A CCI SPECIAL INVESTIGATION BUSINESSPULSE
APRIL 2018
IN THE WORKPLACE
Print Post Approved No. 100004175 ISSN 1328-2689
HELLO TO SOME OF CCI’S NEWEST MEMBERS Enduraclad International Pty Ltd
Phone Booth Pty Ltd
Jason Kell General Manager
Karri Hadley Company Director
Supplier of a full range of wear resistant lining products.
Telecommunications delivery partner to tier one companies rolling out the NBN.
T 0439 902 817
T 0456 438 328
E jason@enduraclad.com.au
E phone.booth@outlook.com
W www.enduraclad.com.au
W www.phonebooth.com.au
The Australian Indigenous Business Alliance Group Pty Ltd (AIBAG) Leon Harris Indigenous Engagement Specialist It has taken AIBAG eight years to more successfully map the Indigenous engagement processes required to lead the pack in successful Indigenous employee retention. T (080 6397 0869 E leon@aibag.com.au
Web Key IT Pty Ltd Dr Vivienne Conway Director We provide professional digital accessibility consultancy, auditing, accreditation and training to ensure accessibility. T 0415 383 673 E v.conway@webkeyit.com W www.webkeyit.com
W www.aibag.com.au
“We joined to obtain assistance with legal documentation necessary for expansion”
“AIBAG joined CCI to promote its new Workplace Indigenous Engagement Program”
WELCOME A NOTE FROM THE EDITOR ROBYN MOLLOY
APRIL 2018
IN THIS EDITION Message from the CEO
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Message from the Chief Economist
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Pump on policy
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CCI@WORK
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Business Pulse Editor
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n this special edition of Business Pulse, CCI reveals how many employers are finding innovative ways to tackle violence and aggression in the workplace, which has increased by 25 per cent in WA in the last five years. CCI receives several calls a week about the issue and last year conducted 20 workplace investigations, as employers get on the front foot with their obligations when an issue starts to emerge. With public hospitals known melting pots for aggression and violence, Serco, which manages Fiona Stanley hospital, reveals the innovative ways it keeps staff and visitors safe. Staff at St Bartholomew’s, whose clients are all facing severe trauma and crisis, face violence and aggression daily. There is almost no other workplace like it — it’s not a prison or a hospital, so staff aren’t offered the same protections when warding off violent and aggressive clients. Yet CEO John Berger explains how the organisation hasn’t lost faith in humanity, despite the daily threats. CCI’s General Manager of Workplace Consulting Warren Edwardes offers some timely advice on how employers can ensure they are meeting their obligations to provide safe workplaces for employees. Guest columnists include Federal Workplace Minister Craig Laundy on why safety in the workplace is a priority and Deputy Premier and Health and Mental Health Minister Roger Cook on why the state health budget needs an overhaul. The next edition will focus on ‘Local Content’, so please get in touch with your ideas. Email Robyn.Molloy@cciwa.com.
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In Brief Violence and Aggression in the workplace Why violence and aggression is on the rise
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Serco faces up to frontline reality
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Not all FWC decisons are clear cut
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How to deal with an incident
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St Bart’s manages daily doses of violence and aggression
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Training and technology ease the tension
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Patient violence is ‘not ok’
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Federal Minister Craig Laundy on why violence must cease
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Regulars
It’s your business to register.
IR: Modern workplace needs new system
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Q&A: Your employer questions
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Master and Apprentice
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Winners and Grinners
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Published monthly by Chamber of Commerce and Industry of Western Australia (Inc) 180 Hay Street, East Perth WA 6004 T (08) 9365 7555 E info@cciwa.com W www.cciwa.com
If you employ workers in the construction industry you may be required by law to register in the Construction Industry Long Service Leave Scheme. Find out by visiting www.myleave.wa.gov.au or by calling 08 9476 5400.
President Ray Sputore
Chief Executive Officer Chris Rodwell
Editor - Robyn Molloy (08) 9365 7628 | editor@cciwa.com
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Disclaimer: This information is current at 1 April 2018. CCI has taken reasonable care in preparing this information, however, it is provided as a guide only. You should seek specific advice from a CCI adviser before acting. CCI does not accept liability for any claim which may arise from any person acting or refraining from acting on this information. Reproduction of any CCI material is not permitted without written authorisation from the Editor. © Copyright CCI. All rights reserved
APRIL 2018 BUSINESS PULSE 3
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ADVOCACY IN ACTION
Union ‘myth making’ puts prosperity at risk A MESSAGE FROM THE CHIEF EXECUTIVE OFFICER
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n recent months we have seen the volume turned up on anti-business rhetoric in this country courtesy of the union movement. The case put forward by the unions, through its ‘Change the Rules’ campaign, is that wages have stagnated while business profits have grown. This is a myth — old style class warfare — playing off populist movements that have gained traction in the UK, US and elsewhere around the globe. Australia is nothing like these places. We are into our 27th year of uninterrupted economic growth, and, as recent research from the Australian National University explains, if any particular community within Australia has suffered in the past decade, it’s the business community.
“On average, households relying on ‘business income’ have seen living standards drop 8 per cent since 2007”
employment opportunities at risk. Small businesses in Western Australia have been under considerable pressure to maintain viable operations and continued employment of staff in challenging economic conditions where operating margins have been eroded and growth constrained. The ACTU’s proposal has no regard for these pressures or the fact that almost 60 per cent of small business owners in this country, which constitute 97 per cent of all Australian businesses, are paid $50,000 or less. Australia already has one of the highest minimum wages in the world, as recognised by the World Economic Forum. It is small businesses that will be damaged by this excessive wage increase, which is well above WA inflation (0.8%). CCI supports responsible and sustainable wage growth through the national minimum wage and modern award minimum wages as a fundamental ingredient for growth and employment. But what the unions have suggested is an illconceived attempt at creating class warfare. This
isn’t the answer to building a prosperous nation. Regardless of their size, for business to be successful, productive, competitive and sustainable, it is critical that a job supporting and job creating business environment exists. If Australia swallows this myth making by the unions, make no mistake that we put our prosperity at risk. The standard of living we enjoy today is because our country has recognised for many decades that its prosperity comes from balanced, fair-minded policy making.
Chris Rodwell Chief Executive Officer
TO GET INVOLVED: cciwa.com @CCI_CEO
On average, households relying on ‘business income’ have seen living standards drop 8 per cent since 2007, while all other household types have seen improvements. As part of its campaign, the ACTU has called for a 7.2 per cent, or $50 a week, increase to the minimum wage — more than five times last year’s Wage Price Index increase in WA. This is completely unaffordable in today’s economic climate, putting job security and
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ADVOCACY IN ACTION
China’s big bucks can’t be ignored CCI CHIEF ECONOMIST RICK NEWNHAM
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hina must be a part of WA business’ plans if they want to succeed globally. Its role in our region cannot be ignored. It is estimated that US$26 trillion will be required to be invested by 2030 across infrastructure, power, transportation, water and sanitation in Asia, some of which Australian businesses can capitalise on if they look at the Asian century with fresh eyes. Once that infrastructure is in place, the new supply chains of Asia will allow Australian exporters to capitalise on new markets. It is the work that Australian businesses do now that will determine whether history will show them as missing in action, or that they acted early to seize every opportunity. To date, the Australian Government has not signed up to the One Belt, One Road initiative (OBOR), but this does not and should not stop Australian businesses using their global networks to collaborate on projects on their own account. The opportunity is too great to ignore. The numbers are eye watering. The Economist reports that as much as $180 billion has already been invested by the Chinese Government and investment institutions or provided as loans from Chinese banks. To understand the scale of this grand plan requires a contemporary comparison. The closest in recent history is the US Marshall plan, which assisted with the revival of post-war Europe 70 years ago. The Marshall plan invested more than US$130 billion (in 2018 dollars) across 16 countries, accounting for just under 2.5 per cent of the recipient nation’s GDP. China’s US$180 billion outbound investment already dwarfs that and the project is just getting started. Australian businesses must understand and find ways to take advantage of China’s initiative or risk missing out.
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As a trading nation, this is in our DNA. We have the skills, the knowledge, the commodities and the professional services to be part of this global trading route. OBOR aims to cover about 65 per cent of the world’s population, about one-third of the world’s GDP, and about a quarter of all the goods and services the world moves. The “Belt” refers to the historic overland Silk Road trading routes that connected China, via Central Asia, to Europe. Pegged for completion by 2025, it is expected to bring down overland travel time from Beijing to London from 15 days to just two days.
has the capacity to drive a new wave of mining investment in our nation. Australia exported over $62 billion in iron ore last year to China and our commodity exports totalled $254 billion. WA accounted for more than 35 per cent of Australia’s goods exports, making us the heavy hitters on the world stage. Imagine what this figure could be if all West Australian businesses were motivated to act now to leverage off their highly regarded reputation as business partners to grasp even a small stake in this opportunity. It’s not just our strengths in mining that will allow us to take advantage of the opportunity.
“It is estimated that US$26 trillion will be required to be invested by 2030 across infrastructure, power, transportation, water and sanitation in Asia” The “Road” refers to the maritime equivalents to the south, linking China, Southeast Asia, India and Africa. China is already the top trading partner for 124 countries, dominating trade in Asia, Eastern Europe, Africa and Australia. To put this into perspective, the United States is the number one trading partner for less than half that (56 countries) and their global growth is projected to surpass the US by about $2 trillion in 2025 and about $5 trillion by 2035. We know that economic growth in Asia is accelerating, in tandem with the emerging middle class that will translate to greater markets and employment, and this expands the scope for realising infrastructure projects. Demand for Australia’s iron ore, in particular,
It is our financial and professional services, energy and resources, health care, advanced manufacturing, e-Commerce and education, that will also be in demand. Before businesses jump in, they should consider partnerships with local businesses in their target host country. These partnerships can deliver the relationships and local expertise that will be fundamental to an overseas venture’s success. Australian businesses have the capability, the resources, the expertise, the global networks and the reputation to compete for every OBOR project. Now is the time to think about competing on the global stage. The next phase of our economic growth depends on it.
ADVOCACY IN ACTION
Microgrids generate exciting prospects A new parliamentary inquiry is studying how decentralised generation and distribution of electricity could impact future electricity infrastructure and WA’s economy JUSTIN ASHLEY
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he Economics and Industry Standing Committee last month launched an ambitious parliamentary inquiry into the increasing prevalence in WA of microgrids and associated technologies and what they could mean for the state’s electricity sector and broader economy. ‘Microgrid’ is a term that is somewhat contested amongst energy boffins, but there are a few features that most people agree on. Microgrids are smaller than conventional electricity grids, have sufficient generation sources to meet most or all local electricity demand and include some form of control system that makes it all work. Microgrids can operate in isolation or maintain a connection to a larger electricity grid, which is typically used for back-up purposes. The concept of a microgrid is nothing new. In WA, Horizon Power supplies electricity t o most of its regional towns via a microgrid. Many mining operations also use microgrids to meet their electricity supply needs. In many respects, WA’s expansive geography has necessitated the widespread use of microgrids and resulted in the state being a world leader in development and operation. So, why are we having a parliamentary inquiry into microgrids? This is where ‘associated
technologies’ come into play. The inquiry’s terms of reference do not define associated technologies, but one can assume it includes distributed generation technologies (such as renewables, fuel cells and micro-turbines), battery storage systems, advanced metering infrastructure as well as ICT-based products such as peer-to-peer trading. The improving performance and economics of microgrids and their associated technologies is making them a cost-competitive alternative to conventional grid supply options. This could fundamentally change the way we plan and invest in electricity infrastructure. One high-profile example of this is Western Power’s Kalbarri microgrid project, which will supply electricity to the town with local renewable generation sources and a large-scale battery while maintaining a connection to the main grid. The decision to develop a microgrid at Kalbarri was largely driven by reliability issues with the feeder line connecting the town to the main grid. At the smaller end of the scale, property developers are increasingly considering the use of microgrids to supply new housing estates. Many in the industry consider this all part of a broader trend towards a decentralised electricity system — one that relies less on the main grid and more on electricity supplied within a microgrid setting. I’m not game to make any grand predictions about the future composition of the electricity
sector, but there is likely to be some degree of decentralisation and an increased reliance on microgrid technology. In fact, this is already happening. In such a dynamic environment, it is important that industry is given the space to adapt and pursue innovative, low-cost energy supply options that are secure and reliable. The legislative framework for WA’s electricity sector currently does not do this and imposes multiple barriers to taking full advantage of the benefits offered by microgrid technology.
“Microgrids can operate in isolation or maintain a connection to a larger electricity grid” The committee’s investigation of regulatory barriers to developing and operating microgrids in WA is welcome, but the real challenge will be to implement the necessary reforms following the inquiry. This is no small task for a State Government that has its hands full playing energy policy catch-up. Let’s hope that for once, we can get ahead of the game and unlock the next wave of investment in our electricity sector. The deadline for submissions to the inquiry is April 13 with the report expected to be tabled in Parliament at the end of November. THE PUMP ON POLICY Justin Ashley is the Energy Policy Advisor at CCI. He can be contacted at (08) 9365 7575 or justin.ashley@cciwa.com.au.
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CCI@WORK 1. LIGHTHOUSE LEADERSHIP JOHN HUGHES FEBRUARY 21 Speaking at a packed Hyatt grand ballroom for CCI’s first Lighthouse Leadership lunch of 2018, Hughes offered timeless nuggets of wisdom on how he’s stayed so successful for so long. The car magnate said customer service was still a huge priority for his dealership and the old adage ‘out with the old, in with the new’ did not apply. He also shared the story of how he came up with his company’s famous philosophy, which was lifted almost verbatim from a customer complaint letter.
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2. HR LINK QUARTERLY BRIEFING FEBRUARY 27 The second HR Link Quarterly briefing saw a crowd of about 50 learn about trending employee relations issues. CCI’s employment experts gave a masterclass in topics like healthy workplaces and how to reduce the contribution of the workplace to chronic disease. Attendees also learnt about trends in enterprise agreements and how to improve your chances of getting one past the Fair Work Commission.
2 DIARY NOTE: THE FUTURE OF WORK: CCI IR CONFERENCE 2018 APRIL 12
CCI’s The Guide email hits your inbox every Monday morning by 9am giving you a look ahead at the important events, courses and dates to help you do business better. For more information go to cciwa.com/the-guide
The way we work is changing, the gig economy is expanding and Australia’s employment law framework is struggling to keep pace. Join us as we tackle the question – what will this mean for the future of work? Bringing together a variety of speakers, the CCI IR Conference will provide holistic insights into the implications of a rapidly changing workforce, as well as the legislative challenges at a local and national level. To find out more and book tickets visit cciwa.com/events
To register your interest in receiving more information about any of our 2018 events, email functions@cciwa.com
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CCI@WORK 3. THE BUSINESS BOOK CLUB MARCH 2 Truth Growth Repeat author Mike Edmonds shared insights into how marketing the true purpose of a business is much better for the bottom line than a marketing campaign based on lies that attempts to make a company look good. Jointly organised by CCI and Boffins Books, about 50 business people heard insights from the co-founder of Meerkats. He shared the story of Brownes Dairy, which lost its way when bought by a multinational dairy company but found it again when another set of new owners embraced the ‘truth growth repeat’ model.
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4. TEAMWORK BEYOND THE FIELD MARCH 9 NRL legend and Melbourne Storm captain Cameron Smith joined Storm coach Craig Bellamy, NRL CEO Todd Greenberg and club CEOs Blake Solly (Rabbitohs), Andrew Hill (Bulldogs), Dave Donaghy (Storm) and Cameron George (Warriors) to talk the business of sport at the Crown Botanicals ballroom on March 9. Hosted by former rugby league and AFL footballer Adrian Barich, the rugby heavyweights discussed the leadership qualities required in CEOs, captains and coaches to build a good culture in a club. They also shared some unique insights and anecdotes into what goes on in an elite sporting club and how to manage players and staff. Greenberg confirmed an NRL expansion is on the cards but didn’t confirm whether Perth would receive a team in the near future.
