What is happening in the world of HR for small businesses?
New Criminal Underpayment Laws
As of 1 January 2025, new criminal underpayment laws came into force. It is now a criminal offence to intentionally underpay the wages or entitlements owed to your employees. If your organisation is suspected of intentionally underpaying and subsequently investigated, found guilty and convicted, a court can impose a fine and/or prison time.
Small businesses cannot be referred for criminal prosecution if they can prove to the Fair Work Commission (FWC) that they’ve complied with the Voluntary Small Business Wage Compliance Code concerning underpayment. Small business employers will be assessed on several factors. Many of these are general good business practices and will already be known to compliant business owners. However, even if an employer has complied with the Code, civil penalties may apply, or compliance notices may be issued.
Cooperation agreements are also in place to protect businesses from criminal prosecution. These are written agreements between the employer and the FWC when the employer self-reports conduct that could be a criminal underpayment offence. Whilst an agreement is in place, the conduct summarised in the agreement cannot be referred for criminal prosecution, but civil enforcement options could still be considered.
If you need reassurance that you are paying your employees correctly, engaging our services can demonstrate compliance with the Code. So, don’t hesitate to contact the Strawberry Seed team so we can help you meet all your compliance obligations.
Substitution of Public Holidays
In Australia, the ability for employees to substitute public holidays depends on the specific workplace arrangements, the state or territory regulations, and the terms outlined in employment contracts, enterprise agreements, or modern awards. Generally, public holidays are set by federal, state, or territory laws, but some provisions allow flexibility for substitution in certain circumstances.
Substitution Through Workplace Agreements
Recent surveys indicate a significant portion of Australian workers prefer the option to work on Australia Day, January 26, due to personal beliefs regarding the date’s significance. A 2024 survey by job search engine Indeed found that 75% of Australian workers want the option to work on January 26 instead of observing it as a public holiday. Among those given this choice, approximately 58% have chosen to work on Australia Day and take another day off instead.
Under the Fair Work Act 2009, employers and employees can agree to substitute a public holiday for another day. This arrangement must be mutually agreed upon, documented in writing, and the employer must ensure that the employee is not disadvantaged compared to their entitlements under the law. Substitution agreements are often used in industries that require continuous operations, such as healthcare, hospitality, or transport. It can also allow employees to align their day off with other religious holidays.
State and Territory Regulations
Some states and territories, such as Queensland and Victoria, have additional provisions allowing the substitution of public holidays. For example, in Queensland, employers and employees can mutually agree to observe a public holiday on an alternative day, provided this does not contravene applicable industrial instruments or workplace laws. These substitutions can be particularly useful for businesses that operate across multiple jurisdictions or have diverse cultural or religious observances among their staff.
Modern Awards and Enterprise Agreements
Many modern awards and enterprise agreements explicitly outline the process for substituting public holidays. These agreements may allow substitution without requiring individual contracts, provided the change is reasonable and adheres to the terms set out in the agreement. Employers are encouraged to review the specific provisions of any applicable award or agreement before implementing substitutions.
Practical Considerations
When substituting a public holiday, employers should ensure transparency and fairness. Employees should be consulted, and their preferences should be taken into account. Additionally, the substitution must be documented clearly. Employers must also ensure compliance with any applicable state or federal laws, including provisions related to penalty rates and leave accruals.
Unsure of how this could work for your business? Reach out to the Strawberry Seed team for advice.
AI in the workplace
Small business owners in Australia who ignore the emergence of artificial intelligence (AI) risk falling behind in an increasingly competitive and technology-driven market. AI is no longer futuristic but a transformative force reshaping industries worldwide. Businesses that fail to adopt AI, risk becoming inefficient, less adaptable, and unable to meet their customers’ evolving expectations. Small companies that resist change may struggle to keep up in a landscape where larger competitors are leveraging AI to streamline operations and enhance customer experiences.
In our latest Strawberry Seed article, Chloe Knott explores the advantages and disadvantages of AI in the workplace.
From an HR perspective, there are many considerations that AI brings to the table that need to be addressed to ensure that business owners and people managers are not left behind. Join us for our first webinar of 2025, where we will discuss what employers should consider regarding AI in the workplace.
Key Topics will include:
- Understanding how your employees are using AI
- How to manage introducing AI to the workplace
- Dispelling myths and concerns some myths about AI
- AI policies and what to include
- Education of management and employees on AI
Click here to register for this webinar on Wednesday, 22nd January 2025, at 7.30 pm. If you cannot attend, register to receive a copy of the webinar via email after the session.
Upcoming Training and Development
Online Leadership Program
Lead with Impact: Grow Your Leadership Skills is launching in early 2025! This course is designed for leaders who want to enhance their self-management and team leadership skills, helping them thrive in today’s dynamic work environment. The online format will allow us to build and extend upon the content in the one-day in-person workshops, which we will continue to offer in Geelong, Sydney and Brisbane during the year.
Course Overview
Commencing on February 10th 2025, this five-month online leadership training course is delivered over five engaging modules. Each module combines self-paced learning, interactive group webinars, and optional follow-up sessions to solidify the learning experience. We’ve also incorporated the DISC assessment tool, which includes a one-on-one review session at the start of the course to personalise the insights you’ll gain about leadership style and communication.
Course Highlights
Self-Management: The initial modules focus on time management, personal boundaries, and defining your communication and leadership styles. With self-assessments like DISC, participants will build a clear understanding of themselves as leaders.
Team Leadership: Latter modules will guide you in creating cohesive teams, setting clear expectations, and developing skills for constructive feedback and difficult conversations. Special focus is given to managing a multigenerational workforce and handling performance issues clearly and confidently.
Upon completion, participants will receive a one-hour individual coaching session, further empowering their growth and professional impact.
More information
Registrations close on 31st January 2025, so don’t miss out. Please complete this registration form to register attendees.
Discounts are available for returning clients and partners, so contact our team for more information.
Leadership Training Workshops
We will continue to hold our one-day leadership training workshops in 2025 in Geelong, Brisbane and Sydney. We will also continue to deliver customised in-house workshops for a minimum of 6 attendees.
Click here to download a brochure or visit our Upcoming Training page for dates and details on how to book.
Mental Health First Aid
Mental Health First Aid training teaches practical first aid skills to help a team member or co-worker experiencing mental health issues. We’ll teach you how to approach someone struggling, ask the right questions and assist them in accessing professional help. In 2023, we delivered 13 courses nationwide, educating 128 people on Mental Health First Aid, including the whole team at Strawberry Seed.
Our Principal HR Advisor and Mental Health First Aid Instructor, Frances Orr, is an accredited MHFA trainer who has delivered public and in-house MHFA training for many clients since 2021.
In 2025, we will have several options for attending public and private in-house Mental Health First Aid training and Refresher courses available. Visit our Upcoming Training page for dates and details on how to book.
For more information on MHFA, contact mhfa@strawberryseed.com.au.
