure on rates and more competition for local roles, forcing many consultants like the public servants to move or work remotely.

Local Government has increased ACT payroll tax this year for medium and large enterprises that was already the highest in the country to offset the shortfall of revenue.

The ACT leads the country per capita in business insolvency, not something to be proud of, but rest assured there is another payroll tax increase coming next year to business to offset those losses.

Unfortunately, where we should be attracting new business to invest in Canberra it seems we are doing everything to deter them. With the highest costs of labour in the country you have to forgive those companies engaging talent outside ACT to reduce costs to make ends meet.

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DIRECTOR NEWS

South Australian market insights In South Australia, there is a growing focus on leveraging technology to improve efficiency and effectiveness in the government, private, and defence sectors. In the government sector, there has been a strong push towards digital transformation to deliver better services to citizens.

Anthony Whyte MD, Talent International APSCo Director

The South Australian government has been investing in various technology initiatives, such as the development of online platforms for accessing government services, implementing data analytics tools to improve decision-making, and investing in infrastructure for cybersecurity.

In the private sector, there has been a significant uptick in the adoption of emerging technologies such as artificial intelligence, internet of things, and blockchain. Companies are increasingly investing in digital technologies to streamline operations, improve customer experiences, and drive innovation. South Australia has also become a hub for startups and technology companies, with government support and funding available to encourage growth and innovation in the sector.

In the defence sector, South Australia has a strong presence with key defence industry players and facilities located in the state. The state is a major hub for defence technology, with a focus on developing cutting-edge capabilities for the Australian Defence Force. South Australia has a strong reputation in areas such as aerospace, shipbuilding, and cyber security, with a skilled workforce and a supportive business environment for defence industry growth.

Overall, South Australia is continuing to invest in technology to drive economic growth and innovation across the government, private, and defence sectors. With a focus on digital transformation and emerging technologies, the state is well-positioned to leverage technology to create new opportunities and drive progress in key sectors of the economy.

I’ve also included the top 3 requests from clients and candidates over the past 6-months.

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DIRECTOR NEWS

The key hiring trends for 2025… are the same as 2024!

Each year, around about this time, we see multiple articles popping up across our news feeds outlining the ‘Key Hiring Trends” for the year ahead…and in parallel to this, many of our clients are reaching out to understand the top motivating factors for candidates in seeking their next opportunity.

Stephen Veness Group Manager, Davidson APSCo Director

Over time, it is fair to say that certain drivers emerge as being more prevalent at a given time: Flexibility: the ability to work from home has been a big one this year as employers generally tend toward a shift back to the office, while many employees still favour an element of flexibility. A fairly emotive topic!

Remuneration: it seems to move up and down each year in the aforementioned articles… but never too far down! Cost of living pressures are real for 99% of employees at the moment and so a competitive salary package or daily rate are clearly important.

Career progression and development: another major driver with several moving parts… but for many, a move to a new organsiation is about taking a step up, learning new skills and being exposed to different ways of working.

Leadership: this one is usually referenced as the key reason for leaving an organisation… so in that vein…it’s also a key factor in selecting a new one!

Interesting and challenging work: one that often sits middle of the pack in these annual rankings, but I would suggest it factors in most decisions related to seeking a change. If the work people do is not motivating, rewarding and interesting…then they will seek that daily reward elsewhere.

Of course, the above list is far from exhaustive but the critical point here is that no matter what LinkedIn tells us is the ‘number one reason for changing jobs in 2025” will be…it will always be unique to the individual and the situation.

As such, having a genuine understanding of any clients’ holistic Employee Value Proposition (EVP) is essential. Their EVP, if well articulated, gives our teams a range of topics that may resonate with candidates. What matters to one person in considering a new role will potentially be very different to another. Basic…yes. Captain Obvious Recruitment 101…yes.

But in truth, fully understanding a clients EVP in enough detail to have an informed conversation, is a bit of a gap for many. PS - if the client can’t articulate their EVP to us… that’s not a good start!

So as we head into 2025…and the unemployment rate remains low, as the ability to attract and retain top talent remains at the forefront of each organisation’s priorities and as candidate reasons for considering their next move remain varied (and not necessarily in line with the ‘Top 5 Reasons, 2025)…understanding EVP and how it connects to each individual will continue to a key tool for success across the industry.