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APRIL 2018 BUSINESS PULSE 9
IN BRIEF
SMALL BUSINESS OWNERS ‘UNPREPARED TO RETIRE’
LESSONS LEARNT
LIAM TWIGGER, MANAGING DIRECTOR, PCF CAPITAL GROUP
Liam has over 25 years of experience in investment banking and corporate finance. He first headed Macquarie Bank Limited in WA and later Bankers Trust’s WA investment banking activities. Following the sale of Bankers Trust Australia Limited in 1999, he became a founding principal of PCF Capital Group. Liam is also a Director of the Gold Corporation Board and Chairman of Football West Limited. Growing up I learnt … Education is a life enabler. I left home and school in WA at 15 to play professional soccer in the UK. I played for Swindon Town, a third division club in a working-class area and I spent my time playing, but also cleaning boots, mopping change rooms and a myriad of other menial tasks to keep the club alive. Many of my colleagues had their lives set out in front of them. They were either going to make it as a professional soccer player or end up on the street with little to their names. I guess I could see at an early age what my future could be like if I couldn’t find a way back to complete my education. I had peered over the edge of the abyss and didn’t like what I saw and came back to Australia at 18 with a fire in my belly and inner drive that wanted to make sure I was never in that position again. From my family I learnt … There is always room for one more. We would often have guests or friends turn up unannounced at dinner time and Mum would just split whatever we had with no fuss and with a beautiful smile would say ‘there is always room for one more’. I’ve kept that sentiment close to heart and I think the same is to be said in the business world, that there is always room for another player in your market, so don’t be complacent. The most valuable lesson I learnt in school … As a new kid in year 8 at Marist, I remember the social studies teacher asking for those who thought they were working class to put their hand up. It’s a strange question by today’s standards. But my dad, who was a supermarket manager, had always said that if you worked for someone else, you were working class. So, of course, I put my hand up, only to see that I was the only one who had done so. I immediately realised that I had probably made a big mistake. Still, it didn’t hold me back. I was one of the only kids in the class to get an A for the year. My first lesson in discretion. A new report from Edith Cowan University has found that small business owners are poorly prepared financially for retirement. Only 26 per cent of 258 small business owners surveyed said they were ‘on track’ or had ‘more than enough’ funds for their retirement. Of those over 60 years of age, more than half (54 per cent) said they were ‘not on track’, were ‘only somewhat on track’ or ‘didn’t know’. However, 62 per cent of this age group indicated they were planning to retire in the next five years. Associate Professor Janice Redmond from ECU’s School of Business and Law said a significant number of small business owners do not have adequate strategies in place to achieve a satisfactorily funded retirement within the timeframe they had set. “Many small business owners live in the ‘here and now’ because operating a small business is challenging and they do not focus or spend time on long-term planning for their businesses or themselves,” she says. The study also indicated that respondents were resistant to taking advice from financial advisors or institutions, wanting instead to rely on themselves and their abilities to go it alone.
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This year I’ve learnt … There is an intelligence predictor test which has become synonymous with temptation, willpower and grit called the marshmallow test. Children are given the choice between one reward (like a marshmallow or a mint) they can eat immediately, and a larger reward (two marshmallows) for which they would have to wait alone for up to 20 minutes. Apparently, university experts have determined that children who waited for the second marshmallow generally fared better in life. Well, I would have failed that test as I would have eaten that marshmallow and backed myself to negotiate another one! Equity markets come and go and, in terms of any lessons learned, you must take advantage of opportunities as they present themselves as the doors can close very quickly. I’ve learnt that taking the marshmallow is a good option. One lesson I wish I had learnt earlier … Discretion is the better part of valor. Sometimes you are asked questions and people either don’t want to know the answer or didn’t expect you to answer it. I am working on my EQ to know the difference. A small but crucial lesson to learn is … Good manners really count and just turning up and looking the part is only 50 per cent of being successful in life.
$US4.1B Atlassian Corp’s Australian founders Michael Cannon-Brookes and Scott Farquhar have been named as the 499th and 500th richest people on the planet in the latest Bloomberg Billionaires index.
IN BRIEF
A DAY IN THE LIFE... LORRAINE LEE, TOURISM DEVELOPMENT OFFICER FOR YEEDA PASTORAL COMPANY
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his year Yeeda Pastoral Company is branching out further into the tourism industry. Jack and Vicki Burton own the Bungle Bungle Caravan Park and Willare Bridge Roadhouse but this year will be doing cattle station tours and station stays at Yeeda Station. I’m at the office in Broome from 8am-5pm depending on what’s happening. No day is typical. Kilto Station is only 60km out of town — so that’s only a short drive. Willare is 180km — so that’s only an occasional visit and Yeeda Station is just up the road from that, so those two I usually do in the one day if I go out there. Tomorrow we’re flying up to Springvale Station in the East Kimberley. It’s a 4.30am start and we’ll stay overnight. It needs to be ready for tourism as well as cattle mustering, so we need to see what has to be done. This year is different for us because a lot of the products are new and we’re still putting a lot of the infrastructure in place. It’s a very exciting time.
Our first 10-day upmarket tour will leave Broome on June 10 and finish in Kununurra. People will stay at Yeeda Station and the Bungle Bungles. Both will be set up with glamping tents. The tents at Yeeda will be right near the homestead so there’s green grass and big shady trees. Part of the deal with the tours is that people are part of what happens on the day-to-day basis at the station. All the tents will have en-suites and we’re waiting to pick up our brand new 4WD bus. Tours can be booked, the website (yeedakimberlytours.com.au) is almost developed and the brochures were finalised and going to print as we speak. ‘Call of the Kimberley’ is what we’ve called the 10-day trip and it’s an invitation to visit Yeeda Pastoral Company’s backyard. You get to see a lot of country and places you wouldn’t normally see. There’s helicopter flights, bull-buggy rides, campfires and long table dinners under the stars. Most definitely, I have to try out all these
You are the HR Manager HOW WOULD YOU HANDLE THIS SCENARIO?
An employee who is a delivery driver approaches you with reports of being on the receiving end of sexual harassment from a few customer sites she delivers to and no longer feels safe. Her line manager tells you these customers say they like to flirt with her and think it’s harmless. Her manager suggests she will have to put up with it and to fire her if she complains again. What do you do?
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n employer has a requirement under Occupational Safety and Health laws to ensure employees are provided a safe working environment. By forcing an employee to put up with this
harassment, when it’s clear she feels unsafe, is a clear breach of this requirement and will place the company at serious risk of penalties. You should explain this to the line manager and then escalate the matter if they will not take action. If you ignore the safety concerns and follow the line manager’s direction to fire the delivery driver, this course of action is likely to constitute adverse action and give rise to a General Protections claim in the Fair Work Commission. As a HR manager, you should be aware of this risk and by blindly following a direction from your superior, you may also be at risk of personal penalties under the accessorial liability laws of the Fair Work Act. So again, you need to explain all of these risks to the general manager, and if they do not listen, escalate the matter to a more senior member of the organisation.
WHO TO CALL For further information or advice regarding serious misconduct, contact CCI’s Employee Relations Advice Centre on (08) 9365 7660 or at advice@cciwa.com.
things. I’ve been working here since last year but have known the owners for three decades. The tours will bring an awareness of what actually happens on a cattle station — the life out there and the trials and tribulations and some appreciation of what goes in to providing your beef steak. We’re only going to run 10 of the long tours this year which have a maximum of 20 people. Day tours out to Yeeda from Broome will be for 20 people. We’ll do them three times a week. We’re off to Melbourne next week for the Victorian Caravan and Camping Show, which is one of the biggest in the country. It’s exciting. We’ll see what the year brings.
“The secret of change is to focus all your energy not on fighting the old but on building the new” Socrates, a founder of western philosophy
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Source: Boffins Books in Perth CBD
APRIL 2018 BUSINESS PULSE 11
VIOLENCE AND AGGRESSION
Shaping up to workplace
VIOLENCE AND AGGRESSION ROBYN MOLLOY
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iolence and aggression in workplaces has increased by 25 per cent over the past five years. The statistic — provided by WorkSafe WA and based on Worker’s Compensation claims — excludes workplaces and workers who are not covered, such as the self-employed and people who choose not to submit a claim. The most serious incidents are reported to police.
performance management, termination or the process for dealing with a complaint. The centre receives at least two calls a week from smaller companies in the construction and mining sector and, on average, a call every three weeks about how to deal with carers of the elderly or disabled who have been reported manhandling clients, speaking disrespectfully or with raised voices. General Manager of CCI’s Workplace Consulting Group and Director of Business Law WA, Warren Edwardes, says attitudes have changed towards violence in the workplace
“Something like a clip across the ear or an unwanted touch is now correctly regarded as an assault in the workplace” Safe Work Australia says the number of reported incidents of violence and aggression are contantly increasing due to the rise in drug and alcohol abuse, mental health and dementia. CCI last year conducted 20 workplace investigations into violent and aggressive incidents. CCI’s Employee Relations Advice Centre receives several calls a week regarding aggression which manifest as questions about
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where in the past something like a clip across the ear or an unwanted touch are now correctly regarded as an assault in the workplace. Failing to provide a safe work place can be costly. A café owner was fined $220,000 under the Victorian Occupational Health and Safety Act 2004 after the suicide of a young woman as a result of workplace bullying, which included violence and aggression. Edwardes says there’s
sometimes a fine line between reasonable managerial directions and perceived bullying or aggression when talking sternly to employees. Recently, the Queensland Supreme Court ordered an employer to pay more than $1.7 million in damages to a manager who was forced into medical retirement after a new CEO repeatedly ‘harassed, mistreated, devalued and undermined her for 11 months’. In this regard, it was held that the employer either knew about the CEO’s conduct and negligently failed to intervene to prevent it or negligently failed to adequately monitor the CEO. In another matter, the Victorian Supreme Court ordered an employer to pay $625,345 in damages where it was aware of a worker’s psychiatric vulnerability but left her under the supervision of an abrasive manager. “The same goes with a customer and clients,” Edwardes says. “That’s why you have employers such as banks and liquor stores, for example, training staff to deal with robberies. They must have robust practices and procedures in place. WorkSafe provides guidance to training and protecting employees in robbery situations. A failure to do so could amount to a failure by the employer to provide a safe workplace.” He says workplaces must also abide by a variety laws, which can be complicated, depending on the industry in which they work.
VIOLENCE AND AGGRESSION
“I’ve completed a number of audits ranging from small business to large corporations where there are a variety of legislative provisions that may apply to the business. It’s not all about the OSH Act.”. WorkSafe WA’s Senior Inspector/Scientific Officer in the Human Factors and Ergonomics Kath Jones says varying types of violence and aggression can occur in different industries with labourers and tradies leading the way for assaults, which become police matters and are not investigated by WorkSafe. Changes in funding for NDIS and aged care, an ageing population and increasing numbers of drug and alcohol-impacted people mean there are more people confronting violence and aggression in their daily jobs. The three main sources of aggression in the workplace include: internal (between employees in the same organisation); external (usually associated with robberies and other crimes); and service related (associated with providing a service such as client, member of public, patient or inmate). WorkSafe spends most of its time on the third one, where there is a foreseeable risk. Reports of being ‘accidently assaulted’ mostly fall into the health, education and community services sectors. “Those three are often client related so it’s quite different and that’s where we see a lot of inquiries come through to WorkSafe and > p14
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VIOLENCE AND AGGRESSION > injuries reported. We work quite closely with
those industries because it is a known risk in health and education now — it’s really on the increase,” Jones says. “The ones we tend to hear about are the accidently assaulted and the bullying and aggression ones.” Jones says violence and aggression are more difficult for employers to deal with due to the involvement of external parties. However, this does not mean employers can reneg on their responsibilities to keep employees safe. Workcover must notify WorkSafe if an injury report requires 10 days or more of lost time due to injury. A WorkSafe investigation looks at the employer’s systems. “How you control bullying is very different to how you control a client-related issue,” Jones explains. “If it’s bullying, I’ll go in and speak to the complainant and the employer about what systems they have in place to prevent it and manage it.” “If it’s violence and aggression, we go straight into the workplace and say what systems are in place, but also look at the environmental antecedents. Was there controlled access, was there an incident with a duress alarm, was there any security on site?” Jones acknowledges that eliminating violence and aggression in the service related sectors is almost impossible but says employers are becoming more savvy in their methods of dealing with internal violence and aggression as it relates to bullying. “I am seeing much better systems than ever before and I have been looking at them for more than 10 years now as an inspector. There is a much greater understanding of what employers can do. But with violence and aggression, there are some areas you just can’t get rid of.” While acceptance levels have changed with some industries — such as tradies and apprentices who will call each other out — under reporting remains prevalent in the social services and industries. “When you look at those big industries like health care and social assistance, there are some really small workplaces where they’ve never had these incidents happen before. Community aged care is a big one and they are popping up all the time now. They are often not-for-profit with between two and five employees. “In health care, where it is not deliberate and often considered accidental (because of dementia, disability or mental illness), then they might not report it because think they didn’t mean to do it.” Jones says she has seen some positive outcomes in her 10 years as an inspector. “People phone into WorkSafe and say ‘I am not feeling safe here’ because of bullying or a client issue. Even though there is some confusion — because we don’t case manage individual cases and only look at systems — there tends to be really good outcomes.
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“Sometimes workplace cultures take a while to change but having this systems approach, from an inspectors’ perspective, I see a much more positive outcome. Complainants generally tend to be happy to know, even though they might have had a bad experience, that action is being taken to make sure it doesn’t happen to the next person.”
WHO TO CALL CCI’s safety and risk consultants are available to provide advice on your systems as they relate to mitigating violence and aggression in your workplace. Call (08) 9365 7415 or email osh@cciwa.com.
DIFFERENCE BETWEEN BULLYING AND AGGRESSION According to WorkSafe WA, aggression is defined “as any incident in which employees and other people are abused, threatened or assaulted at work”. This includes “any statement or behaviour that leads a person to believe they are in danger of being physically attacked” while an “assault or physical attack refers to the direct or indirect application of force by a person to the body of, the clothing or equipment worn by, another person, whereby this action creates a risk to health and safety”. According to Fair Work Australia, bullying is when a person or group repeatedly behaves unreasonably towards a worker or a group of workers at work. Violence, aggression and bullying are unlawful under the Occupational Safety and Health Act 1984 due to the effect on the safety and health of employees and others at the workplace. CCI Workplace Consulting General Manager Warren Edwardes says bullying can involve exclusion of team members from activities, talking to colleagues in an inappropriate way — such as using a raised voice (as opposed to talking sternly) if they have done something wrong. “There is always a fine line for that one. Employees can make an application for bullying in the workplace in the Fair Work Commission but there is the defence for reasonable managerial direction,” Edwardes says. “That comes down to how it was said and whether it was relevant to the workplace. “Screaming at someone in front of a whole bunch of staff members and calling them an idiot is not the appropriate thing. It would fall within the bullying scenario. “Having a stern conversation with them behind closed doors in regards to their performance is reasonable. But having a stern talking to them about the way they look, the way they dress, physical appearances — that’s all getting towards bullying.” WorkSafe’s Kath Jones says the big differences between the two are repetitiveness and foreseeability. “Bullying needs to be repeated unreasonable behaviour. It’s targeting a person and it can risk safety and health. Aggression is basically any aggression and you can further define it as internal, external and client related. “So as an employer in a high-risk industry like a bank, you wouldn’t have to have repeated hold ups — you’d know you are in a high-risk industry. But if you are in a fast food place that has never had a hold up and then has had one, it’s not really a foreseeable risk of violence and aggression.” She says bullying mostly occurs internally between staff to staff, whereas violence and aggression is more likely to be from external people such as the public or clients.
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Staff must know how to face volatile situations Public hospitals are a melting pot for aggression and violence, but Serco is tackling the issue head on to keep everyone safe HAMISH HASTIE
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he hospital emergency room is one of the most volatile workplaces in the world and managing that risk is a tough task for management. A combination of stress, pain, drugs and alcohol makes for an unpredictable boiling pot that can sometimes bubble over into aggressive behaviour and even violence. Perth’s three biggest public hospitals had more than 11,000 code blacks last year — that’s 30 per day. Code blacks are used by hospital staff to describe an actual or potential aggressive incident towards a staff member, patient or visitor. This includes situations where staff members feel threatened, duress alarms are activated, violent altercations occur, verbal or physical abuse is experienced and self-harm attempts or threats are made Some incidents can be reported by multiple staff resulting in multiple code blacks. While aggressive or violent behaviour is not tolerated in hospitals, it still happens — so staff must be prepared. A spokeswoman for the Department of Health says front line staff receive specialised training to quickly recognise and respond to the early signs of aggressive behaviour. “The aggression, prevention and intervention program teaches staff strategies to manage conflict situations,” she says. The spokeswoman says the hospitals are all equipped to deal with aggressive incidents as well. “All metropolitan hospitals are equipped with security measures appropriate to their needs, including guards, alarms and police resources where required to ensure the ongoing safety of staff, patients and visitors.”
KEEPING YOUR PEOPLE SAFE Public services provider Serco has frontline government contracts in volatile areas including prisons, immigration centres, courts and transport but one of its biggest jobs is running Fiona Stanley Hospital in Perth’s south.
