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URGENT - End of Year Updates : Key News and Insights from Tradie HR - November 2023

"We help build dream teams" Tradie Human Resources
"We help build dream teams" Tradie Human Resources

Hey Legends!

At Tradie Human Resources, we understand the significance of staying informed in the dynamic Tradie and Construction industry. From regulatory changes to industry trends, these key insights empower you to make strategic decisions when navigating Staff Problems in any type of Construction Company.


As your trusted HR partner, we are committed to keeping you ahead. Navigate the evolving workplace with confidence, armed with the latest knowledge.

Here's to a year of informed choices and successful collaboration!


Apprenticeship Incentives - DON'T MISS OUT!

An apprentice cabinet maker completing his employment contract in Melbourne for a job by Tradie Human Resources
Jacob Signing his Apprenticeship Contract.

Have you paid wages to your apprentice between 1 Jan 2022 and 30 June 2023?

Apprenticeship BAC & CAC funding is coming to an end! 

If you haven't claimed your $28,000* by 31 December, you will miss out! 

Our collaboration partner is here to assist you, ensuring you don’t miss out on your cash.

Contact us for an introduction today and they will be in touch with you!


Do I Need to Pay for a Trial Shift?

Navigating unpaid work trials can be complex for employers. It's essential to understand the legalities to ensure fair treatment.

Here's a guide:

  1. Unpaid trials are legal when used to evaluate a candidate's skills for a specific role.

  2. Trials should only last as long as necessary to demonstrate required skills, whether it's an hour or a shift.

  3. The candidate must be under full, direct supervision by the potential employer during the entire trial.

Unlawful Trials: Unpaid trials may be unlawful if they exceed skill demonstration needs, involve tasks unrelated to the vacant position, or lack continuous direct supervision.

Employment Relationship Factors: Factors indicating an employment relationship include the nature and purpose of the arrangement, trial duration, and the significance of tasks to the business.

Example: If a candidate is asked to complete unsupervised tasks beyond skill demonstration during a trial shift, an employment relationship is likely. In this case, payment at the appropriate minimum rate is required.

Alternatives: Consider employing the person on a full-time, part-time, or casual basis for a short period to assess suitability. Dismissal with notice may be possible if they have been employed for less than 6 months (for larger businesses) or 12 months (for smaller businesses).

"If unsure about conducting work trials correctly, seek professional advice to ensure compliance with regulations. Navigating these situations with clarity and fairness is crucial for both employers and potential employees."


Is it Okay to Say NO if an Employee Asks for LSL?

Long service leave (LSL) is an entitlement for all employees, including casuals, earned after a certain period. Rules vary by state. While typically taken after 10 years, flexibility exists in some regions. Employees can accrue LSL during leave.

Can I Direct Employees to Take LSL? Employers typically have the authority to direct employees to take LSL, although this is subject to agreements or state regulations. However, the right to refuse such a request exists based on reasonable business grounds.

Carpenter workers on a construction site with Tradie Human Resources
Carpentry Crew Site Visit in Melbourne

Below are considerations for refusal:

  • Adjusting schedules might be impractical.

  • Redistributing tasks may burden other staff.

  • Hiring replacements might be impractical.

  • Substantial impact on projects or operations.

  • Significant disruption to customer service.

Refusal, however, should be substantiated with evidence supporting these reasonable business grounds. Moreover, consultation with the employee is essential to establish a suitable date for the leave, making the process fair and transparent. It's crucial for employers to be aware of and adhere to specific state or territory legislation governing long service leave. If uncertainties arise, call us and our team is ready to help.


Ending Employment Before it Starts

In a recent Fair Work Commission decision, the risks of relying solely on a contract commencement date for employment relationships were highlighted. Contrary to common belief, the ability to terminate an employee before the contract's start date faces complexities, as demonstrated in the case of Jack Turner v PipeCraft Plumbing Pty Ltd [2023] FWC 1819.

The Scenario: In April 2023, Jack Turner applied for a casual plumbing position at PipeCraft Plumbing Pty Ltd. After onboarding tasks and a set start date of April 18, 2023, including tool setup and document submissions, Turner declined an unpaid training session. Shortly after, PipeCraft withdrew the plumbing role, canceling sessions and removing his shifts.

Outcome: The Fair Work Commission (FWC) ruled in favor of Jack Turner, highlighting that "dismissal" surpasses contractual terms. Despite no actual work or pay, Turner's engagement in onboarding, tool activation, scheduled training, and managerial factors established an undeniable employment relationship. The FWC concluded that PipeCraft's withdrawal of the plumbing role amounted to a dismissal, underscoring the broader concept of ending the employment relationship.


Prepare to Work Safely in the Construction Industry (VIC)


This is an excellent opportunity for you and your team to acquire the necessary skills and knowledge to ensure safety on construction sites.

To make this opportunity from our training partner even more enticing, we are offering an introductory price of only $90 per person for anyone who books and pays in November through Tradie Human Resources.

Tradie Human Resources collaborating with Growth Training Group for White Card Construction Safety Courses
White Card Training - Growth Training Group

Don't worry if you cannot schedule the training in November, as the actual training dates can be scheduled for a later time.For group sessions, the standard price is $99 per person.

However, they are also providing the option of a 1:1 session for urgent bookings at a rate of $149 by appointment. 

For full details about the course, please click here and reach out to Bridie if you would like to book for the discounted rate!


Don't Wait until Sh*t Hits The Fan!

If you're ready to elevate your business with expert HR guidance tailored to your needs, we've got your back.

We look forward to helping you build a stronger, drama-free HR foundation for your business. Join us today and experience the benefits of professional HR support tailored to your business.

For any questions or if you need more information, please don't hesitate to reach out to our friendly team at Tradie Human Resources.

Wishing you continued success and less HR stress!

Chat Soon,

Boss Lady xx


Tradie Human Resources Pty Ltd (ABN 37 657 274 470) Melbourne, Australia


Disclaimer: The information presented in these articles is of a general nature and should not be considered a substitute for professional advice. If you are uncertain about how this information applies to your specific situation, we recommend you contact Tradie Human Resources for guidance.

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