APSCO PARTNER: LINKEDIN

2024 Global Talent Trends In the past year, talent leaders have faced complex challenges that often pulled them in opposite directions—balancing remote work with returning to the office, navigating hiring surges alongside headcount reductions, and developing AI-specific skills while prioritising essential human traits. LinkedIn explains.

As diverse as these issues are, they all highlight a crucial element for success in the AI era: a company’s people.

LinkedIn’s latest Global Talent Trends report provides insights into how talent leaders can unlock human potential in this evolving landscape.

Drawing on data from LinkedIn’s Economic Graph, the Executive Confidence Index survey, and a global community of over a billion professionals, the report focuses on key areas such as hiring, generative AI (GAI), internal mobility, and learning and development.

Hiring trends are showing signs of stabilising, particularly in the tech industry, which has rebounded from last year’s slowdown. In Australia, internal mobility has grown by 7% yearover-year, surpassing the global average of 6%.

This shift underscores the increasing importance of leveraging internal talent to enhance organizational agility, employee retention, and career development.

The report also emphasises the transformative potential of GAI.

Around 80% of Australian executives see GAI boosting productivity and freeing employees’ time for more strategic and creative work.

However, only a small portion of organisations are fully adopting these technologies, presenting a significant opportunity for those willing to move quickly.

Talent leaders are positioned to guide their organisations through this transformation, focusing on human-centric AI adoption and change management.

Additionally, soft skills are becoming a top priority, with 70% of Australian executives planning to hire candidates with transferable skills like problemsolving, adaptability, and team leadership in the coming year.

Companies that effectively integrate AI into their talent strategies are more likely to see higher promotion rates and stronger leadership development.

To dive deeper into these findings and discover the latest trends and strategies to help your business stay ahead by focusing on your most valuable asset—your people. Visit LinkedIn’s Global Talent Trends Report.

Don’t forget to explore LinkedIn Learning’s free courses to help you develop 6 critical human skills in the age of AI, unlocked until 30 December 2024.

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APSCO PARTNER: WORKPRO

Introducing WorkPro’s digital identity solution Many HR teams still rely on manual recruitment and onboarding processes, resulting in human errors, inefficiencies, and security risks. Without robust systems, verifying identity and credentials accurately becomes challenging, leaving businesses exposed to compliance risks. WorkPro writes.

Digital Identity Solution addresses these challenges by integrating advanced AI technology to streamline identity verification and background checks.

This solution ensures a smooth, secure, and efficient process, reducing manual workloads and guaranteeing compliance throughout the employee lifecycle.

Key Components of WorkPro’s Digital Identity Solution 1. Document Analysis Manual data entry from identity documents, like passports or birth certificates, can lead to errors and slow down hiring.

WorkPro’s Document Analysis eliminates this by automating the verification and extraction of data using Microsoft AI. This ensures accuracy, saves time, and allows HR teams to focus on strategic tasks rather than administration.

2. Document Verification Service (DVS) WorkPro achieved accreditation as a Gateway Service Provider for the Attorney-General’s Document Verification Service (DVS), allowing the verification of a candidate’s identity in realtime against the Australian Federal Government’s Database.

This ensures that identity documents, such as a passport for Work Rights Checks, or any primary document for Police Checks, are authentic. Instant verification removes the guesswork of manual checks, reducing the risk of errors and ensuring you onboard candidates with complete confidence.

3. Biometric Facial Recognition To further enhance security, WorkPro uses Biometric Facial Recognition to verify that the candidate matches the identity documents submitted. This technology performs a “liveness test” (coming early 2025), by mapping facial features and comparing them to the photo ID provided, ensuring the person is who they claim to be. This additional layer of protection helps prevent identity fraud and strengthens your onboarding process.

4. WorkPro’s ID Vault Once identity verification is complete, candidate documents are securely stored in WorkPro’s ID Vault. Its end-to-end encryption provides an individual assurance that their documents are stored and managed appropriately, and they are in control of who has access to them.

For organisations, it reduces the need to retain sensitive documentation, offering a streamlined solution for document access and management, as well as automated expiry notifications and audit logs to ensure compliance.