It runs non-clinical support services at the hospital, including the busy emergency department — which puts staff in direct contact with potentially aggressive and violent people. The right combination of strong policies, innovations and training means Serco’s efforts in this area are some of the most effective in the state. Serco’s Fiona Stanley Hospital HR Director Andrea Thompson says violence and aggression in hospitals is a serious issue and the company spends time and effort trying to prevent or mitigate the risks associated with it. “Hospitals mean you’re dealing with a risk that involves human behaviour and interaction, which is quite different to mechanical type risks,” she says. “Depending on the situation, the people involved also add to the volatility of the risk so the potential for injury — both physically and mentally — in these situations are quite high.”
“Perth’s three biggest public hospitals had more than 11,000 code blacks last year” Thompson says Serco must adhere to standards set by the Government in addition to standards outlined in their contract and the company’s own new realm of KPIs and transparency. “Safety for us is obviously at the core of everything we do so we have to be able to foresee and anticipate these situations,” she says So how do you keep staff and patients safe in the state’s biggest hospital? Thompson says comprehensive and practical training — over and above just theory and e-learning — plays a big part. “They actually get into a simulation centre and learn how to respond to an aggressive patient with verbal de-escalation or, if necessary, physical restraint techniques,” she says. “All of the training and techniques we teach must be endorsed and approved by the
Department of Health so it’s quite standardised across the health sector. “There’s a lot of training when people join us and we continue that through annual refresher training as well.”
CONTINUAL IMPROVEMENT Serco doesn’t rest on its laurels when it comes to staff and patient safety. Thompson says the company thoroughly investigates each incident and has a business intelligence unit constantly looking at data from the hospital and other areas to come up with new and innovative ways to improve response to violence and aggression. “We do have a lot of data we can look at and collate and review. We also have health and safety people on the ground to investigate incidents,” she says. “All of that is actually looked at and that information is retained. We’re continually researching how we can improve. “There is a fair amount of understanding you can gain by looking at this stuff, as you would with every other health and safety type risk. You’re seeking to understand it — looking at root cause, looking at mechanisms you can implement that will eliminate or minimise the risk in the future.” This fastidiousness has resulted in some innovative ways of dealing with violence and aggression, right down to ensuring a certain amount of staff and even changing staff uniforms. “We changed the staff uniforms to improve interactions with patients. They’re still identifiable and neat, but less formal,” Thompson says. “All of this helps set a calmer tone of an encounter when something happens.” Physical safety measures are also used by Serco staff at Fiona Stanley, including gloves and face spit prevention masks as well as communication tools like personal safety duress alarms, two-way radios and personal digital assistants. Some Fiona Stanley staff will soon trial body cameras, which are already in use by colleagues in Serco-run prisons. “A lot of information and research out there shows that generally when people know they are being filmed, it can have an impact on how they behave,” she says.
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Not all cases are clear cut Hurling abuse and violent attacks during work hours often don’t end at the workplace door, with many calling on the Fair Work Commission to act as umpire when decisions are brought in to question HAMISH HASTIE
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iolence and aggression in the workplace are increasing with Safe Work Australia statistics suggesting 37 per cent of workers have been sworn or yelled at in the workplace and 39 per cent of mental disorder claims are caused by harassment, bullying or exposure to violence. Businesses who heed the warning signs and have their policies and procedures in order are less likely to fall foul of the system. While the Fair Work Commission doesn’t keep specific records on the nature of unfair dismissal applications and stop bullying orders, its database uncovers a treasure trove of decisions offering plenty of valuable lessons for employers dealing with this issue.
THE SHOPLIFTERS Coles Supermarkets was forced to pay $4500 compensation for failing to provide adequate notice or pay in lieu to a sacked employee involved in a physical and verbal altercation with teenage shoplifters. A woman was working as a night-fill manager at a South Australian Coles store in 2015 when two teenage girls were walking down the hair and makeup aisle. The employee spotted the girls
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pocket some products and confronted them. Another employee stepped in to have a quiet conversation with the girls but the woman kept interjecting and accusing the girls of stealing. Eventually the girls emptied some stolen items on the floor and began walking away. The other staff left to call the police and clean up the items while the employee continued to follow the girls. As the girls attempted to leave the store, the employee stood in front of them and was
eventually pushed by one of them. She yelled abuse before regaining her balance, aggressively pushing the customer back, grabbing her collar and indicating at them to leave the store. Other staff members broke them up and following an investigation it was found her conduct breached Coles’ safe work policies. The Fair Work Commission agreed her conduct was not acceptable in the context of the situation but found the lack of notice or pay in lieu of her dismissal was, on balance, harsh and unfair.
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THE FIZZY DRINK VETERAN Sometimes Fair Work Commission decisions don’t go as expected, even in what appears to be a clean cut case. Schweppes found this out in 2015. Despite the commission agreeing there was a valid reason for sacking a South Australian factory worker after he got in a physical altercation with a colleague, his 30 years at the company and his age warranted the commission ordering he be paid 19 weeks in compensation. The man was working as a filler operator when the incident occurred. His colleague had found several faulty bottles while operating his machine and allegedly threw them towards the employee’s machine. He then allegedly threw a 1.25 litre bottle at his colleague. The aggression escalated when they bumped into each other at the wash room which involved, “verbal abuse, pushing and shoving and numerous air punches being thrown”. Both employees were pushed with one landing on a bin and the other on the floor. The aggression continued with both employees pushing and holding on to each other’s shirts until another employee stepped in and physically separated them. The commission found that there was a valid reason for dismissal but on balance, after considering his age and years worked for the company, the dismissal was harsh.
Senior Deputy President Richards said the employee’s conduct was serious and he had been warned about it. “In November 2012 the Applicant had been informed in very clear terms that the employer would not tolerate abusive language or threatening conduct,” he said. “That warning was not so long in the Applicant’s past for it to have lost its currency or for the Applicant to have to have forgotten its potency as a warning.”
FAMILY FURORE
The Fair Work Commission rejected the employee’s unfair dismissal application on the grounds that he clearly breached Sydney Trains’ code of conduct.
OUT FOXED Formally responding to each and every incident of aggression and violence is essential if you have a problem employee, as the following Linfox decision demonstrates. A man was working as a forklift operator in 2013 when he had a run in with his employer over how to use the high-reach forklift. Advice to the employer by the manufacturer of the forklift stated anyone weighing over
39 per cent of mental disorder claims are caused by harassment, bullying or exposure to violence OFF THE RAILS Strong codes of conduct and the right procedures to implement them will always work in the favour of an employer looking to terminate an aggressive or violent employee. A Sydney Trains cleaning attendant was fired in 2016 after repeatedly using shocking language and being aggressive to his superior. The man had worked at Sydney Trains since 2008 until several complaints were raised about his behaviour, in particular, to his boss. He was regularly heard calling his superior offensive names, accusing him of stealing staff overtime and questioning his intelligence in front of other staff. On one particular occasion when the man and his boss were cleaning a carriage, he allegedly opened the carriage door leaned out and shouted abusive names including a “mongrel”, “grub” and “you are always trying to create work”. He then allegedly continued the verbal abuse for about three minutes before his superior asked him to stop and continue with his work or go home.
122.5kg must operate the machine in a standing position. The employer gave the employee this direction at a toolbox meeting but soon after he was seen operating the forklift while seated. His supervisors then had a meeting with him to discuss why he was using the forklift in a seated position. He became agitated and began swearing at his supervisors. Eventually he stormed out of the meeting, slamming the door so hard it cracked the wall. He also threw a water bottle at another wall causing more damage. The employee left the site for 10 minutes before returning, still yelling and swearing. Linfox investigated the incident and eventually decided his behaviour did not meet the expectations of their staff and terminated him. A written warning given to the employee a few months earlier in 2012 for aggression in the workplace also worked in Linfox’s favour when he brought the unfair dismissal case to the commission.
Willy Wonka’s Chocolate Factory has nothing on family-owned New South Wales confectionary and snack food distributers All-Fect. All-Fect was started by the family in the 1980s and up until last year it was being run by two brothers. In April 2017, tensions between the brothers came to a head over a number of issues. The general manager Joseph had growing suspicions the managing director Paul had been hiding the company’s finances from him after some years of losses. He brought in a lawyer, demanded to see the company’s financial records and called the police to attend the business premises. He allegedly then attended the premises and threatened to “bash” his brother. This led to the managing director terminating the general manager from his employment. He gave several reasons for his dismissal, but most relevant were alleged violent threats on the day the general manager threatened to fight his brother and other incidents of derogatory and racial abuse directed towards employees. During the proceedings, several employees gave statements and detailed incidences of abuse by the general manager. The general manager defended his actions, stating that his behaviour was “not too different from everybody else’s in the workplace”. In considering the case, Senior Deputy President Hamberger said he did not put as much consideration on whether the general manager had adequate time to respond to his notice of termination because of the seriousness of the allegations.
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Dealing with violence and aggression at your business can be hard work — but the alternative could be much worse HAMISH HASTIE
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Don’t let things
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on’t stick your head in the sand when it comes to violence or aggression in the workplace. It’s simple advice but General Manager of CCI’s Workplace Consulting and Director of Business Law WA, Warren Edwardes, says any business that ignores the advice may be left paying a hefty worker’s compensation claim or dealing with time consuming ‘stop bullying orders’ or Worksafe inspections. It is an increasingly common issue for businesses. In 2016-17, there were 722 applications to stop bullying heard in the Fair Work Commission while 39 per cent of mental disorder claims were caused by harassment, bullying or exposure to violence, according to Safe Work Australia. Aggression and violence can happen anywhere and business is not excluded. Within an organisation it can be from clients or customers as well as between employees and bosses. While it may be frustrating, employers have an obligation to provide a safe workplace for their employees. Edwardes says businesses should have a succinct code of conduct in place for staff supported by good policies and performancemanagement systems. “Your code of conduct outlines what’s acceptable in the workplace — that’s your starting point,” he says. “You don’t want a 30-page code of conduct. You want something that has 10 bullet points of what’s acceptable in the workplace. “What is the organisation trying to achieve? What are they trying to do in terms of the culture of the organisation? What’s the safety direction of the organisation? “They’re short and simple dot points of what you expect from your employees. “Your policies and procedures then expand on the code of conduct.” Edwardes says good performance management policies will then guide managers or supervisors through the steps on how to manage the performance of workers’ who don’t follow the code.
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He says having those policies in place and following them diligently will also help avoid costly unfair dismissal and general protections claims down the track. “Usually you raise it with the perpetrator initially, put it in writing, give them an opportunity to respond and have a support person present at the time,” Edwardes says. “That all goes along the way toward showing it was reasonable in the circumstances in how you disciplined the employee. “If there’s ever an issue with a mental illness arising from alleged stress in the workplace, one of the first things regulators or your insurers will request is a copy of the relevant policies and procedures. “So, it’s always good practice to have that documentation. “It can also act as a guide for managers and supervisors to follow as opposed to “discipline first, ask questions later”.
DEALING WITH AN INCIDENT After an incident or report of aggressive behaviour, whether it be employee to employee or a customer and employee, the first thing you need to do is conduct a thorough investigation. “The first thing you’re going to do is ask ‘what, when, how and why?’,” he says. “Depending on the incident, I would recommend seeking some external advice if you don’t have your own capacity to do an investigation or if you want to demonstrate impartiality. You may also want the investigation report protected by legal professional privilege if there is a likelihood that litigation will follow. “Sometimes employees who are lodging that complaint have a fear of management. So, if you have an impartial third party who comes and interviews the employee and the manager, the employee is likely to accept that the
not investigate any potential breaches of the company’s policies and procedures. “If it is a criminal matter, you need to let the police know immediately. But that doesn’t mean you can’t deal with it at the same time. However, you’ve got to be careful about tainting the evidence, that is, witness statements,” he says. “If you interview people three times things start to change so the best interview is the first interview.”
ACT ON VIOLENCE AND AGGRESSION With attitudes changing, any business that ignores incidents or doesn’t take them seriously is asking for trouble, Edwardes says. “Sometimes businesses will just stick their head in the sand and say, ‘Oh, it was just a dust up between two employees. They’ve sorted it out now’,” he says. “Even though you might think it’s all sorted out, you need to go and speak to the employees and ask them if they are satisfied. Do they want this to go any further? “Even if it’s at the lowest level and you’re talking to one party and they’re saying, ‘Look I’m satisfied, I don’t want to lodge a complaint’, you still need to go to the other person and tell them it is unacceptable behaviour, regardless of whether the victim wants to lodge a complaint or not.” Edwardes says that if you don’t act on violence or aggression at all, it can fester, leading to wider problems in workforces. “It impacts on the productivity, culture and morale within the organisation,” he says. “It goes wider because other workers who saw what happened can sometimes get a little bit disenchanted with the organisation.” It can be viewed that bad behaviour is not punished or even rewarded in some circumstances.
“At the extreme end of the spectrum, employees working in places like liquor stores or stores that operate out of normal business hours — whether they’re casual or permanent employees — do a lot of training in what to do when confronted with violent incidents and robberies.” The Fair Work Commission found last year that an employer was justified in dismissing a petrol station employee for refusing to hand over money and cigarettes to a ‘difficult’ customer, who then walked off without paying for goods. The employer argued that the employee ignored the company’s ‘Armed Robbery/HoldUps’ procedure, exposing himself and others to potential danger. “You can never fully prepare employees for such incidents through training,” he says. “But no training is not an option as you at least provide some guidance as to what may be reasonably expected. ”This includes the expectations of the employer as articulated through the policies and procedures for such incidents.”
WHO TO CALL CCI’s Workplace consulting can help your business develop codes of conduct and performance management policies as well as conduct workplace investigations and safety audits. Call (08) 9365 7746 or email erconsulting@cciwa.com today.
“Seek some external advice if you don’t have capacity to do an investigation or if you want to demonstrate impartiality” matter is being taken seriously by the employer and outcomes would be more readily accepted. “You also need to give the perpetrator the right of reply and maybe a support person during an interview. “If you don’t do these things, you may receive an unfair dismissal or general protections claim against you if they can establish that the dismissal was not fair or based on a discriminatory ground.” Edwardes also says don’t hesitate to contact the police if the situation is serious enough — but that doesn’t mean that you should
MITIGATE RISK One of the best ways to mitigate the risks of violence and aggression in the workplace, particularly for staff who are public facing, is training. Edwardes says training is always necessary: “Firstly, you need to train people from the start of employment to set the ground rules. Teach them how you expect them to behave and what policies they’re expected to adhere to in order to provide a safe workplace and protect themselves.
CCI’s General Manager of Workplace Consutling Warren Edwardes
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KNOW THE TRAUMA Staff at a WA charity take a client-centred approach to dealing with violence and aggression at work ROBYN MOLLOY
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t Bartholomew’s House CEO John Berger doesn’t beat around the bush when it comes to violence and aggression in the workplace — it’s a daily issue faced by employees and clients at the charity, which assists people experiencing homelessness and who are in crisis. But he’s happy to share what goes on behind closed doors to show how this workplace manages both staff and clients. Berger says St Bart’s is developing its capacity and ability to be ‘trauma informed’: “To some extent, trauma-informed practice is about changing the way we perceive the people we work alongside. “Trauma-informed care does not focus on people’s problems. Instead, we aim to meet people where they are at, understanding that something may have happened in their past. “This does not excuse people for their behaviour but it’s important that we ensure people learn and become accountable for their actions.” St Bart’s supports up to 500 people every night in some form of accommodation and through a range of programs, with 150 housed at its facility in East Perth. Its 160 staff work shifts across a range of accommodation facilities from
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crisis care and transitional accommodation and support to independent living and aged care. “Unfortunately, the potential for threatening behaviour is a reality,” he says. “But our trauma-informed practice means that we can recognise that behaviour is often driven as a result of past experiences of trauma. “We’ve had to take steps to make the workplace as safe as it can be — but it is not going to protect you from potential incidents. We also have a process where we try to help people work through an incident, which helps create a better sense of safety in the longer term.
project them into a cycle of harm. “However, never write people off. There are extraordinary and very positive outcomes for some of our clients, who go on to have very productive and much happier lives. Our measurement and evaluation framework demonstrates this outcome.” Berger explains there’s no place for disrespect, with St Bart’s approach always trying to teach people how to manage their behaviour better, which will help them when they leave the service. “If we fall into the trap of just reacting and responding, then there is only one way for this to go — and that is it escalates. We don’t want an environment where we have to manage escalation all the time, so what we have to work
“Unfortunately, the potential for threatening behaviour is a reality” “It’s all about working with individuals. A lot of these people have come out of crisis, are traumatised and present with a whole range of behaviours, so it is quite a challenging environment. We ask them ‘what has happened to you’ rather than ‘what’s wrong with you’. “You’ve got to remember, we take people here straight out of prison sometimes. They have extraordinary histories. Being trauma-informed means we recognise that many of our clients have histories of childhood trauma — often out of their control — which has the potential to
on is the de-escalation process. It’s about being respectful and even when we say people have to go, it’s about drawing a line in the sand.” Incidents range from raised voices through to clients threatening others and staff, sometimes requiring police to remove them. However, staff are trained to pick up on potentially inflammatory behaviours early. “You can see when they are edgy and pacing — they are already building for potential for an incident,” accommodation services manager Tina Merry explains.
