McDonald Murholme: keep tabs on your overtime, Fair Work rules

Workplace law specialist McDonald Murholme is advising workers to keep tabs on the overtime they work.

McDonald Murholme senior associate Trent Hancock.

Workplace law specialist McDonald Murholme is advising workers to keep tabs on the overtime they work at this time of year, particularly with financial teams wrapping up reports, and for employers to ensure they abide by workplace regulations to pay staff.

A 2016 Australia Institute Centre for Future Work survey found full-time workers did 5.1 hours of unpaid overtime a week on average and part-time workers averaged 3.74 hours.

McDonald Murholme senior associate Trent Hancock says employers who get their staff to do additional hours must tread carefully and ensure they abide by the Fair Work Act to ensure hours are reasonable. An employee is within their rights to refuse to work unreasonable additional hours.

“The Fair Work Ombudsman recognises that overtime is characterised as working beyond the ordinary working hours, outside agreed number of hours and outside the spread of ordinary hours,” Hancock says.

“Any adverse action taken against an employee for refusing to work unreasonable additional work hours or making a complaint about them is a breach of the general protections provisions of the Fair Work Act.”

EYES WIDE SHUT

Recruitment firm Hays’s head of diversity Yvonne Smyth says it is heartening to see more organisations adopting blind recruitment, which involves omitting personally identifiable information such as name, sex, age and education during the application process.

Smyth says everyone has an unconscious bias, whether it is people relating to a name, a university or where the applicant lives.

“When it comes to any kind of selection at key points in careers, which could be recruitment, promotion, being put forward for a new project, even giving feedback, this can influence the shape of someone’s career and the opportunities they have,” Smyth says.

Despite calls for greater diversity, she says blind recruitment levels the playing field and mitigates bias, but it should be used carefully.

GREENER PASTURES

The Australian Institute of Management’s national salary survey has found 70 per cent of staff who leave move into similar roles at rival companies.

The annual survey found the top three reasons for leaving an organisation included seeking a new challenge, finding career advancement and development, and to secure a higher salary.

The institute says while salary plays a big role in a person’s decision to leave for greener pastures, companies can employ methods and tactics to prevent top talent from leaving.

AIM’s 2017 salary survey includes information on policies, workforce trends and salary forecasts. Details: www.aim.com.au.

DEVELOPMENT KEY

Information technology research and advisory company Gartner has found employers who offer skill and career development command greater loyalty from their staff.

Its global talent monitor has found development opportunities are a key reason people leave their roles, and if companies were to offer that more would stay.

Human resources advisory leader Aaron McEwan says workers are looking for new ways to thrive and grow professionally.

“They want to know that no matter where their career takes them, their skills will be relevant and in demand,” McEwan says. “Now is the time for employers to think about the smart ways they can engage their current workforce. One of their options is to provide a platform that enables them to accomplish their professional aspirations.”