A candidate's WorkPro ID is also portable, allowing them to share their verified checks and credentials with any employer they’ve applied to that uses WorkPro. This enables seamless access to their compliance information, saving companies valuable time in the hiring process.

A Smarter Onboarding Process WorkPro’s Digital Identity Solution simplifies the onboarding experience by automating document validation, securing personal data, and keeping compliance up to date.

If you’d like to find out more, contact us today and discover how WorkPro’s Digital Identity Solution can streamline your compliance and hiring process.

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APSCO PARTNER: MERCURY

Mercury AI - Revolutionising the future of recruitment Mercury is redefining recruitment with a staged AI journey designed to enhance productivity and streamline processes for recruiters, hiring managers, and candidates.

Starting with AI Essentials, Mercury automates essential recruitment tasks like follow-ups, candidate searches, and job advert creation, allowing recruiters to manage multiple vacancies efficiently.

This foundation leads to the Advanced AI pack, introducing powerful tools such as: Network AI: This tool helps recruiters pinpoint highpotential business development opportunities by analysing existing relationships and market insights, giving recruiters an edge in client engagement.

Match AI: This feature accelerates time-to-hire by identifying and engaging ideal candidates for specific roles, automating outreach and minimising time from job posting to CV submission, allowing recruiters to fill roles faster.

These tools work together to empower recruiters with datadriven insights, enabling faster, smarter hiring decisions and freeing them from timeconsuming, repetitive tasks.

Built on the Microsoft Power Platform and leveraging Azure OpenAI Services and Azure AI Search, Mercury Copilot is being designed to support recruiters in real-time, accessible through familiar channels like Microsoft Dynamics 365 and Teams.

Mercury Copilot will enable recruiters to interact through chat interfaces (with a goal of voice interaction), allowing The culmination of Mercury’s AI them to request candidate journey will be Mercury Copilot, shortlists, schedule follow-ups, being developed in collaboration or track client engagement with Microsoft Product directly within their existing Engineering teams. tools.

This deep integration within recruiters’ daily workflows provides powerful, AI-driven insights that streamline processes, saving time and enhancing productivity.

Numerous Autonomous Agents are expected to be added to support Mercury Copilot.

In addition to supporting recruiters, the Mercury Copilot is anticipated to offer valuable features for hiring managers and candidates, driving efficiency across the entire recruitment ecosystem.

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For example, candidates, too, will benefit from Mercury Copilot with real-time status updates, time-tracking support, and a more streamlined onboarding experience, making their entire journey — from application to placement — smooth and engaging.

Mercury’s AI-powered evolution — from AI Essentials to Advanced AI and the Mercury Copilot —is already transforming recruitment and will accelerate this digital transformation further in the next 12 months.

Through intelligent automation and intuitive interfaces, Mercury is setting a new standard for recruitment, making every stage faster, more efficient, and centred on building impactful relationships.

By automating workflows, enhancing insights, and creating a user-friendly experience, Mercury empowers recruiters, hiring managers, and candidates to focus on what matters most: connecting the right people with the right opportunities.

2024 APSCo MEMBER INSIGHTS Participate in our Survey

APSCO PARTNER: GADENS

Costs, caution and consequences: “Rare” costs ruling against a paid agent In the recent decision of Flexy Services Pty Ltd v Mr Brian Newman [2024] FWC 2840, the Fair Work Commission (FWC) made a costs order against a paid agent who represented an employee in making a general protections claim against her employer. Gadens writes.

Background Ms Georgina McBride, a casual employee of labour hire company Flexy Services Pty Ltd (Flexy), alleged that she was dismissed due to her pregnancy. She engaged Mr Newman of 1800Advocates to pursue her general protections claim against Flexy following a decision by Rio Tinto to terminate her on-hire assignment with them.

Flexy argued Rio Tinto was not Ms McBride’s employer, had no power to dismiss Ms McBride, and that it had ended her assignment without Flexy’s knowledge. Flexy made a jurisdictional objection arguing Ms McBride had not been dismissed. Deputy President Peter O’Keeffe upheld Flexy’s argument, ruling that Flexy had not dismissed Ms McBride.

Costs order against the paid agent Following the successful jurisdictional objection, Flexy applied for cost orders against Mr Newman. Under section 376(2) (b) of the Fair Work Act 2009 (Cth), Deputy President O’Keeffe determined that Mr Newman’s actions were unreasonable in connection with the continuation of the dispute and warranted costs – an outcome rarely achieved in this ‘no costs’ jurisdiction.