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“You might get clients shouting at each other or a resident becomes impatient and might become verbally abusive — does some fist slamming or a bit of window punching. And then they can escalate to the very worst where a resident will arm himself and become really quite threatening. “I wouldn’t say it’s a rare event, it’s not every day. But it’s more often than we would like to see.”
ACCOUNTABILITY FOR BEHAVIOUR John Berger says the organisation does take an ‘accountability line’ to behaviour and staff know when they need to call police. “What we tolerate is what happens — so if we tolerate too much, too much happens. It’s a balancing act and it’s about balancing the safety of other individuals within our services as much as it is about balancing the safety of our staff. “All the basic things like communication, having dual staff, are built into the model. “But one of the things I think is about deescalating and helping people to come and learn is the process we use as part of our traumainformed practice of post-incident discussions.” St Bart’s uses a restorative justice model, where clients are encouraged to ‘own’ their behaviour. “We have a resident who had been with us a little while. He’s doing okay but relapsed with his drug use. “When he came back, he was really unpleasant and aggressive to other residents but staff were able to de-escalate the situation. It wasn’t necessary to call police or exit him,”
Tina Merry explains: “We find if you build really good relationships with people, they will tell you what’s going on. He said various things had gone wrong: he’d relapsed and his mum had relapsed and he reacted to another resident. He admitted it was awful and said he felt terrible. “We point out that the other person is also traumatised, so it builds empathy and they can admit they were terrible. The staff talk people
through so they understand their triggers and we put some strategies in place if they face it again. So they can think about what they can do differently and how they can be supported. “We find that has been working really well because it’s not unusual for a guy to come and apologise for his behaviour.” She says incidents are managed at the time and followed up the next day with a > p22
RESPECT COUNTS TINA’S STORY I went into a meeting with someone I felt very unsafe with. It was just off-site and I had a mobile phone in my hand, thinking I’d need to call 000. But that actually caused the situation to escalate because he said to me: “Don’t you trust me, don’t you feel safe with me, why have you brought a mobile phone?” I said, “Can we agree that I don’t need it” and he said “Absolutely”. That deescalated it. Sometimes when you look like you’re scared or you are anticipating something will happen, that’s when people react. So, if you have that trust, it’s better. JOHN’S STORY I think it was my second or third week when we had someone who became extremely abusive, threatening residents and staff. There were two police vans out the front and six or seven police officers trying to subdue this person and basically evict him because he had transgressed all the rules. It was not safe. He tried to break in later that night. He wanted to come back. So, we had to call the police again and they held him overnight. About a month or two later, he wanted to come and speak to us. He came in and wanted to apologise for all that he had done. He also started singing our praises for the work we do. He said he had hit rock bottom that day but had sorted out his life, got a place to live, got himself back into a job and couldn’t thank us for the work we had done. It’s a reminder that despite how people present, we have got to be firm while still seeking to engage with them. Obviously, that wasn’t his time but he made the effort to come back and actually thank us. While at the time, I wouldn’t have said that was a successful exit, our actions caused him to reflect and make positive choices. It’s all about accountability.
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St Bart’s CEO John Berger.
> semi-formal meeting to discuss broken rules
and consequences, such as being on a warning. The model is used in prisons and has been used by St Bart’s for many years but with greater emphasis in the past six months. “It fits in with our trauma-informed response, which is just understanding that bad things happen to good people and they come with a lot of trauma. A one-strike-and-you’re-out response is generally not going to resolve it and, in fact, heightens it,” she says.
PLANNING John Berger says St Bart’s clients appreciate a second chance and the restorative justice approach makes the workplace safer. “It doesn’t protect you from incidents, or people getting upset but it does help people understand what impact they are having and giving them a chance to behave differently,” he says. “Part of the process is developing crisis management plans for people. When they are okay, we have a discussion of the triggers when things are going wrong. We have an agreement from them upfront so that when they get to that space, we can remind them and talk about the crisis management plan. “They are the things you can do that actually protect staff more than just having a mobile phone on you, working in pairs and all of that. It’s about the human relationship and how you manage relationships. “People still have accountability and they have to take responsibility for their actions as well as the consequences. But it’s about learning from their experiences as well. That holistic approach means you create a much safer work environment.
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“I know dealing with aggression is a challenging aspect of any workplace, but it is about the culture and the ability to work with people despite their behaviour.”
situation and circumstance to the point where you might have to say ‘This is not the place for you’.”
COPING MECHANISM
TRAINING CONFRONTS ISSUE HEAD ON
Berger says it’s no surprise that the St Bart’s clients are violent and aggressive due to their circumstances and histories of trauma, as well as the influence of alcohol and drug abuse and mental health issues. “So, if it’s a deterioration in circumstances and the aggression is unfortunately the coping mechanism, it is a maladaptive coping mechanism and it is not knowing or having skills to manage it differently. “That’s why it’s important to self-reflect, understand the impact of the triggers and potentially behave differently next time. It doesn’t mean they get it right.” Clients go through a vigorous assessment process before being admitted, with very few refused, Tina Merry explains. “If somebody’s referral indicated they’ve had multiple incidences of aggression in a very recent period, we’d say ‘This may not be a good place for you to be at the moment’ and talk about the challenges of a shared living environment,” she says. “We need to understand which people would not be suited and try and find alternative pathways for them.” John Berger admits there is a small minority of people who have no empathy and no insight. “They’re the people who are most dangerous when it comes to violence because they will blow up and they have no empathy or understanding of the impact they are having. They are the ones most difficult to house in this context and you can see a build-up of
Staff are provided with peer-to-peer, on-the-job and mandatory training sessions such as suicide intervention, understanding behaviours, ‘swap meets’ where staff talk about similar situations, what worked, what didn’t, as well as professional development. When involved in a violent or aggressive incident, they have access to an employee assistance program, vicarious trauma training and support from staff. “It can be very traumatic, especially if it results in somebody being hurt,” Merry says. “It can take its toll and we encourage staff to be really honest about their own limitations. “So, if something has happened and they’re not comfortable going into a similar situation again, they can tell their line manager. We also have a fairly open culture of telling us about other staff members if they don’t think someone is travelling well.” While St Bart’s may not seem the most appealing place to work, John Berger says the greater challenge is retaining staff due to insecurity of funding, which is a sector-wide issue. “The one-to-one work and how we work is very rewarding for staff but there are economic realities for staff such as mortgages or rent, so they need permanent employment,” he says. “When it gets to the end of funding and there’s no indication from government it will be refunded, that’s when staff start looking for other jobs.”
VIOLENCE AND AGGRESSION
A high degree of safety Training and technology are being used to manage violence and aggression over large areas HAMISH HASTIE
A
lmost 39,000 students and more than 3500 staff studied, worked, played sport, ate and drank at Curtin University’s Bentley campus in 2016. Keeping the equivalent of a small city safe is a gargantuan task but the man in charge of this remains unfazed. Curtin University’s modest Operations and Maintenance Director Graham Arndt attributes a strong team and clever use of technology as the reason for 90 per cent of students saying they always felt safe on campus. Arndt says that, fortunately, they don’t have a lot of violence and aggression on campus despite the huge mix of staff, students and visiting members of the public. But they are ready for incidents when they arrive. He says they use a combination of software, hard infrastructure like cameras and personal services like security escorts for staff and students who may be at the campus late at night. “We’ve developed an app called Safezone, which we try and get everybody to load onto their phone,” Arndt says. “Safezone can be used for an assistance call, an emergency call or just an ordinary help-type call. We also use it to notify students of incidents on campus. “In the background, we have another system called Omniguard and that tracks where our security officers are. On a map it shows where the person pressed the call, so immediately the nearest security officer can go directly to that point. “That gives a pretty instant response, which is a detractor — people don’t want to get caught if they’re doing silly things.” Arndt says a lot of their software and apps feed into the services they provide like the campus courtesy bus and the Curtin Access Bus Service that drops students off in the suburbs surrounding the campus. If you are acting violent or aggressive on the Bentley Campus, chances are you’re being watched and security will be joining you shortly. Arndt says they have more than 2500 CCTV
cameras and even the security officers have body-worn cameras linked into the same system. “If they’re out patrolling, they can put a camera on and that gives you a close up of the situation,” he says. “We also have assistance points dotted all over the campus so people can just run to it and push a button and it will go straight to campus security.” Arndt says their blend of measures means they address violence and aggression proactively. “The app gives them security in their own hand, the buses give them safe travel to and from the campus or even within the campus and our security team ensures we can respond quickly and efficiently to any incident,” he says. Curtin also takes a zero-tolerance approach to sexual harassment and assault and its Safer Community Team is tasked with ensuring every complaint or report is acted on.
MCS Security CEO Paul Simmons.
understanding more than brute force to calm a situation. This skill comes with extensive training. “The violent situations are usually as a result of alcohol or other substance intake,” he says. “The aggressive encounters could range and cover a multitude of areas, such as a dispute over a car park spot, pushing in front of a queue, a dispute with a retailer over a purchase. Anything can trigger this kind of encounter. “The majority of incidents are quelled very quickly and we have not had any major injuries to our staff when dealing with such incidents. “This could be due the fact we invest in training our staff and we always look for a staff member who can calm situations down and use common sense. “Responding to incidents with empathy always helps to defuse a situation and, in the majority of cases, stops the incident escalating.” In incidents that do turn violent, particularly
“Curtin’s Safer Community Team is tasked with ensuring every complaint or report is acted on” A recent Curtin University student survey revealed 21 per cent of students had been sexually harassed in a university setting and less than 1per cent said they had been sexually assaulted. These findings prompted the university to fully adopt the recommendations of the Change the course: National report on sexual assault and sexual harassment at Australian universities, produced by the Australian Human Rights Commission last year.
FRONTLINE SECURITY The frequently perpetuated image of a burley bouncer getting his kicks roughing up drunkards does a disservice to the volatile situations security guards can find themselves in as well as the rigorous training they undergo to deal with them. Paul Simmons’ security company MCS Services covers shopping centres and sporting venues across WA and he says his front-line staff often have to deal with aggressive or violent situations. He says his staff use their words and
with people affected by drugs or alcohol, MCS’s staff follow procedure. “If the incident does turn violent, then our staff will remove the person from the public and detain them until police arrive,” he says. “The swift method of removal is to ensure safety of the public and safety of the person being detained.” Simmons says his company uses a dedicated training and development manager and trains staff on such subjects as ‘verbal judo’, handling aggressive persons and dealing with drug/ alcohol-effected people. “It is a way of using words to maintain mental and emotional safety by bringing down the stress levels and commencing communication, thus de-escalating any potential threat,” he says. Like many frontline organisations in both the public and private sectors, Simmons also recognises the benefits of body cameras. “Once an aggrieved or aggressive person is advised his/her action and words are being recorded, nine times out of 10 the incident ceases.”
APRIL 2018 BUSINESS PULSE 23
VIOLENCE AND AGGRESSION
No workplace is immune from violent and aggressive incidents, though some are more prone than others ROBYN MOLLOY
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hese firsthand accounts reveal that violence and aggression can occur anywhere — but perhaps not in the workplaces you’d expect to find it.
RESEARCH When a relationship between two male employees turned to ‘abhorrent’ allegations, threatening messages and aggressive language, it dragged the morale of an entire workplace down, says a HR manager dealing with the problem. Ben, a HR manager with experience across multiple industries over several decades, says not even he was equipped to deal with the problem. “We had someone who we think was going through some personal issues and maybe mental health issues, who two years ago actually made some pretty heinous, unsubstantiated allegations about another staff member,” he recalls.
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“We interviewed people he named as being witness to a situation and all of them said it wasn’t true. “He couldn’t substantiate anything. After some discussions with myself, senior management and the person, it came out that he wanted the other person gone because they weren’t getting along.
“They are team mates but hadn’t spoken for many months and had stopped passing information to each other,” he said. “It looked like he was trying to bully the management team into getting rid of a colleague he didn’t like. It was totally the wrong way to go about it. “We’d tried everything, had long discussions with him and other staff. In the end, we called in a mediator and said if you can’t end the deadlock, someone will have to leave — as at the end of the day, we have to get the job done.
“Even though you have years of experience, it doesn’t mean you deal with everything that comes along” “It’s really difficult to manage because you don’t know exactly what’s going on with that person because they are not opening up — they are paranoid.” Ben says bringing in a mediator helped turn the relationship around, especially when it became clear that we had tried everything and someone’s job would be on the line if things didn’t change.
“I felt really inadequate and fearful that I couldn’t get a resolution. But I learnt that even though you have years of experience, it doesn’t mean you deal with everything that comes along and it’s okay to reach out and get an external professional to help you because we were baffled. “We really found the outside expertise was the way to go. Don’t think that just because you are experienced, you can fix everything.”
VIOLENCE AND AGGRESSION some residents could no longer be managed at home due to their violent outbursts. He says it could take six to 12 months to understand why a person is aggressive, and likened it to a jigsaw puzzle with the pieces involving mental health, medications, medical conditions and other issues. “Someone can be violent and aggressive and 18 months later, when all the issues have been worked through, be an entirely different person,” he says.
SALES Sandra cowered in her boss’s office while two of her co-workers exchanged heated words, accusing each other of stealing clients. Their shouting and finger pointing was too much to bear. Her boss said not to worry and that they’d sort it out. But it reminded Sandra of her childhood in an abusive home. The employees involved in the exchange — both high performing sales people — remained in the workplace. Sandra sought counselling then left the business.
SERVICE
CONSTRUCTION A senior executive from a global construction company with a Perth office says he can only recall one incidence of violence between two tradies in his two decades with the company. He says the company places a strong focus on mental health and site managers always maintain close contact with workers. While mental health issues have understandably increased in recent years due to job insecurity and pressure placed on workers to provide for their families, it has rarely played out on site. “There are strict protocols around behaviour,” he says.
AGED CARE A senior executive of an aged care facility says one of the main reasons for violence and aggression in aged care was due to the fact that
Melissa was working in a fast food restaurant. It was busy and the chef was not coping. He was shouting at waitresses and moving around aggressively. Everyone was doing their best to keep up with the orders and stay out of his way. The chef asked for a glass of water so Melissa got one each for herself and the chef. Standing at the counter, Melissa made a joke about the chef and how busy it was in an attempt to lighten the mood. The chef stared at her, angry at her comment and banged his glass down on the counter. Unfortunately, Melissa, in that split second went to take a sip of water. Their glasses crashed together and Melissa’s tooth was chipped in the process. She cried and ran from the restaurant, the chef saying “it was an accident” as she fled out the door, only returning to hear an apology from the chef.
MEDICAL Dominic is the manager of a busy podiatrist practice. He says there is a disturbing increase in the incidence of violence and aggression between patients and their family member carers. Many are requesting morning appointments to avoid the symptoms of ‘sundowning’, when people with dementia
are more aggressive and verbally abusive in the afternoon. He has been witness to many family members being abused by family in their care. The abuse includes shouting, accusations, threats or harm and death threats. “It’s awkward all around — no more so than for the carer who needs to bring the family member in for treatment. It’s also difficult for other patients and our staff when people are getting agitated. “We’ve had to provide staff with strategies for dealing with aggressive behaviours. But it’s much harder in person than in theory because the person with dementia is unaware of their behaviours.”
SPORT CEO of the South Sydney Rabbitohs NRL team Blake Solly says that despite the nature of the game, violent and aggressive displays off the field are rare as the players are well behaved and the sport is highly regulated. “It’s interesting. One of the great things about rugby league is that the aggression and violence takes place on the field,” he says. “Before the game or when they leave the field, the players are often genuinely good friends with their teammates and their opponents. “One of the things I’ve always respected about our players and rugby league players in general is their ability to understand the boundaries. They can be so aggressive, so courageous and so physical on the field but off the field they are fine, fantastic members of the community. “They do a huge amount of work in schools, hospitals and for charity so they are the perfect balance between a football field workplace, which is aggressive, courageous and physical and off it are wonderful ambassadors for the sport and the community.” Solly says rugby league is one of the most highly regulated professions in the country. “Look at the NRL’s rules around player welfare and wellbeing — just use a small example of something like concussion testing and how strictly those rules are enforced. We have really strong rules on the field — and our rules internally are often just as strong. He says there a very few incidents off the field: “And again that speaks volumes to the character of the players and how good and how well they understand the boundaries.”