The Deputy President considered the following: There was no evidence indicating Ms McBride had been dismissed and Flexy provided substantial evidence disproving her claim. Mr Newman, aware of correspondence confirming McBride was still regarded as an employee, had no reasonable basis to believe he could succeed before the FWC. Mr Newman did not properly consider the prospects of success. The Deputy President did not accept he was merely following Ms McBride’s instructions.

What does this mean?

The FWC seldom awards costs; therefore, this ‘clear case’ offers useful guidance for future cost applications.

However, the Deputy President invited further submissions on the amount of costs to be awarded, characterising Flexy’s $80,000 legal fees for the jurisdictional objection ‘excessive’.

This case also highlights the rationale for upcoming reforms to address paid agent conduct in the FWC.

George Haros Partner, Gadens

Ellie Pitcher-Willmott Lawyer, Gadens

Following consultation, the FWC issued a report and recommendations on 9 September 2024 to regulate paid agent practices more stringently, aiming to protect clients and ensure professional integrity in this jurisdiction.

Read our full article to explore the case, its potential impacts, and upcoming reforms in greater detail.

APSCO PARTNER: SQUIRE PATTON BOGGS

Same Job Same Pay – What does the Fair Work Commission say?

As many members will already be aware, the “same job, same pay” framework introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) amends the Fair Work Act 2009 (Cth) (FW Act) to empower the Fair Work Commission (FWC) to make a “Regulated Labour Hire Arrangement Order” (RLHAO) if certain requirements are met. Squire Patton Biggs explains.

Under a RLHAO, labour hire workers engaged by a host company must be paid no less than the host company’s employees covered by the host’s enterprise agreement if the labour hire worker would be covered by the enterprise agreement had they been an employee of the host.

Some exceptions may apply, such as for trainees, businesses with fewer than 15 employees, or employment periods less than three months.

Recent Decisions Upon the implementation of the “same job, same pay” framework, several applications for RLHAOs had been made by unions, with the Mining and Energy Union (MEU) in particular lodging a high number of applications (24 applications to date, with 5 applications already resulting in the making of RLHAOs and the others still before the FWC).

In an interesting trend, a number of labour hire providers and the host employers who are the respondents to these applications have elected not to oppose the applications, allowing the FWC to make the orders “on the papers” (i.e. without a hearing).

In one case, the application ended up being withdrawn when the host employer offered to directly employ the labour hire workers.

The most recent decisions largely reinforce this trend, with the one exception being that an employer, FES Coal Pty Ltd, sought to limit the scope of the RLHAO. Applications by the MEU re Coppabella Mine (C2024/5555) (C2024/5558) (C2024/6046) Three applications were made by the MEU under s 306E of the FW Act for RLHAOs applying to Peabody Energy Australia PCI Mine Management Pty Ltd as the regulated host and Protech GPS Pty Ltd, WorkPac Pty Ltd and WorkPac Mining Pty Ltd, and FES Coal Pty Ltd trading as One Key Resources (One Key) as the employers (collectively, employers).

Nicola Martin Partner, Squire Patton Boggs

James Newman Lawyer, Squire Patton Boggs

The employers did not oppose the application of the terms of the proposed RLHAO.

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Applications by the MEU re Coppabella Mine (C2024/5555) (C2024/5558) (C2024/6046) Three applications were made by the MEU under s 306E of the FW Act for RLHAOs applying to Peabody Energy Australia PCI Mine Management Pty Ltd as the regulated host and Protech GPS Pty Ltd, WorkPac Pty Ltd and WorkPac Mining Pty Ltd, and FES Coal Pty Ltd trading as One Key Resources (One Key) as the employers (collectively, employers). The employers did not oppose the application of the terms of the proposed RLHAO. Applications by the MEU re Capcoal Surface Operations (C2024/5507, C2024/5508) The MEU made two applications under s 306E of the FW Act for RLHAOs. In both applications, Anglo Coal (Capcoal Management) Pty Ltd was the regulated host, with WorkPac Pty Ltd and WorkPac Mining Pty Ltd being the employers in one application and Mobilise Group Pty Ltd trading as AWX Pty Ltd being the employer in the other.

Once again, neither the regulated host nor the employer(s) opposed the order sought, agreeing for the matter to be determined on the papers. The FWC found it was required under s 306E to make the RLHAOs sought by the MEU. Application by the Energy by MEU re Poitrel Mine (C2024/4214) The MEU applied under s 306E of the FW Act for a RLHAO applying to Stanmore SMC Pty Ltd as the regulated host and WorkPac Pty Ltd and WorkPac Mining Pty Ltd as employers. The regulated host and the employers similarly did not oppose an order being made.

Application by the MEU re Boggabri Coal Mine (C2024/4157) The MEU applied under s 306E of the FW Act for a RLHAO applying to Boggabri Coal Operations Pty Ltd as the regulated host and FES Coal Pty Ltd as an employer.

Whilst the employer did not oppose the application, it opposed the form of the order sought by the MEU and submitted that the FWC should make an order in a more limited form confined to employees who are currently supplied under a particular labour hire contract.

Its concern was that, in the absence of the additional wording, it would be open to argue that the order not only captured current labour hire employees supplied by FES, but also all future FES employees based at the Boggabri Mine.

FES submitted that if it was to commence to supply further services (i.e. services other than labour hire services) to Boggabri Coal, such an arrangement should not automatically fall within the scope of the order made without consideration being given to whether the FWC was satisfied that the performance of work “is not or will not be” the subject of an order under s306E(1A).

The FWC rejected this more limited order for various reasons, one of which being that in the event there was some uncertainty in relation to the coverage of the order, or if it was to be contended that the order applies to employees who should be excluded from its operations, the employer could apply to the FWC to vary the order.

Key takeaways The continuing trend from these emerging cases indicates the willingness of the FWC to make RLHAOs. So far, at least, RLHAOs have been made in blue collar workforce environments, which will not come as a particular surprise to members.

For those members who hire into blue collar workforces, you can expect that you will likely end up being the subject of a RLHAO. Members who supply labour hire workers are encouraged to familiarise themselves with the “same job, same pay” reforms so they can comply with their new obligations, to enable them to properly understand the financial, legal and operational impacts.

Members also need to be forearmed to be able to deal with disputes as they arise, with the most common dispute likely to be about how to calculate “the protected rate of pay”. There are a range of steps members can take to prepare for the impact to their businesses.

The NESA (National Employment Services Association) publication: ‘Employer’s Guide: Regulated Labour Hire Orders’ provides some useful tips on such steps.

At page 54 there is a handy Risk Assessment Checklist that can be used as a starting point for your analysis: 4531-ACCI-guides_RegulatedLabour-Hire-Arrangements-WEBNESA.pdf

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APSCO PARTNER: SDP SOLUTIONS

Key legislative shifts impacting independent contractors and casual staff Earlier this year, the Fair Work Ombudsman (FWO) announced several changes to employment regulations for independent contractors and casual staff. Most of these changes came into effect on August 26, 2024, and aim to create fairer and more transparent employment practices, address current gaps in the law, and meet the needs of today’s workplaces. SDP Solutions explains.

Changes for independent contractors New definition of an independent contractor: Rather than focus on the terms of a contract, the test to determine whether someone is an independent contractor relies on how that person performs the contract. These changes include the working relationship's practical reality and true nature rather than relying on written contracts.

Opting out of the new definition: Contractors earning more than the high-income threshold can opt out of being considered under the new definition. The employer can let them opt out, and the contractor can then choose to continue the current relationship.

New defences for sham contracting: Amendments to the sham contracting defence (which came into effect on February 27, 2024) mean employers must now prove they reasonably believed a worker was a contractor at the time of engagement to avoid penalties for misclassification.

The previous defence has been replaced, whereby employers needed to prove they did not know and were not reckless regarding the employment status.

Now, employers must demonstrate a ‘reasonable belief’ that an independent contractor arrangement was appropriate at the time of engagement.

Changes to casual staff New definition: A casual employee is now someone without a firm advance commitment to continuing and indefinite work.

Similarly to contractors, the FWO defines a casual employee based on the employment relationship's practical reality and true nature.

Casual employees should receive casual loading or a specific casual pay rate.