APRIL 2018 BUSINESS PULSE 25
VIOLENCE AND AGGRESSION
Violence by aged care patients
‘NOT OK’
Robust systems are needed to ensure staff in aged care facilities are safe from patients who become violent or aggressive ROBYN MOLLOY
W
orkplace aggression and violence is ‘never okay’, even when the perpetrators are unaware of their actions due to diminished mental capacity. Almost a third of all lost time injuries in residential aged care facilities over the past five years was due to violence and aggression, prompting WorkSafe to get on the front foot and carry out inspections of WA facilities.
Senior Inspector Kath Jones says the campaign coincided with WorkSafe Victoria’s ‘It’s Never OK’ campaign, created in response to 95 per cent of healthcare workers reporting they had experienced verbal and physical abuse at work. In addition, she says there has been ‘quite a big increase’ in the number of assaults on personal carers in WA due to increases in dementia, Alzheimer’s and younger people with issues leading to violence. “We have this belief that people in aged care are frail but there are some ones that aren’t so frail,” she says.
CATHOLIC HOMES Aged care provider Catholic Homes Executive Manager for Residential Care Julie Smith says even though there will always be violence and aggression towards staff, it is never acceptable not to report it. She says the violence and aggression happens ‘on occasion’ and is usually verbal if it involves family of a resident and verbal or physical if it’s a resident, due to cognitive impairment from either mental health of dementia. “It is often the only way they can communicate their needs and this is why we need to do individualised case studies to see why this behaviour is happening,” Smith says. She says it takes time to identify what triggers the behaviour, evaluate the resident and implement effective strategies. “It is never acceptable not to report it as the organisation won’t be addressing the triggers and supporting the residents and staff,” she says. Steps taken to ensure the safety of staff including training, support staff from senior clinical staff, monitoring incidents, identifying triggers and resolving them. “We don’t ignore behaviours when reported,” she says.
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“Carers are relatively high up there in the numbers. It doesn’t matter if it’s accidental. If there is an injury risk, it needs to be managed. We’ve used a whole bunch of words that don’t tend to be used in aged care. Aggression is one of them. They don’t like the word aggression. They prefer ‘challenging behaviours’ because of the clientele they have. “This campaign is as much about educating them, just like every other workplace, even though they have special clients. Family members do feature in the assault data we see in aged care facilities because they get very angry with
VIOLENCE AND AGGRESSION
AMANA LIVING
the carers and they can grab people and say, ‘My mum’s fallen can you help?’” Jones says WorkSafe has been randomly selecting from the more than 200 aged care facilities across WA, with many of them never previously visited by WorkSafe, after targeting community aged and disability services last year.
CCI’s Workplace Consulting General Manager Warren Edwardes says workplace assessments are imperative, even when staff work away from the main workplace. “There’s always anecdotal evidence and case law to say if you have a staff member who works away from their actual general workplace, that is still regarded as their general workplace. And
“This campaign is as much about educating them, just like every other workplace, even though they have special clients.” “With the current project, where we are going into aged care facilities, there has been quite a lot of compliance action already taken. “Employers often think the person has got dementia and they can’t do anything about it. But they can. There are things that can be done in terms of training of staff and communication.“ WorkSafe released a new health care investigation checklist in February to help with investigations of incidents involving clients, residents or visitors. “That’s our biggest area of non compliance at the moment because when there has been an incident, they are not investigating it by considering all the factors,” Jones says. “They say the person has got dementia, the person is drug alcohol affected — end of story. They are not looking at a lot of the other issues surrounding it and they need to do a proper risk assessment of a workplace.”
if it’s not in the physical location where the head office is, you need to go out and assess the workplaces,” he says. “There’s cases where labour hire companies are held liable just because they’ve provided labour to another employer but didn’t go out and assess how that employer provides a safe workplace. “If you don’t go out and do the check, you will be liable for it. Some of these people can be independent contractors, in which case they are responsible themselves. But if they’re deemed to be an employee, you need to go out and assess where they’re working and whether it is safe. “For example, if it’s a one-on-one and you have a patient who is difficult, perhaps you need to provide two people. So, if one person gets hurt when you should’ve been providing two people to that premises, that’s going to be a problem.”
Amana Living CEO Stephanie Buckland says there is an industrywide rise in violence and aggression towards staff due to people entering residential care centres later in life and needing higher levels of care as well as more people living in the community who need support. Aggressive behaviour from residents can range from verbal, grabbing staff members’ arms to punching or kicking when assisting residents with their activities of daily living. WorkSafe inspected four of the aged care provider’s residential centres as part of its campaign into violence and aggression in the aged care industry to better understand the not-for-profits policies and procedures, training, risk assessment and investigations. Buckland says even if a client has diminished responsibility, it is never ok for staff to accept violence and aggression as part of the job and the not-for-profit has strong policies and procedures in place to ensure early reporting of any incident. “We have a strong reporting culture and staff are required to keep a record of any changes they observe in a resident’s behaviour. This means we can respond quickly and make any necessary adjustments to treatment plans.” Ensuring staff safety starts from induction and includes reviewing residents to ensure they are receiving the appropriate care as well as having chaplains available for support and resilience training. “Each site works closely with our in-house dementia specialist, plus external doctors and gerontologists, to make sure treatment plans are monitored and updated to mitigate any issues,” Buckland says. “What’s more, we have positive relationships with our residents’ families which means our service managers can have open conversations with them about their loved one and discuss any behavioural changes. “We also set clear expectations about acceptable behaviour when residents move into our care centres.”
APRIL 2018 BUSINESS PULSE 27
DESPATCH BOX
Violence at work must cease Worker safety is vital to a viable and growing business sector says Workplace and Deregulation Minister Craig Laundy
E
nsuring Australian workers come home from work safely each day is a major priority for me and my portfolio. Work-based accidents and incidents can cause enormous damage to those directly affected, not to mention the significant costs to the economy. While state and territory governments are mainly responsible for work health and safety issues, the Commonwealth takes the lead when it is appropriate, through agencies such as the Office of the Federal Safety Commissioner and the Australian Building and Construction Commission. According to Safe Work Australia, the reported incidence of workplace violence has increased. Unfortunately, drug and alcohol abuse is one driver of this increase. Alcohol use is estimated to be responsible for up to 5 per cent of workplace deaths and 11 per cent of workplace injuries. Alcohol and Drug Foundation statistics show alcohol and drug use costs Australian workplaces an estimated $6 billion a year in lost productivity with one in 10 workers saying they have suffered from a co-worker’s misuse of alcohol. Employers have a duty of care to ensure the health and safety of workers and other persons as far as is reasonably practicable by eliminating or minimising exposure to work place violence. Workplace violence is a work health and safety risk that needs a proactive, preventative and systemic risk management approach.
Working in my family hotel business before I entered politics gave me an appreciation of the responsibility governments, employers, unions and employees share in addressing issues that impact on workplace safety like violence and aggression and alcohol and drug use. For me, nowhere was this more apparent than working in a pub. The Government is focused on encouraging best practice in high-risk industries, like the building and construction industry to reduce the risks posed by drug and alcohol consumption.
alcohol and drug testing on Commonwealthfunded project sites. This includes how they will respond to positive tests, including provision of counselling and disciplinary action. Restrictions on the use of alcohol and illicit drugs enforced by mandatory testing have been in place in the road, rail, maritime transport and mining industries for many years. We’re reviewing the effectiveness of the work health and safety regulatory framework in preventing the top three causes of fatalities in the building and construction industry.
“Alcohol use is estimated to be responsible for up to 5 per cent of workplace deaths and 11 per cent of workplace injuries” Not only is an alcohol or drug affected worker at risk to themselves, but also to their co-workers and others at the workplace — particularly in high risk industries like the construction industry where hazards include heavy machinery, mobile equipment, congested sites and working at height. Re-establishing the Australian Building and Construction Commission and introducing the Code for the Tendering and Performance of Building Work will help more than one million workers and around 350,000 small businesses in the construction industry that rely on cooperative, productive workplaces by driving cultural change. The Building Code requires companies that want to perform Commonwealth-funded building work to establish clear policies around random
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We are working with the states and territories, unions and employer groups through Safe Work Australia on improved workplace health and safety arrangements. Finally, Safe Work Australia is playing its part by providing resources to help address workplace violence, including a free psychosocial risk assessment tool to help organisations identify, manage and evaluate injury prevention and management interventions. The safety of Australia’s workforce is paramount, to individuals, to families, to companies and to a prosperous nation. Craig Laundy is the Federal Minister for Small and Family Businesses, the Workplace and Deregulation.
MEMBER MESSAGE
Fighting domestic violence What can employers do in the campaign against domestic violence?
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amily and domestic violence has both a moral and financial dimension for employers. First is the shocking reality that one third of all Australian women have experienced physical and/or sexual violence perpetrated by someone known to them. One in five over 18 has been stalked, and a woman is killed every week by a current or former partner. About a quarter of all children are exposed to this violence. The entire Australian community should respond to this situation any way it can, and that also invites leadership from the business community which has a social investment in safe communities, productive workplaces and general appeal as a good corporate citizen. Second is the fact that family and domestic violence can impact your bottom line. Violence against women is estimated to cost the Australian economy $21.7 billion each year, as it reduces an employee’s ability to perform in their job. And one in five women experience harassment in the workplace. Employees understand these things, and 94 per cent of workers believe that employers should take a leadership role in educating their workforce about respectful relationships between men and women.
WHAT CAN WORKPLACES DO? Employers can make sure their staff are aware of internal workplace support services as well as the external services available to them. Managers should be equipped to appropriately respond to disclosures of violence through relevant training. It’s important that disclosures are responded to in a supportive and appropriate way. Managers and colleagues do not have to know all the answers.
It is also helpful for managers to know the possible warning signs of family and domestic violence, but also understanding that victims are more likely to be silent. Some victims are men. Violence can occur in many forms: emotional, psychological, physical, sexual, financial and via technology, such as texting or social media. Victims often feel isolated from supports and feel shame, so it’s important they know a workplace is approachable if they come forward to talk about an incident or sustained experience.
“One third of all Australian women have experienced physical and/or sexual violence perpetrated by someone known to them” When this happens, it’s important that workplace response is to believe the person, assure them it’s not their fault and to listen without judgment. Being supportive and encouraging, ask if they need help or referral and suggest some options. A great starting point is calling 1800 RESPECT or accessing www.1800respect.org.au, which is well-resourced and has 24-hour phone help and online chat. Managers could offer to go with the person if they choose a supportive service and should keep in touch to see how they are going.
ADDITIONAL WORKPLACE SUPPORT If a colleague is experiencing stalking at work, such as phone calls or a partner loitering near the business premises, employers might consider providing taxi vouchers, escorting the victim to their car after work and flexible work arrangements. These might include a temporary change to a work location, a change in work pattern or changes to their work phone or email address. Managers and colleagues supporting a fellow worker may themselves feel distressed and overwhelmed after a disclosure, so it’s advisable for a workplace to include a process for them too. This might include debriefing with a senior staff member or seeking counselling from the Employee Assistance Program.
ANGLICARE WA TRAINING Anglicare WA is currently developing workplace training packages in line with White Ribbon workplace accreditation. These will be available later this year. For more information, call Brian Greig on 9263 2039 or brian.greig@anglicarewa.org.au Kate Jeffries is the practice development and strategy manager for mental health, family violence and justice) at Anglicare WA.
APRIL 2018 BUSINESS PULSE 29
DESPATCH BOX
Prevention script could be the remedy for health budget With a budget of nearly $9 billion, WA’s public health system is big business — but it’s gearing up to stop budget blowouts, says Health Minister Roger Cook
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s with all businesses, the health system needs to review the way it operates to ensure it provides efficient, effective and sustainable services for the people it serves — the Western Australian community. The health budget has more than doubled over the past decade — increasing from 24.9 per cent of the State Budget in 2009 to 30 per cent last year. If we don’t do something to change the way we operate, the health budget will consume nearly 38 per cent of our State Budget by 2026. Unfortunately, while health costs in WA have more than doubled, health outcomes have not improved at the same rate — an unacceptable result for any business. Our health services must become more efficient and effective, which means progressing
towards a digital health system, focusing on reducing waste and encouraging innovative practice. In June 2017, the State Government launched the Sustainable Health Review to put the health budget on a more sustainable footing and prioritise the delivery of patient-centred, high quality and financially sustainable health care across the state. Underpinned by a comprehensive public consultation program, this review provides Western Australians with the unique opportunity to help shape the future of their health system. The response thus far has been impressive. In seven months we received more than 300 written submissions and feedback from 19 metropolitan and regional forums. This consultation has informed the Sustainable Health Review Interim Report, launched in February, which makes some significant observations about the realities of our health system today.
have a very strong foundation to build on for a more sustainable future. However, our system — like many others around the world — is focused on treatment rather than keeping people healthy. Despite the acknowledgement from consumers and clinicians alike for a stronger focus on prevention, it receives only 2.7 per cent of health budget. The Interim Report identified 12 preliminary directions, nine recommendations for immediate action and a range of areas for further work. Overarching themes include: enhancing care in the community and keeping people out of hospital; increasing our focus on prevention and promotion; and prioritising collaboration and partnerships with staff, consumers, health providers, Aboriginal community-controlled providers, the Commonwealth and other agencies. Innovative workforce and funding models need to be implemented and we need to make better
“If we don’t do something to change the way we operate, the health budget will consume nearly 38 per cent of our State Budget by 2026” The message that comes across loud and clear is that what is required for the sustainability of the WA health system now goes beyond buildings. Consultations to date have consistently shown us that we need to look at the whole of society and the whole person, and all the factors that contribute to a healthier life, rather than focus solely on patients and hospitals. We have also recognised that many people acknowledge the need for change and recognise that for every decision made about health services or treatments, there is a cost impact that can’t be ignored. WA has excellent healthcare facilities and more than 44,000 skilled staff — so we
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use of technology and innovation. A few of the recommendations for immediate action include the Department of Health taking an active leadership role in preventative health and expanding the use of telehealth technology. The Interim Report and public submissions are now available on the Sustainable Health Review website at ww2.health.wa.gov.au/ sustainablehealthreview We want to hear from consumers, carers and staff, and we encourage everyone to participate in one of the many opportunities for feedback that will be provided in the coming months. A final report of the Sustainable Health Review will be released in November 2018. Don’t miss your opportunity to have your say in the future direction of the WA health system. Roger Cook is the Deputy Premier, Minister for Health and Mental Health.
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Modern workplace needs new IR system Our national employment regulation model needs to keep pace with unprecedented change to ensure jobs stay in the country, argues the ACCI
HAMISH HASTIE
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ustralia’s global competitiveness is threatened by an employment regulation model that is becoming increasingly irrelevant, according to the Australian Chamber of Commerce and Industry. In its recent submission to the Senate Select Committee on the future of work and workers in Australia, ACCI has advocated for a more flexible workplace relations system in the face of unprecedented disruption. ACCI implored the committee to have a constructive and mature discussion on the issue: “To approach the ‘future of work’ as a divisive, political, industrial relations debate anchored around a 100-year-old system … would do all Australians a significant and lasting disservice”. As a ‘high-skill, high-wage’ nation, Australia was vulnerable to losing jobs offshore to countries where skill levels are rising but wages are lower, the submission said. It was extremely important that policy settings enabled competitiveness so there was a clear value for multinationals to invest and do business in Australia. This could be achieved in areas like education, trading hours and taxation but — most importantly — in the way people are employed in Australia.
SHIFTING DEMOGRAPHICS ACCI’s submission detailed the growing demand for flexible working arrangements stemming from changing worker demographics and expectations. The ageing population was one of the biggest
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drivers of change. To support work opportunities for older Australians, there would need to be a variety of different work opportunities to meet changing needs. “This does not mean a person should have a statutory right to hours of their choosing within the context of a traditional employment relationship or the creation of some other ‘industrial solution’,” the submission said. The solution should involve creating a broad range of options in which people could participate in paid work whether through casual, part-time or fixed-term work, self-employment or through third-party facilitators, such as employment agencies. “More avenues into work, and more flexible options suited to the range of needs and preferences of a more diverse workforce will best equip Australia to deliver work to that more diverse workforce,” ACCI said.
permanent form of employment.” ACCI said this suggested a ‘one-size-fits-all’ model of employment regulation was becoming less suited to the needs of a modern workplace. “These trends also bring into question the relevance of the rigid, one-size-fits-all employment regulation, which has its genesis from a 100-year-old system built for an era where working environments were fixed and largely dominated by men working full-time permanent jobs,” it said. “Policy settings must enable businesses to successfully respond and adapt to their changing workforce, and the changing demands of their workforce in a dynamic way. “Our success in accommodating and facilitating this dynamic accommodation and growth will go a long way to determining the future for doing business and for working in Australia in decades to come.”