Raj Shesha Founder, SDP Solutions

New pathways for casual conversion: The FWO has introduced new pathways for casual conversion.

Employees can now request a shift to permanent employment after six months (for non-small business employers) or twelve months (for small business employers), provided they believe their employment no longer meets the casual definition.

Employers must respond to such requests within 21 days, either accepting the conversion or giving valid reasons for refusal.

Given these changes, employers may consider using an Employer of Record when hiring independent contractors or casual staff to mitigate risks.

An Employer of Record can handle compliance, payroll, and other HR responsibilities, ensuring adherence to new regulations and reducing the potential for legal issues.

APSCO PARTNER: EOS WORLDWIDE

These are the 5 frustrations that stifle almost every business If you’re a business owner in Australia, you know that running a business isn’t just about good ideas—it’s about navigating constant challenges. Having a simple system that helps you with that could be the answer. Having grown my own business from $20mil to $265mil using EOS (The Entrepreneurial Operating System).

EOS is essentially a series of simple methods and tools that I can help you implement to generate real traction.

Let’s check out those 5 frustrations and how EOS could help you solve them: 1. Lack of Control It’s easy to feel like external forces are steering the ship, especially when markets change.

EOS helps business owners regain control by setting clear, actionable goals every 90 days, so they focus on what can be controlled. I had a client who felt he had lost control because of market fluctuations; by setting quarterly priorities, they gained stability and moved towards solid growth again.

2.Lack of Profit Profit might not be the primary motivation, but it’s essential. I’ve worked with multiple clients which struggled with low profitability. By identifying their core focus and realigning their services, they saw profits increase as they focused on high-value clients and the right team structure.

3.People Challenges Having the right people in the right seats is critical. Even talented teams can face problems if roles and responsibilities aren’t clear. EOS uses tools like the Accountability Chart to clarify roles.

When I grew my last business, I found that clear role definitions reduced team clashes, and more importantly, everyone thrived, enjoying work so much more (with the side effect of increased productivity and revenue!).

4.Hitting the Ceiling Every growing business reaches a point where old methods stop working.

This was one of my biggest issues in my own business but using the principles from EOS I focussed on restructuring, aligning roles with the company’s new needs.

Though it involved tough decisions, it positioned the business for the next stage of growth.

Colin Cuthbert Professional EOS Implementer

5.Feeling Stuck The hardest frustration is the sense that nothing seems to work. Structure might feel restrictive to some entrepreneurs, but it’s often the key to progress. I’ve introduced the concept of an Integrator all my clients, bridging the gap between vision and execution— in the moment, it may seem indulgent to employ someone in this role, but it will be transformative!

So why do successful business owners seem to have that magic touch?

It’s not luck, it’s because they know what to do; they follow a process.

If you have reached the stage where you want some help and are ready to take control, boost profits, build a stronger team, and break through growth barriers, call me and discuss whether EOS could be for you.

Contact Colin: colin.cuthbert@eosworldwide.c om

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APSCO PARTNER: JOBADDER

Don’t put it off… 5 ways to make switching your CRM easier before the holidays As the year draws to a close, it may seem practical to postpone major decisions until after the holidays. However, delaying a CRM upgrade until the new year can have hidden costs - impacting consultant productivity, morale and alignment, warns people strategist Nina Mapson Bone. JobAdder writes.

With 25 years of experience and three successful CRM upgrades under her belt, Nina sat down with JobAdder to share her top 5 tips for ensuring a smooth CRM rollout before the new year: Understand day-to-day operations There’s often a gap between the strategy that business leaders design, and how it aligns with day-to-day operations.

Recommendation: Nina recommends taking the time and resources to really understand how things work at a groundlevel. This clarity will help you gauge the real impact a CRM change would have on the team.

Communicate your strategy For any change to succeed, team buy-in is crucial.

Recommendation: A CRM upgrade shouldn’t be a surprise to the team. Communicate your strategy and the ‘why’ behind it early on. It may still feel daunting, but understanding the purpose and benefits can reduce pushback.

Set micro goals

Get ahead by taking action now

Large projects can often feel overwhelming, but breaking tasks down into achievable steps helps keep the team focused and motivated.

With many companies slowing down, this could be the ideal time to make progress. Rather than waiting until January, businesses can get ahead of the curve.