NEW EMPLOYMENT MODELS
WHAT AUSTRALIA NEEDS
The gig economy and freelancing have been rapidly evolving and becoming more popular, ACCI said. Technological advancements resulting in companies like Uber and Shofer were offering new income streams to workers — a trend that would only increase in future. “Greater economic security may be achieved by diversifying sources of income via self-employment, contracting or by working in a combination of ways for more than one person or business — sometimes at the same time,” it said. “Indeed, a ‘portfolio’ of income streams may, in future, provide greater security than working for the one employer in a traditional,
ACCI’s submission called for smarter labour market policies, not knee-jerk reactions, to ensure Australia’s competitiveness in the future. The current regulatory framework surrounding employment was complex and daunting. Further regulation was not the answer. “Employing businesses are obliged to comply with the legal obligations that are imposed on them by a detailed and complex web of statues including, but not limited to, the Fair Work Act, state-based work health and safety laws and workers’ compensation laws, federal and state anti-discrimination laws, superannuation laws, taxation laws and the Migration Act,” it said.
FUTURE OF WORK “Integrated compliance solutions would be more readily supported by a less complex system where workplace relations regulation is contained in fewer sources. “Employers (and employees) should not have to navigate lengthy documents to understand their rights and obligations.” The employment safety net also needed flexibility to deal with changing markets and technologies. “This cannot entail simply grafting on more regulation and restrictions on what we already have — which is a phonebook-sized Act of such complexity as to be completely unfathomable to most employers and employees,” it said. “The Australian Chamber’s view remains that if the workplace relations system was simplified and streamlined, it would support higher levels of compliance, and would be better placed to do so in the context of changes in how Australians work. “The role of the Fair Work Ombudsman can also transform. Its current educative function would become less necessary over time and it would become primarily concerned with compliance and enforcement, ensuring a level playing field.” This flexibility needed to extend to workplace agreements to encourage market-based wage and conditions. “Policy settings should support an environment in which parties are free to negotiate arrangements of mutual benefit, underpinned by an appropriate safety net, which facilitates the structuring of work arrangements in the most efficient and productive manner feasible,” it said. ACCI also wanted it to be easier for businesses to self regulate for culture, which is currently difficult to achieve given constraints in the Fair Work Act that sometimes lead to perverse dismissal outcomes. “Under today’s unfair dismissal regime, employers are compensating and having to reinstate employees who have bullied, threatened, harassed and assaulted their colleagues in some circumstances,” it said. “This puts the safety of others in the workplace at serious risk and sends a terrible message to the victims of this behaviour and the rest of the workforce.” Laws around industrial disputes also needed to change. Industrial action was being used as a weapon and could have a profoundly negative impact on the culture of a workplace. “The Australian Chamber has previously advocated for amendments to the Fair Work Act to provide that the Fair Work Commission must not grant a protected action ballot order if satisfied that the applicant’s claims are manifestly excessive, having regard to the conditions at the workplace and the industry in which the employer operates; or would have a significant adverse impact on productivity at the workplace,” it said.
The Senate established the Select Committee on the Future of Work and Workers in October last year to inquire and report on the impact of technological and other changes on the future of work and workers in Australia. Submissions have closed and the committee will report on or before June 21.
WHO TO CALL Got a question about wages and awards? Contact CCI’s Employee Relations Advice Centre on (08) 9365 7660 or advice@cciwa.com.
EVENT – IR Conference The way we work is changing, the gig economy is expanding and Australia’s employment law framework is struggling to keep pace. Join us as we tackle the question — what will this mean for the future of work? Bringing together a variety of speakers, the 2018 CCI IR Conference will provide holistic insights into the implications of a rapidly changing workforce, as well as the legislative challenges at a local and national level. Visit cciwa.com/events
Gig worker ‘rules’ prompts warning
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CI has warned efforts to bring gig economy workers under WA’s industrial relations system run against the tide of the global economy and will only reduce our state’s competitiveness by undermining our capacity to innovate and grow. The warning follows reports that the State Government’s ongoing review of WA’s IR system is looking at gig economy working conditions and whether workers could be brought under the state system, as suggested in its submission to the Federal Senate Inquiry into the future of work. This would apply to app developers like Uber, Airtasker and Deliveroo. CCI CEO Chris Rodwell says the gig economy represents a significant opportunity for the WA economy and our community. “It gives our people the freedom to choose when they work, flexibility to top up incomes and bridge to new employment, and opportunities to reduce the costs of goods and services,” he says. “Too often governments think of innovation in terms of how they will spend taxpayer money picking winners, and fail to realise that the most important building block to innovation and economic growth is to reduce the regulatory burden. “If the State Government moves to enforce onerous regulation it sends a message that the State is not open to new approaches to business. “WA already lacks scale when it comes to innovation. Our start-up community is underweight on both a national and
international basis, and such a decision would exacerbate the problem rather than remedy it.” CCI’s submission to the Ministerial Review of the WA IR system recommends there should be no change to the definition of ‘employee’, and any considered change to the definition would need to be examined in its entirety and the full impacts of the change assessed. “Little consideration appears to have been given to the true impact of changing the definition of employee,” Rodwell says. “If this change proceeds, it won’t just disrupt the business models of online platforms, it would also have the potential to capture domestic workers such as gardeners, household cleaners, babysitters and home carers. “This would potentially turn private homes into workplaces, requiring them to comply with employment legislation, including workers compensation insurance, superannuation and workplace safety. “At the end of the resources construction boom thousands of West Australians that lost their jobs were able to continue to earn an income quickly thanks to the flexibility of the gig economy. Without the likes of Uber many thousands of people would have been without an income whatsoever. “CCI urges the Government to not pre-empt the reviews findings, and to instead undertake detailed and comprehensive consultation with business, and in particular, the new economy organisations that may be impacted, before a decision on any changes is made.”
APRIL 2018 BUSINESS PULSE 33
A
Q & CCI ADVICE
We’ve employed a person as a casual for about eight months. They work consistent shifts, but are paid casual loading in addition to their base rate of pay. The employee has just put in a request for paid sick leave, how should we deal with this?
The nature of casual employment is that there is no guarantee of ongoing work, shifts are offered at the employer’s choice and there is no obligation on the employee to accept. Casual employees receive a loading on their rate of pay in exchange for the entitlements that permanent employees usually receive, such as the guarantee of work and paid leave entitlements. However, if the employee has worked on a “consistent” basis for eight months, their status as a genuine casual employee comes into question. You should first consider whether you can guarantee this employee’s hours of work. Then you should consult with the employee, informing them that, as a casual employee, they currently do not have an entitlement to paid sick leave. But based on their hours, you are able to offer them permanent employment at the applicable rate for a permanent employee. The employee is under no obligation to accept or reject this offer. Some people may prefer the security of employment and paid leave entitlements that comes with permanency. Some may prefer the higher rate of pay and flexibility that comes with casual employment.
YOUR EMPLOYEE QUESTIONS ANSWERED
This is a timely question, as the Fair Work Commission has recently reviewed the modern awards. Now many contain a term which obliges employers to consult with casual employees regarding the conversion to permanent employment after six months.
WHO TO CALL If you would like more information, please contact CCI Workplace Consulting on (08) 9365 7746 or email erconsulting@cciwa.com
Megan has been approached by a staff member currently on parental leave. The employee is due to return in a few months and has requested to return on a part-time basis working shorter working days to coincide with school hours. The employee was full time immediately before going on parental leave. Megan wants to know if she must accommodate the request. Employees may request to return to work on a part-time basis and may also request flexible working arrangements in a range of situations. One of these includes where they are a parent and have responsibility for the care of a child who is of school age or younger. This is a right to request,
but not an absolute right to return on a part-time or a modified basis and will be incumbent on the business being able to accommodate the request. In order to request the part time and/or flexible working arrangements option, an employee must put their request to their employer in writing. The employer then has 21 days to respond in writing to the request. The response should confirm if the request is accepted or denied. Detailed reasons for the denial should be included in a written response. Refusal of such a request must be based on reasonably business grounds, which are outlined in the Fair Work Act 2009. Some of these considerations include: • if the change would be too costly for the employer • if it would be impractical to change the working arrangements of others or recruit new employees to accommodate the request • if the new working arrangements would be likely to result in a significant loss in efficiency or productivity • the changes would be likely to have a significant negative impact on customer services.
WHO TO CALL If you would like more information, please contact CCI’s Employee Relations Advice Centre on (08) 9365 7660 or advice@cciwa.com for FREE*, professional employee relations and human resources advice. *FREE as part of most CCIWA membership packages.
If you have a question for one of CCI’s experts, email editor@cciwa.com
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CCI ADVICE
Outsourcing: in or out? There are a number of things to consider when deciding if outsourcing is appropriate for your businesses. Kendall Scott, manager of CCI’s Employee Relations Advice Centre, gives some tips KENDALL SCOTT
W
ith the WA economy showing signs of recovery, business owners are now looking to rebuild their workforces and focus on innovation. In order to remain competitive, one key consideration for many businesses is whether to in-source or outsource work — or to continue outsourcing as a cost-cutting measure. In-sourced work functions are performed within an organisation — that is, employing staff directly to perform work. In-sourcing will typically see existing resources used for specific projects or work functions. Outsourcing involves engaging the services of an external organisation not associated with the company to complete work tasks. Both have their benefits. The move to outsource work functions is a very personal one that will suit particular businesses and organisational models.
THE PROS Outsourcing non-core work functions can offer a competitive edge that allows business to get ahead in a world that demands responsiveness and agility. It allows companies to focus energy and resourcing on their core offering, with peripheral tasks taken care of at a fraction of the cost by experts in that field. So, there is both a financial benefit and a strategic benefit.
Outsourcing can be particularly attractive for businesses wanting to acquire a unique skill set that is difficult to source in the market. It can be a rapid way of securing specific knowledge and experience without the need to grow the skills in-house or undertake a lengthy recruitment process and pay a premium for hard-to-come-by expertise.
“Outsourcing can be particularly attractive for businesses wanting to acquire a unique skill set that is difficult to source” THE CONS Outsourcing presents some challenges. It removes the ability to oversee work, have a direct line of contact and manage accordingly if standards and productivity levels are not as desired. Oversight of the efficiency and quality of work performed is removed to some extent. Businesses need to weigh up the cost benefit with the lack of control over quality and productivity when considering transition to an outsourcing model. Depending on the work function being outsourced, there may be additional
considerations, such as control over intellectual property and client lists, when utilising and external provider.
THE VERDICT? By and large, for small to medium enterprises, outsourcing ancillary functions can be a cost-effective strategy that provides the competitive advantage required to grow market share. Where the decision to outsource is made, it will be important to undertake research and ensure a provider is sourced that meets the needs of the business.
FREE* HR AND ER ADVICE CCI members can enjoy the benefit of specialised employee relations capability through services provided by the Employee Relations Advice Centre and Workplace Consulting teams. Need a little extra HR support or specialised industrial relations help? Talk to our team for more information on how we can support your business. For more information, please contact our Membership team on 1300 422 492 or our Employee Relations Advice Centre team on (08) 9365 7660 or advice@cciwa.com *Unlimited access to the Employee Relations Advice Centre team comes as part of most membership packages. Workplace Consulting services are offered on a fee-for-service basis, discounted for CCI membership.
APRIL 2018 BUSINESS PULSE 35
CCI ADVICE
The ‘fun’ starts after the party’s over Employers can be legally responsible for inappropriate staff conduct after a work-organised event. But the risk can be well managed AARON DOCKERY
W
ork functions can be an enjoyable time to engage with colleagues, share a laugh and celebrate the organisation’s achievements. Unfortunately, if they are poorly managed they can produce grievances that often result in litigation. Alcohol and drugs can fuel aggression and violence in these situations and prevent people from acting rationally. Careful planning and education play a critical part in reducing the likelihood of issues and litigation arising. But it’s not just the work function itself that employers need to be mindful of when it comes to liability. Employer responsibility can extend well beyond a work organised event where a connection to employment can be established. Here we explore the extent of employer liability in relation to employee out-of-hours conduct and ways to mitigate risk.
LINK TO EMPLOYMENT? A number of recent cases focusing on the causal link between employment and out-of-hours conduct by staff for matters — including workers compensation, sexual harassment claims and workplace bullying complaints — have found the employer liable. In most of these cases, the inappropriate behaviour has occurred after a work-organised event. A connection to employment may exist in the following examples, which is not an exhaustive list: • The employer/supervisor or person in a position of authority in the company has encouraged employees to attend/participate in an out-of-hours activity. • The company is funding the activity or contributing to the cost in some way (for example, contributing to prizes, catering or covering a bar tab). • There has been a failure to communicate a clear end time to the work function. • The company has booked and/or paid for accommodation and the conduct in question occurs while staying in the accommodation. Where all reasonable steps have been taken to prevent incidents from occurring but a connection may be established, the company may avoid being held liable. Each situation is different. However, there are three steps
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organisations can employ to manage the risk: consideration, preparation and education.
CONSIDERATION Before encouraging, funding or organising an event, think about: • Function location: for example, if the function is near a body of water, perhaps consider making the event alcohol free. • Attendees: are minors allowed, and how will their access to alcohol be monitored? • Alcohol provision: ensure food comes out early, alcohol availability is limited and balanced by sufficient amounts of food. Have non-alcoholic alternatives available. • Activities: make the focus on activities at the event rather than drinking. • Supervision: ensure at least one responsible person is keeping an eye on proceedings, able to monitor behaviour and alcohol consumption and deal with issues as they arise. • End time: communicate a clear closing time to differentiate between the work event and any subsequent events. • Getting home: consider offering a shuttle bus or taxi vouchers.
PREPARATION When organising out-of-hours activities with staff, preparation in the management of risks can save a lot of headaches. Consider the following: • Set the ground rules and parameters. A good place to start is company policy and
procedure. Policies should be current, thorough and define expected standards of behaviour, highlighting what is acceptable and what isn’t. The potential consequences for breaching any policies should also be made clear. • Ensure venue management is briefed on expectations. Any planned limitations on alcohol consumption should be discussed with the event co-ordinator/venue management prior to the event.
EDUCATION Another key step to mitigating risk is making certain all parties are aware of company protocol and standards both during and after such events. This can be executed through: • Refresher training for all staff on relevant company policies and procedures • Providing specialised training to management who will be supervising the event, and providing all managers and supervisors with on-going training on their duties, obligations and potential to be held personally or vicariously liable • A reminder of the end time of the event to all staff a day or two beforehand.
WHO TO CALL Need template policies for an up-coming work function? Or like to know more about this topic? Please contact CCI’s Employee Relations Advice Centre on (08) 9365 7660 or advice@cciwa.com for more information.
CCI ADVICE
Employer criticised for not meeting drug test standard
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he Fair Work Commission has criticised a mining company for not complying with an Australian Standard for urine drug testing. The criticism came during a hearing in which a former employee of MMG Australia Ltd argued against his dismissal for failing a urine drug test. However, the commission found in favour of MMG Australia, which has a zero-tolerance policy to drug and alcohol breaches. The employee was terminated from his explosives-handling role in May last year after failing a preliminary urine test and subsequent laboratory test that identified cannabinoids in his system. The man admitted to smoking marijuana eight days before the drug test but argued MMG’s
testing process was not valid because it did not comply with the Australian and New Zealand Standard AS/NZS 4308:2008 (the Australian Standard) for drug testing, which the employer claimed to adhere to in its policies. He argued that failure to meet the standards meant the employer could not rely on the quality of the results. Commissioner Lee agreed that several aspects of the initial testing process did not meet the Australian Standard. “I am satisfied that the respondent has in a number of respects failed to comply with the Australian Standard for the collection and transport of the applicant’s urine sample,” he said. “A failure to comply with the Australian
Standard means that confidence in the testing process may not be ensured and the integrity of the testing process cannot be taken for granted.” However, the employee’s failure to follow MMG’s “lawful and reasonable direction to be free from illicit drugs” was the reason for his dismissal. “The reason is sound and defensible,” Commissioner Lee said.