Recommendation: Plan out the whole process in advance and break it down into micro goals.

This approach makes the project seem more achievable, and encourages proactive thinking about the potential risks, necessary steps and outcomes.

Recommendation: Think critically about your year-end workload and ask “are we still working on that, and do we need to be?’. Nina encourages leaders to consider whether current tasks are worth prioritising over getting a headstart in 2025.

Plan for the worst, hope for the best

Getting started…

For a more in-depth look at the process, check-out JobAdder’s step-by-step guide to choosing a CRM, including a complete checklist, vendor scorecard, expert tips and more.

Even the best-laid out plans can have setbacks.

Recommendation: Nina suggests appointing a ‘black hat’ role, a person whose entire job is to point out potential holes in every idea.

It’s not about focusing on negatives, rather anticipating risks and strategies to address them.

You can assign one person to this role, or go around each meeting and have every person pick holes in the plans.

“Done well, a new CRM is worth the investment - not just for the tangible benefits, but for the boost in employee engagement and morale." - Nina Mapson Bone.

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APSCO PARTNER: CERTEX

WHS Obligations for Employers with Remote/Hybrid Workers Did you know that in 2023, 37% of Australians worked from home regularly? [Source: Australian Bureau of Statistics] Remote or hybrid work models have become the norm since the COVID-19 pandemic which presents unique health and safety concerns for employers. Certex writes.

All employers have a legal responsibility for the safety of their workers, both internal staff and contractors, regardless of their working location. This means labour hire agencies have the same duty of care towards contractors working from home as they do when at host client sites.

Common hazards associated with working from home:

Therefore, employers must consult with workers to properly assess the individual risks of each home workspace.

An effective step of this process would be to mandate your workers to complete a work from home checklist before they start working from home, so that you are aware of their working conditions and potential risks.

Support work-life balance: Encourage workers to create a dedicated workspace at home and take regular breaks. ·Create a digital workspace: Promote collaboration to help workers interact with each other and reduce isolation.

Source: SafeWork Australia, Comcare Setting up a safe workstation

Control Measures SafeWork Australia and Comcare have identified a few common hazards associated with workers working from home in computerbased roles. These hazards include: Inadequate lighting Poor working environment Lack of electrical safety Slip and trip hazards Poor ventilation Poor workstation set up Poor role clarity Isolation Fatigue Unlike in a traditional office setting, home and living arrangements will vary from worker to worker, as will the risks.

Now that you recognise common risks with working from home in computer-based roles, let’s explore control measures to minimise their impact.

Type of work and role clarity: Provide proper guidance on tasks and ensure they are equipped to perform tasks assigned meeting deadlines.

Equipment: Provide equipment that is necessary to perform their tasks safely.

Communication: Create a clear communication structure. Regularly communicate with workers and ensure that they can communicate with each other.

A properly set-up workstation can minimise most physical risks associated with working from home in computer-based roles.

Key factors to consider include: Choosing a distraction-free dedicated space Equipment doesn’t have to be packed away at the end of the day.

Suitable lighting with minimal glare Comfortable workspace that is neither too hot nor too cold

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The below diagram from SafeWork Australia depicts a safe workstation.

Worker Obligations Workers also have WHS duties to comply with when working from home.

These include: Take reasonable care for your own health and safety.

Cooperate with WHS procedures and instructions provided.

Reporting any changes in the home workspace

Check for compliance with Certex iSafe.

Certex iSafe assessments can help you stay compliant. Our independent assessors can perform workplace assessments and help assess and identify gaps in your WHS obligations towards workers working from home.

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APSCO PARTNER: ACCESS GROUP

Five essential tips to elevate your candidate onboarding experience Onboarding is usually the first touchpoint you have with a new hire, and it can say a lot about your recruitment agency. Whether you are exec search, perm or labour hire, it pays to get it right. Here are five tips for an elevated candidate onboarding experience.

Access Group explains.

Go digital Paper is clunky for everyone. For your candidate, there is the hassle of printing and scanning. Then comes the work for your team, chasing late or missing documents, uploading, data entry and secure storage.

Not only is this incredibly timeconsuming, but it leaves the process open to human error and makes it hard to maintain compliance.