WHO TO CALL For further information on drug testing in the workplace please contact CCI’s Employee Relations Advice Centre on 9365 7660 or advice@cciwa.com.
l be this Who wil er of the inn year’s w rs g Achieve n u o Y A W tt Print 2018 Sco nt and e Environm bility Sustaina ? Award ER
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JOHN SC OTT WITH 2017 WIN JAMES M NER CCARTHY , WAVE EN ERGY
UT FIND O AY 2018 AY 26 M SATURD
SCOTT PRINT ARE PROUD TO SUPPORT THE LOCAL COMMUNITY AND THE ENVIRONMENT, AND ARE DOING OUR BIT TO MAKE THE WORLD A BETTER PLACE. These awards are a great recognition of young people who have been going that extra mile - congratulations to all finalists, we can’t wait to find out the winner!
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APRIL 2018 BUSINESS PULSE 37
CCI ADVICE
Four ways to foolproof an investigation CCI’s Workplace Consulting team have been assisting more and more Members lately with workplace investigations RYAN MARTIN
I
f an investigation has not been carried out correctly, these complaints can easily get out of hand and lead to unfair dismissal or general protection claims. The process can cost businesses time and money they often cannot afford. There is plenty of case law available that gives us examples of how businesses get it wrong. The top four mistakes we see from employers when attempting to investigate a complaint include:
1. Ensure the process is fair It is not uncommon for the Fair Work Commission (FWC) to find that an employee has been unfairly dismissed due to inadequacies with an investigation process. If an investigation does not satisfy the requisite standard to afford the respondent procedural fairness, the FWC may conclude it is inadequate and find the dismissal unfair. Common processes often overlooked during an investigation that may result in a dismissal being unfair are: • Whether or not the respondent has been made aware of all complaints and allegations made against them with sufficient detail so they understand the nature of those allegations and are given an opportunity to respond • Whether witnesses have been interviewed to test any evidence given by a complainant • Whether there has been sufficient impartiality • Whether there has been unnecessary delay • Whether there have been other employees who have been treated in a similar fashion for a different result in the past. There are also FWC decisions where even though exceptional circumstances were acknowledged — such as a toxic environment that a business was acting to address — it is still likely to find the employees have the right to procedural fairness. It is important for employers to conduct a
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full investigation process which will include tasks such as: • Framing the allegations • Identifying and following any legal obligations and internal policies or procedures (including preparation of signed witness statements if required) • Interviewing relevant witnesses and investigating evidence. This must be put to the respondent to give them the opportunity to respond before finalising a report and taking any required action.
2. Ensure that process is thorough and consistent In White v Asciano [2015] FWC 7466, an employee was reinstated and awarded $25,000 for lost income after an investigation process was held to be flawed. This was despite there being evidence the employee had engaged in a safety breach. The employee, a train driver, was involved in an incident where he left his co-driver behind at a station after she said to him “I’m going to pee”. The employer’s investigation concluded that the employee had left his co-driver behind deliberately and that he had been recorded speeding multiple times during the journey. The FWC heard evidence that it was common practice for employees to use the on-board toilet while the train was moving and that the co-driver had done so on previous occasions. Critically, the investigation report quoted the co-driver as saying “I’m going to the toilet, don’t leave me”. Evidence revealed that someone had incorporated that wording, instead of “I’m going to pee”, to “convey the negative impression” that the employee had deliberately left his co-driver behind and the employer relied on this statement when terminating the employee. The FWC held that reliance on such a critical error, even if the error had been perfectly innocent, meant that the employer’s decision to dismiss the employee could not be allowed to stand. The FWC held the termination to be unfair and ordered reinstatement of the employee. This decision highlights the importance
of ensuring that any investigation process is thorough and the information gathered is accurate. Do not miss small details or put words in witnesses’ mouths.
3. Have a legitimate reason for investigating An investigation process should not be a witch hunt. It should be undertaken objectively with the sole purpose of finding out whether the alleged conduct has or has not occurred. Investigations should not be used as an avenue to find ways to terminate employees you no longer want in the organisation, but who have no performance management or conduct issues. Investigations should only be undertaken where there is a legitimate reason to do so.
4. Remain impartial There are also difficulties of remaining impartial and objective when conducting an investigation if you have a vested or emotional interest in the business or personal relationships with those involved. Further, it can be a daunting task to robustly and thoroughly investigate allegations made against a more senior employee within an organisation. It is also important that the ultimate decision maker is separated from the investigation process. If you aren’t certain you or someone else within the organisation can investigate a complaint impartially, then it should be done by an experienced external investigator. Investigations can be tricky business, and our team has experience in ensuring that they are conducted properly, or alternatively we have coached many members in the background in order to mitigate the risks associated with the investigation process.
WHO TO CALL Ryan Martin is the Manager of CCI’s Workplace Consulting. CCI has the largest team of employee relations specialists in WA and can be contacted on (08) 9365 7746 erconsulting@cciwa.com.
CCI ADVICE
‘Right of entry’ doesn’t mean open slather With almost 80 union officials facing charges, it might be time to consider worker safety when it comes to alleged union abuse and intimidation in workplaces BRETT DOUGLAS
W
hen Federal Member for Bonner Ross Vasta asked why it was important for union and employer organisations to always act in the best interests of their members, Defence Industry Minister Christopher Pyne aptly stated: “it’s a very serious question because employees around Australia should be able to feel safe when they go to work and go about their business every day, expecting to be able to do so free of abuse and free of being intimidated”. The issue was raised during question time on February 28 and Pyne was, of course, referring to another “recent” spate of reports related to union member violence against their own constituents — the workforce — this time at Glencore’s Oaky North coal mine in Queensland. But is it really fair to use the word “recent” in referring to reports of union violence or is “ongoing” more suitable? According to Pyne, there are currently 77 of CFMEU officials facing charges in court. Is “recent” the right word when we consider that it was only four years ago on March 5, 2014, that Scott Vink, then a CFMEU official, reportedly removed non CFMEU members’ lunches from the refrigerator at a Brisbane work site and whose behaviour was subsequently described as “sheer thuggery” by Federal Circuit Judge Salvator Vasta. Closer to home, and even more recently, the Fair Work Commission in a hearing before Deputy President Melanie Binet dismissed CFMEU organiser, Brad Upton’s, Right of Entry permit request after the Commission heard that he threatened to write the names of workers who had left the union on the backs of toilet doors. This was in addition to launching a verbal tirade against his fellow
workers whose only ‘crime’ was not being a member of the CFMEU. It is perhaps even more damning that someone who, according to Deputy President Binet, had a “pattern of repeated conduct” with respect to this type of behaviour, and lacked “genuine contrition”, and had a “propensity to engage in unlawful conduct”, is the type of character the CFMEU is putting forward as someone that should be entitled to a right of entry permit to your work site in the first place. Although, perhaps this unfortunate reality should be of no surprise when the outgoing national Deputy President of the CFMEU was none other than Joe Macdonald. A man who, upon reflecting on his colourful history, expressed his obvious remorse for having been named as the Respondent 18 times by the Australian Building and Construction Commission and reportedly having cost rank and file members of his union over $1 million dollars in penalties, stated that he would do “exactly the same thing” if he had his time again. There is simply not enough room here to list and describe the litany of reports of union callousness and corruption. The point to be made, is that despite the existence of rules surrounding right of entry permits, they are often not obeyed or exercised within the spirit of the law. When this happens, your business and your employees are negatively impacted. Pyne is right when he said your employees have a right to feel safe at their place of work and I’m sure employers would agree. If the applicable union is not protecting your workforce you should protect your workforce from the union official by making sure: 1. You are well informed of what rights that right of entry permit provides the union official; and 2. The union official complies and stays within the parameters set by that permit.
I spoke to a supervisor in an organisation recently about her experience dealing with United Voice and to United Voice’s credit, she said they were quite polite and respectful. However, she did also mention that once they were in the workplace, she did not “feel” like she had any control over what they did. This may not have been the fault of the United Voice officials who were just performing their duties, but, the reality is, each right of entry permit is for a discrete purpose and does not grant a union official unfettered access to your workplace or employees. It is ultimately helpful for both employers and employees to be informed of what union officials can and cannot do with that right of entry permit. Being informed enables you to ensure compliance with the rights that permit bestows. This is not to stop a union official from doing what they are rightfully entitled to do, but to ensure that they do not move beyond the scope of those rights. At CCIWA we can provide you with advice and information on right of entry rules. However, if you are not of the view that being informed is enough to ensure compliance, or you are dealing with a CFMEU official and he is telling your site manager that he does not want to deal “with a f-------- pen pusher”, then call us at CCIWA and we will attend your workplace and you can let the union official deal with the pen pushers here.
WHO TO CALL Brett Douglas is a Senior Consultant/ Associate at CCI’s Workplace Consulting. Need advice on an issue that’s impacting your business? Talk to one of our consultants now on (08) 9365 7746 or email erconsulting@cciwa.com.
APRIL 2018 BUSINESS PULSE 39
BUSINESS NEWS
Most business not prepared for new data breach law
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new report has found that many Australian businesses aren’t prepared for a legal obligation that requires them to report data breaches. Australian Small Business and Family Enterprise Ombudsman Kate Carnell has urged small businesses to prepare for the new data breach notification law, which carries significant financial penalties for non compliance. The Privacy Amendment (Notifiable Data Breaches) Act 2017, passed by both houses of Parliament in February 2017, established a Notifiable Data Breaches scheme which came into effect on February 22. The scheme requires organisations covered by the Australian Privacy Act 1988 to inform the Australian Information Commissioner and members of the public if it believes or is aware that its data has been compromised. Throughout 2017, Australian organisations were urged to put a spotlight on cyber
security and to step up their capabilities. “Small businesses can’t afford not to understand what the new laws mean to them,” Carnell she says. “With penalties of up to $360,000 for individuals and $1.8 million for organisations, the impact of a breach on a small business is devastating.” The HP Australia IT Security Study found that almost half of Australian small and medium businesses with an annual turnover of more than $3 million do not consider themselves to be prepared for the Australia’s new data breach notification law. Just 51 per cent of respondents said they had developed, or were in the process of developing, an IT security policy to ensure their compliance. HP surveyed 528 Australian small and medium businesses with 10 to 99 employees across the services, production, retail and hospitality, health and education, and distribution industries.
The research aimed to uncover Australian SMBs’ approach to IT security, including policies, procedures and risk management as well as exploring their preparedness for the new data breach notification laws. The HP Australia study found that 57 per cent of small and medium businesses admitted to not undertaking any sort of IT security risk assessment in the last 12 months, despite a series of high profile breaches during that time. Over half of the respondents also flagged ‘employee carelessness’ as a significant security threat to their business, with concerns over not just the behaviour of staff when outside the office, but external threats such as visual hacking. Despite this, less than half of respondents (44 per cent) have an IT security policy in place for employees that bring a personal device to work. Only 37 per cent of respondents restrict the data that can be accessed from that device.
Have your say on FIFO ‘healthy workplaces’
New recruit for CCI’s Workplace Consulting
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C
he Department of Mines, Industry Regulation and Safety (DMIRS) is seeking feedback on a draft code of practice for mentally healthy workplaces in WA’s fly-in fly-out sectors. Development of the code follows findings and recommendations of a standing committee inquiry into the impact of FIFO work practices on mental health. The inquiry, undertaken by the Legislative Assembly Education and Health Standing Committee, estimated the prevalence of mental health issues among WA FIFO workers at about 30 per cent — 10 per cent higher than the national average. The code is designed for those who have functions or responsibilities to manage exposure, as far as practicable, to psychosocial hazards and factors at workplaces through: • implementation of appropriate controls • strategies and programs for intervention, recovery and promotion of wellbeing and • monitoring and review. Although specifically covering FIFO work arrangements, the code may also be a useful source of information for residential and other long-distance commuting arrangements. Submissions on the draft code close April 19. A draft copy of the code of practice as well as details on how to make a submission are available on the DMIRS website.
CI’s Workplace Consulting arm has welcomed its newest solicitor Brett Douglas, who has worked at two WA commercial law firms assisting in dispute resolution, commercial litigation, estate planning, insolvency and extensive practice in employee and workplace relations issues. He has represented and provided legal advice to clients at the Fair Work Commission, WA Industrial Relations Commission and the State Administrative Tribunal. Workplace Consulting Manager Ryan Martin says Brett is a great addition to the team. “With a strong background in dispute resolution and representing clients, Brett will be an asset to both the Workplace Consulting team and our Members in helping them to resolve employment disputes” CCI’s Workplace Consulting team is the state’s biggest and most experienced in workplace relations matters and provides tailored legal solutions in: • enterprise bargaining • employee relations • unfair dismissal and general management plans protections claims • contracts of employment • underpayment claims and individual flexibility • dispute resolution arrangements • workplace bullying • strategic planning • right of entry • employee relations training.
WHO TO CALL Need help understanding your obligations when it comes to the mental health of your staff? Talk to one of our ER advisers now — CCI’s Employee Relations Advice Centre is a free service in most CCI membership packages.
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WHO TO CALL Need advice on an issue that’s impacting your business? Talk to one of our consultants now on (08) 9365 7746 or email erconsulting@cciwa.com.
Five simple steps to make the most of your retirement AustralianSuper’s Paul Schroder talks about the five simple steps you can take now to help you make the most of your future. Having a retirement plan is important for each and every one of us. And it’s not as difficult as it seems. There are five easy steps that you may consider taking: › Choose a fund you trust that has lower costs and better investment earnings* › Consolidate your super in one account › Contribute as much as you can** › Check your insurance to make sure you have the right level of cover › Continue with your fund in retirement.
Setting yourself for retirement
Start building your super savings Even small savings today means you could have more for retirement down the road. To make the most of additional money paid into super, it’s best to think about not just how much, but also how you contribute – before or after tax. For some people Transition to Retirement (TTR) can be a great way to grow their super savings while they’re still working. Once you reach your preservation age you could: › Access your super early › Potentially save tax if you are over 60, and › Grow your super.
These five Cs are a simple way to help people to be in a strong financial position going into retirement.
TTR strategies can be complex and it’s a good idea to speak to a financial adviser to see if it is right for you.
It will allow you to set financial goals that are specific, measurable, and achievable.
Manage your retirement income
Writing down these goals, and regularly referring back to them, will allow you to track your progress and have a better understanding of your financial profile. When drawing up your goals, ask yourself the following questions: What will I need to live on in retirement? Consider how long you might need your retirement savings to last. With current life expectancies, and depending on when you retire, your retirement income could need to last 20 years or longer. How much super will I need? Whatever your retirement plans, you’ll need money put away to meet your daily expenses, as well as any unexpected costs. How much you actually need will also depend on any outstanding debts you might have. Will I receive a Government Age Pension? Find out if you’re eligible for the Age Pension – but don’t rely on it as your sole income as government policies can change. Instead, consider using your super to top up any Age Pension for which you may be eligible.
When you’ve reached the age when you can use your super and have either permanently retired or changed jobs after turning 60, you can access your super as: › A regular income › A one off lump sum, or › A combination of the above. And don’t forget – before making any big decisions about accessing your super, it’s always a good idea to seek help or advice. Paul is the Group Executive of Engagement, Advocacy and Brand at Australia’s largest superannuation fund, AustralianSuper, and has 20 years’ experience in the financial services sector.
About AustralianSuper AustralianSuper is a profit-for-member organisation and manages more than $100 billion of members’ assets on behalf of more than 2 million members from across 220,000 businesses. One in 10 working Australians is a member of AustralianSuper – the nation’s largest super fund.
This information may be general financial advice which doesn’t take into account your personal objectives, situation or needs. Before making a decision about AustralianSuper, you should think about your financial requirements and refer to the relevant Product Disclosure Statement. AustralianSuper Pty Ltd ABN 94 006 457 987, AFSL 233788, Trustee of AustralianSuper ABN 65 714 394 898. * Investment returns are not guaranteed. Past performance is not a reliable indicator of future returns. ** You should consider your debt levels before adding to your super. APRIL 2018 BUSINESS PULSE 41
TRAINING
Call for training award nominations If you know of an employer, apprentice or trainee who has made an outstanding contribution, you’re invited to nominate them for the WA Training Awards
T
he awards recognise outstanding achievements of apprentices, trainees and vocational students as well as contributions made by trainers, training organisations and employers. The WA Employer of the Year category is again being sponsored by Apprenticeship Support Australia, which is powered by CCI. In 2017, McDonalds Australia took out the Employer of the Year category while Apprenticeship Support Australia client Roy Hill was acknowledged as a finalist in the category. Kim Dick from Roy Hill took out the WA Aboriginal and Torres Strait Islander Student of the Year, while Benjamin Rowe, employed by
Apprenticeship Support Australia client Claas Harvest Centre in Geraldton, was awarded the WA School Based Apprentice of the Year. WA Apprentice of the Year went to Jamie Stewart, employed by Apprenticeship Support Australia client WA Carpentry Contractors in Perth. Apprenticeship Support Australia WA General Manager Nathan Bentley said Apprenticeship Support Australia had signed up almost 62,000 people over the past five years into apprenticeships and traineeships across the state. More than 40,400 apprentices and trainees over the same period have completed their qualifications while learning on the job.
Education and Training Minister Sue Ellery said training was the key to getting a better job and securing better pay. “Training can change lives,” she said. “As jobs change and diversify, it is important to showcase the success stories of vocational pathways across a range of sectors and recognise the hard work of those in the industry. I encourage those in the training sector to apply.” Applications close on May 4. Are you an outstanding employer of apprentices and trainees? Put your business in the spotlight and apply for this year’s WA Training Awards.
Road trip with a training consultant
J
oin the adventures of Apprenticeship Support Australia’s regional Industry Training Consultants as they cross some of the state’s most unforgiving landscapes to help connect businesses with their future workforces.
SARAH MAGUIRE, BUNBURY I’ve been with Apprenticeship Support Australia for eight years and work as the Bunbury Industry Training Consultant/Mentor. I work with one other Industry Training Consultant and between the two of us we cover the whole south west. I love going to work every day. My job requires visiting a range of businesses from hairdressers to mining companies to sign-up apprentices and trainees. One of my favourite qualifications to sign-up is the Certificate III in Harvesting and Haulage. Forestry is a very big industry down here because we’ve got the Bunbury port where they
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export blue gums, pine trees and hard wood. There is also wood that goes to a smelter where they extract silicone from it. I’ve recently signed up trainees for Wilson Yornup Services and Softwood Logging. Because of the nature of their businesses we have to go out in the middle of the pine plantations. That can be all over the south west and sometimes requires a full day in the car. Quite often you’re driving on forestry roads that don’t have any sign posts so we have to go out with a person from the company. I’m amazed they actually remember how to get around all these places. We could be way over one side in Bridgetown and then pop out in Manjimup or Nannup. Connecting businesses with
new apprentices and trainees in remote locations is one of the best parts of my job. If we broke down I’d never be able to find my way back, I love it though. The remoteness does have its challenges and one of the hardest parts about my job is the internet coverage. We use online government forms to easily collect all the contract information. These are great, but if wifi or internet coverage is poor, this can be a challenge to ensure our sign-up of an apprentice/trainee goes smoothly for our clients.
WHO TO CALL Apprenticeship Support Australia consultants are based all across WA, so no matter where your business is, our team can complete the sign-up of your apprentice/trainee in person at a time convenient for you. Contact the team today on 1300 363 831.
MASTER AND APPRENTICE
A cut off the old block
Bosses leave a positive and enduring impression on their apprentices that will set them up for life. Hairdresser Sarah Marie Morrison has paid it forward 20 times
THE MASTER
THE APPRENTICE
During her 27 years as a hairdresser, director of Salon Express Kwinana/ Albany Sarah Marie Morrison has trained more than 20 apprentices.
Evette Wallington is about to complete her third year as an apprentice hairdresser.
How did you start out in this field? I became a hairdresser as it was as close to being an artist. My first job was in a small local town and was not a pleasant experience. From that I found my second job working for my TAFE lecturer while still an apprentice and happily worked there until completion. Ian Turnbull was my second employer — an amazing person who fully supported me going for further education.
What do you do from day to day? On a day-to-day basis I do cleaning, sanitisation, all aspects of women’s and men’s hairdressing along with customer consultations.
How hard is it for them to adapt to your work practices when they have no experience? It can be very difficult. But we encourage individualism and independence. What’s the most important piece of advice you pass on? Practise and patience. If you really want this skill, like anything worthy in life, don’t give up when it gets difficult or scary. And always tell the truth — if you muck up, it can be easier to fix knowing where the problem first started. What have they taught you? There is never one pathway — and that’s what keeps it interesting. Also, patience. I have learned to slow down with my talking and explain things in several different ways. This allows me to think outside the box. What have they gone on to do after their training? Several who were successful in completing their contracts still work for me. Others have moved on to other salons or gone independent. The majority are all still hairdressers, I believe. The few who did not complete their contracts gave up on hairdressing altogether.
Why did you want to work in this field and how did you find out about the job? Hairdressing allows me to be creative and meet new people. Hairdressing keeps every day different and it’s hard to find myself bored. I came across my initial apprenticeship when it was advertised at another salon. I went in for a trial and commenced my apprenticeship. Part of the way through I moved an hour south and continued travelling to my then workplace. About half way through my apprenticeship my old boss asked in general conversation why I hadn’t transitioned to another salon that was closer to home. She suggested a few salons and made some calls. Then, one day I was sent in to my current salon before work to have a chat with the manager and I continued my training just a few weeks later. What do you enjoy about your training? Being able to build and expand new and old skills and techniques. Everyone does things differently and I’ve learnt quite a variety of ways to do things along with tips and tricks to make things easier and more comfortable. What are your career aspirations? One day I would like to have my own salon with a successful clientele and to also be able to make a positive impact on people, their hair and community organisations associated with the industry. How important are your trainers/bosses? Without my bosses and trainers, I wouldn’t have a job, a career path or any idea what I am doing. YouTube cannot teach you everything there is to know and there is a whole world of knowledge about the industry that your bosses and trainers guide you towards. What is the best piece of advice they’ve given you? I was once told to “step back from your master piece whether it be a haircut, a hair up or a colour. You can easily find yourself in a bubble and can easily get too involved in your bubble that you won’t see the entire picture”.
CONSULTANTS LOCATED IN
14 REGIONS
AROUND WA
OWNED AND OPERATED BY CCI FOR
20 YEARS
IN 2017 APPRENTICESHIP SUPPORT AUSTRALIA: SUPPORTED
23,417
APPRENTICES AND TRAINEES
WORKED WITH
5283
BUSINESSES
Apprenticeship Support Australia are proud supporters of our Masters and Apprentices/Trainees. Call us on 1300 363 831 today for all your apprenticeship and traineeship needs.
APRIL 2018 BUSINESS PULSE 43
BOOK LOOK
Top business reads this month you understand your individual style, there are mini-quizzes, questionnaires and tips to assist you to become a more productive worker. Extensive, accessible, friendly and backed by unprecedented statistical analysis, Great at Work will help you achieve more by working less.
ZERO HOUR
GREAT AT WORK
BY HARRY S DENT & ANDREW PANCHOLI Harry S. Dent predicted the populist wave that drove Brexit and the election of Donald Trump. Now in Zero Hour, he and Andrew Pancholi offer the definitive guide to protect your investments and prosper in the age of anti-globalist backlash. You’ll learn why the most-hyped technologies of recent years (selfdriving cars, artificial intelligence and virtual reality) won’t pay off until the 2030s, why you’d be a fool to invest in China and why you should invest in healthcare rather than real estate. Zero Hour will help you turn the upheaval ahead to your advantage so your family can be prepared and protected.
BY MORTEN HANSEN Why do some people perform better at work than others? Morten Hansen provides a practical guide to individual performance based on analysis from an exhaustive, groundbreaking study. Hansen claims his ‘seven work-smarter practices’ can be applied by anyone looking to maximise their time and performance. Each practice is highlighted by inspiring stories from individuals in his comprehensive study. Each chapter contains questions and key insights that allow you to assess your own performance as well as figure out your work strengths and weaknesses. Once
WIN BIGLY
THE CULTURE CODE BY DANIEL COYLE In The Culture Code, Daniel Coyle goes inside some of the most effective organisations in the world and reveals their secrets. Combining cutting-edge science, on-the-ground insight and practical ideas for action, The Culture Code is a groundbreaking exploration of how the
Gender pay gaps closing: report
A
ustralian employers that measure their gender pay gaps are making positive progress in closing gaps between women’s and men’s pay, with leadership accountability being the key ingredient, a new report had found. Research by the Bankwest Curtin Economics Centre and the Workplace Gender Equality Agency has found taking action to correct gender pay gaps is three times more effective when combined with reporting pay gap data to an organisation’s executive team or board. The report, Gender Equity Insights 2018: Inside Australia’s Gender Pay Gap, showed organisations that completed a pay gap audit and took action saw the pay packets of female top-tier managers boosted by $24,000 on average, while male top-tier manager salaries decreased by $4000. It also found more Australian employers than
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best groups operate that will change the way we think and work together.
ever are taking action to close gender pay gaps.
KEY FINDINGS: • More Australian employers are taking action against gender pay gaps. Employers undertaking a pay gap analysis increased from 24.0 per cent to 37.7 per cent between 2014 and 2017. • About half of reporting organisations that conducted a pay gap analysis took some action in light of the results. • Only about 1 in 4 organisations that undertook a pay gap analysis reported these results to the Executive. • Actions to correct gender pay gaps are three times more effective when combined with reporting to the executive or board with these organisations seeing an average reduction of 3.3 per cent in the gender pay gap in one year.
BY SCOTT ADAMS Adams goes beyond politics to look at persuasion tools that can work in any setting. He explains the secret tricks of the world’s greatest persuaders, giving readers what he calls “access to the admin passwords for human beings”. This is a worthy read if you care about persuading others in any field or if you just want to resist the tactics of emotional persuasion when used on you. All books are available at Boffins Books in the Perth CBD.
• Compared with organisations that took no action on pay equity, companies that report pay gaps to their Board and correct their like-for-like pay gaps have lower full-time managerial pay gaps: 9.7 percentage points lower for base salaries; 12.7 percentage points lower for total salaries. • Organisations that completed a pay gap audit and took action saw female top-tier managers pay boosted by $24,000 on average, while male top-tier manager salaries decreased by $4,000. • Almost two-thirds of organisations in the finance and insurance and mining sectors undertook a pay equity audit. This compares to around 20 per cent in the female-dominated health and education sectors. CCI is a member of CEOs for Gender Equity. For more information visit ceosforgenderequity.com.au.
ACHIEVEMENTS
Winners are grinners
CCI congratulates its winning Members on their outstanding achievements SUPPORTING DIVERSITY REAPS BENEFITS
AUSTRALIA DAY HONOURS Former group CEO of St John of God Health Care Dr Michael Stanford joined the Australia Day 2018 Honours List when he received a Member of the Order of Australia. He was awarded in the general division for significant service to the health sector through executive roles, to tertiary education, and in the community of Western Australia. Stanford said he was delighted and honoured to accept the award. St John of God Health Care Chairman Tony Howarth congratulated Stanford saying he had dedicated his life to the pursuit of excellence and served the organisations he had led with purpose, commitment and integrity to the benefit of countless Australians. “He is a most worthy recipient of an Order of Australia honour.” Dr Stanford’s career and contribution in the health sector spans more than 30 years and
he has tirelessly served the interests of the community during this time. He started at St John of God Health Care as Group CEO in 2002 and has been responsible for taking St John of God Health Care into a new era of healthcare. Most significantly, Dr Stanford oversaw the development and augmentation of significant social and community services at St John of God Health Care, which is now a major provider of services in disability, community mental healthcare, early childhood and early intervention for young people. His contribution to the fabric of community life was recognised in 2010 when he was awarded the Western Australia Citizen of the Year Award for Industry and Commerce. Stanford resigned from St John of God Health Care, finishing his tenure last month, to pursue a non-executive career. His replacement had not been announced.
‘NO ONE SHOULD BE HOMELESS’
Diverse workforces are proven to provide bottom line benefits to organisations, as well as improved problem solving, creativity and innovation. The City of Stirling has developed the Kaleidoscope Initiative to help newcomers find employment in their area of expertise and build the capacity of employers to reap the rewards of a diverse workforce. During Harmony Week last month the city organised a panel of international and national speakers in a series of events on the benefits of cultural diversity and inclusion in the workplace. It revealed how the Kaleidoscope Initiative is partnering with businesses to capitalise on diverse workforces. The events also featured the Commonwealth Bank’s General Manager of the Multicultural Community Banking Australia Huss Mustafa, who has had more than 40 years experience in the banking sector. To learn how your business can join this initiative visit www.kaleidoscopeinitiative.com.au.
With 10,000 West Australians homeless on any given night, a group of CEOs have come together to say ‘enough’. UnitingCareWest CEO Amanda Hunt, Ruah Community Services CEO Debra Zanella, St Bartholomew’s House CEO John Berger, Foundation Housing CEO Kathleen Gregory, Anglicare WA Executive Manager Mark Glasson and UWA Centre for Social Impact Director Paul Flatau are developing a 10-year plan to end homelessness in WA rather than finding ways to manage it. They facilitate the WA Alliance to End Homelessness, which has been digesting input from multiple stakeholders to sculpt it’s 10-year plan to end homelessness, which is set for release in April. CCI’s Strategic Accounts and Business Development Manager Ann Brinkamp and Business Development Associate Salma Ghoraba have attended workshops and provided input for the plan. To find out more visit endhomelessness.com.
If you have a winning story about your business or organisation you’d like to share, email editor@cciwa.com
APRIL 2018 BUSINESS PULSE 45
FIVE FIVE
Workplace incidents we’ll never forget
1
ROCK FEUDS When sibling rivalry boils into the workplace it can spell the end of successful careers. Take Liam and Noel Gallagher – members of the band Oasis – who wrestled it out backstage in an infamous incident one night in 2009, causing their Paris gig to be cancelled minutes before it was due to begin. Noel quit the band the next day and Oasis broke up, bringing the band’s reign on the charts to an end. It was the final straw in years of battles between the brothers, which still plays out on social media from time to time.
3 4
2 CLOBBERED The footy field turned into a danger zone when former Sydney Swan Barry Hall landed an infamous punch on West Coast Eagle Brent Staker in 2008. Hall was handed a seven-week suspension for the aggressive incident and his career ended three years later. Last year, Hall recalled the punch in a television interview with Staker by his side, saying ‘it could have been worse’. No one has forgotten the sickening king hit, described at the time as a punch that would make Rocky Balboa turn red. It wasn’t the first or last time Hall faced penalties for similar misdemeanours.
LOVE OVER AND OUT Not even politicians from the same side of the fence can avoid violence and aggression if the now famous ‘Rotto Rumble’ is anything to go boy. It was reported earlier this year the Liberal love-in turned sour when politicians John McGrath and Peter Collier became embroiled in a scrap — aggressive language turned physical when the pair ended up on the ground after a bit of chair shoving. McGrath later apologised to the party room for what he called ‘a storm in a tea cup’.
5
SLEDGING GETS PHYSICAL Australian cricket star David Warner had to be restrained when aggression boiled beyond the cricket ground to a stairwell in March. The Aussie vice-captain was retaliating to sledging by South African wicketkeeper Quinton de Kock as the teams made their way back to dressings room during a test match in Durban. Warner labelled de Kock’s comments about his wife ‘cowardly, vile and disgusting’. The 31-year-old was fined 75 per cent of his match fee, three demerit points and charged for bringing the game into disrepute.
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THIN ICE Who could forget villainess Tonya Harding’s plot on rival figure skating champion Nancy Kerrigan in 1994, and those cries from Kerrigan of ‘why me’. If it had slipped from mind, then the movie I, Tonya released last year pushed it front and centre again. The maiming of Kerrigan, who was clubbed in the knee by Harding’s friends at the Winter Olympics turned the image of the professional sport on its head. It wasn’t such a wholesome workplace for professional athletes after all.
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Super and your business Running a business can be demanding. So, it pays to have extra hands on your team – especially when it comes to your super. As Australia’s largest and most trusted super fund*, we work hard to keep super simple. Ongoing support from our dedicated team and access to a free clearing house† that allows you to pay all your employees’ super in a single click, gives you more time to focus on what matters to your business.
Register today at australiansuper.com/employer *Readers Digest Most Trusted Brand 2017 - Superannuation †QuickSuper is a registered trademark and a product owned and operated by Westpac Banking Corporation ABN 33 007 457 141. Westpac’s terms and conditions applicable to the QuickSuper service are available after your eligibility for the free clearing house service is assessed by AustralianSuper. A Product Disclosure Statement (PDS) is available from Westpac upon request. AustralianSuper doesn’t accept liability for any loss or damage caused by use of the QuickSuper service and doesn’t receive any commissions from Westpac if employers use this service. Before you decide if AustralianSuper is right for you, read the Product Disclosure Document available at australiansuper.com or by calling 1300 300 273. Investment returns are not guaranteed. AustralianSuper Pty Ltd ABN 94 006 457987, AFSL 233788, the Trustee of AustralianSuper ABN 65 714394 898.
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