Ideally, your recruitment solution should offer candidates a single port of call, from contracts and induction videos to payroll data, making it easy for candidates to get everything done on time and ready to hit the ground running.

Automated communication is another factor to consider to help make onboarding effortless for your team. From reminders to notifications, you can guide candidates through the process and keep them on track without taking up any of your team’s time.

Make it engaging and relevant

Keep it moving

Tailoring the experience for the role is a great way to keep the candidate engaged and ensure they have the correct information to get started on the job.

While onboarding is a necessary part of the process, the formalities and paperwork aren’t usually the highlights of starting a new job, so keep things moving.

It’s a good idea to get started before the candidate starts work to avoid delays while paperwork is processed. Time is of the essence.

Video can be a great tool to keep candidates engaged, but organisations often use one set of videos for every role, leaving a new hire with hours and hours to view with little relevant learning.

Whether you are onboarding ten candidates or 10,000, a digital solution is a must-have in today’s market. It saves you time and money while delivering a winning candidate experience, so it’s a no-brainer.

Make it easy. Make it mobile.

Ensure security Manual data entry or downloading and uploading between systems cause unnecessary delays and create additional steps for the candidate.

If your onboarding process isn’t mobile-friendly, you’re probably losing candidates. Your candidates should be able to complete the process on the go, anytime, anywhere, making it simple for them and improving your turnaround times.

We’ve all experienced the annoyance of a forgotten password when we want to jump in and get something done fast.

With Onboarded, your candidates don’t need to worry about this. The experience is completed entirely through a single unique and secure URL — no usernames or passwords are required.

Ready to improve your candidate onboarding experience?

Pre-hire checks, inductions, contracts, e-signatures—you name it, Onboarded handles it all.

To learn more, visit Access Onboarded | Access Recruitment ANZ

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APSCO PARTNER: PEOPLE2.0

The Key to Staffing and Workforce Growth In today’s fast-changing job market, talent suppliers face growing challenges—from skills shortages to rising client demands. Achieving sustainable growth requires more than traditional staffing; it demands a comprehensive strategy. People2.0 writes.

Here are five key pillars to drive your firm’s success: 1. Expand Service Offerings

Offering contingent workforce solutions enhances staffing agility, reduces costs, and expands access to skilled talent.

Broaden your capabilities to meet diverse client needs.

Strategic partnerships can help you offer solutions like contractor management and payroll services without costly in-house development.

3. Optimise Operational Efficiency

This diversification stabilises revenue streams and strengthens client relationships.

This efficiency allows your firm to scale profitably while delivering exceptional service.

2. Leverage Flexible Talent Pools

4. Fuel Geographic Expansion

Blended workforces—combining full-time employees, contractors, and freelancers— are the future.

Streamline processes and focus on high-value activities. Automate back-office tasks like payroll and compliance and adopt technology to improve productivity.

New markets mean new opportunities. Whether expanding locally or globally, build strategies that include compliance readiness, local recruitment, and partnerships with regional experts.

5. Attract and Develop Top Talent Your internal team drives your success. Invest in competitive compensation, ongoing training, and a vibrant company culture to attract and retain high-performing employees.

Ready to Accelerate Growth?

By mastering these strategies, your firm can become an indispensable workforce partner.

People2.0 offers the expertise and services to guide you every step of the way. Contact us today to start building your customised growth plan!

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The Association of Professional Staffing Companies in Australia The only dedicated association for white collar recruitment agencies.

Testimonials “APSCo's rigorous standards, invaluable resources, and advocacy efforts have consistently reinforced our reputation and helped us navigate complex industry landscapes. “ - Chandler McCleod

“... APSCo provides us with invaluable resources, industry support via lobbying on key issues directly effecting our professional staffing sector, networking opportunities, enabling us to focus and deliver exceptional recruitment services. The APSCo Certified Professional program sets a benchmark of quality, standards and professionalism for recruiters engaging with candidates and clients and offers a marketing point of excellence.”

-Whizdom “...Their expert guidance, comprehensive educational resources, and commitment to industry best practices have empowered us to stay ahead of emerging trends in the recruitment sector. APSCo's support is a cornerstone of our dedication to delivering excellence, enhancing our ability to provide exceptional service to our clients and candidates.”

-Troocoo

To find out more about membership, contact Danielle@apscoau.org

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