MAUS H&S Planner WHS Harmonisation 2012 is now available!

Posted on April 10, 2012 by admin

Previously known as OH&S Planner. In light of the Harmonisation legislation introduced on January 1st, we have developed H&S Planner to be based on the current WH&S and Harmonisation regulations. It is now available!

MAUS H&S Planner will help you develop your health and safety policies and procedures. Develop WH&S documentation for your business quickly, easily and with credibility with our affordable powerful software program.

Comprehensive and easy to understand, MAUS H&S Planner will guide you step by step on how to create a WH & S document that is based on Harmonisation legislation. This includes sections on management of risk in the workplace, accident and incident reporting, emergency procedures, the WH&S consultative process, general safety policies, safety performance monitoring, safety inspections, safety in the office and a comprehensive selection of Health and Safety templates and forms.

More than just a customisable manual that can be adapted to any business, Health and Safety Planner is actually a system for WH&S compliance with many powerful, time and money saving features that make your business safer, more efficient and more credible.

MAUS H&S Planner 2012 is available to trial or purchase here. MAUS customers who have already purchased H&S Planner 2011 this year in January, February or March are eligible for a free upgrade to the 2012 WH&S version. Contact us here.

Posted in Company Announcements, OHS, Press Release | Leave a comment

Business Success Workshop – Starting in Perth 4th April 2012

Posted on March 19, 2012 by admin

Commencing in Perth on the 4th April, Business Success Workshops will be held around the country. Other seminars to be held in major cities around Australia including, Melbourne, Brisbane, Adelaide, Sydney and Darwin. Presented by Peter Hickey, he tells the story of how he built his business from the bedroom and sold it to a multi-national company for millions of dollars.

The session will include key lessons from Peter’s own story. Here, you will discuss leading topics such as:

-          The key strategies to build the business

-          How to harness the power of your employees

-          The power of systems – and how to automate the business

-          How to double the value of the business so that in 3 years time the business owner can retire.

The day will comprise of:

  • 2 hour practical workshop
  • Each attendee will receive a Business Coaching Workbook that builds their 90 Day Plan
  • Access to a guaranteed system to “make it happen”
  • Includes case studies and key note speakers from around Australia

Guest speaker, Bob Aley will be attending the seminars.

 For more information please contact us.

Posted in Company Announcements, Press Release | Leave a comment

New Officer Laws and How They Will Affect You

Posted on November 24, 2011 by admin

OHS ISSUES & LEGISLATION THREATS


Sarah Jane Obrien

OHS Consultant Riskology

 Pre harmonisation there was a liability on people who own or manage an organisation or business – attributed liability which could be CEOs, Senior Managers or even Line Managers. If prosecuted defences could be that you were either not in a position of influence in relation to the breach, or you used all due diligence to prevent the breach.  You had to prove one of these and you were guilty until proven otherwise.

We will get to the definition of an officer in a minute. What is interesting here is that under these new laws an Officer of a PCBU may be convicted or found guilty of an offence regardless of if the PCBU has been convicted. This is big news ladies and gentlemen! Officers will need to show leadership in health and safety and in particular in the organisation’s health and safety performance and Officers will need to prove that they have taken steps to ensure the organisation has complied with and continues to comply with its legal obligations.

We all know there are health and safety laws in place, but this new stuff about Officers is a no hands in pockets law.  Decisions need to be made, directions need to be given and resources need to allocated and these decisions and actions are in the hands of those officers of the PCBU.

In a nutshell the duty of the Officer is to ensure the PCBU (the entity) complies with the legislation. This WHS Act holds Officers personally liable for failing to meet their corporate governance responsibilities of preventing a breach of the Act by the organisation.

Definition of an Officer
Under the WHS legislation an Officer is a person:

  • “who makes or participates in making decisions that affect the whole, or a substantial part, of the business of the corporation or who has the capacity to affect significantly the corporations financial standing.  It includes an Officer of the Crown under section 247 of the Corporations Act or section 252 being a public authority (apart from elected members of a local authority).” 

Note that if you are a partner in a partnership you are not an officer and you are off the hook. You can’t delegate this duty and you have to prove due diligence.  Specifically you need to do the following:

  • Keep up to date knowledge of health and safety matters – understand the trends, best practice, industry standards and legislative requirements.  Read the safety reports and know what is happening at a shop floor level
  • Gain an understanding of the nature of the operations of the organisation and the hazards and risks associated with it – you should know what your top risks are and what’s being done about them, you should know what the organisation needs to do meet compliance with these risks
  • Ensure there are appropriate resources and processes in place for receiving and considering information about incidents, hazards, risks and responding timely.  If you are in a high risks industry, obviously you’d need more resources than a low risk environment.  You also need to develop things like a safety management system, policies, procedures and safe work procedures and investment in controlling hazards and auditing and improvements of existing processes
  • Ensure processes are in place for compling with the duty or obligations

I like to call the above a managers ‘Safety CV’. A list of things you need to do, which all add to your due diligence compliance. What’s interesting is that ignorance is not a defence. For you to say “but…I didn’t know” doesn’t work with traffic police, and it now doesn’t work with workplace health and safety.

The major difference with these new laws is this broader duty to ‘officers’ rather than just Directors and Managers.  The definition of the officer and what due diligence actually means has been clearly defined.

So things that you should consider:

  • Review your OHS Management System to ensure compliance, including operational procedures such as hazard reporting, risk management and incident reporting (systems are my favourite area)
  • Ensure Officers are defined in your system and these officers are identified – give them training so they know what to do
  • Make sure that your identified Officers have appropriate levels of responsibility and accountability and will be able to demonstrate adequate due diligence.  This due diligence needs to be documented.

So there we have it……not only Directors need broad shoulders, but a whole new level of people now need to get involved instead of pointing the finger.  This is a new ball game for those who fall under the Officer definition and gone are the days of relying on the Safety Manager for everything.  I think this can only lead to position things in the world of Safety.
Posted in Company Announcements | Tagged , , , | Leave a comment

Work Social Functions: How to Avoid Harassment Complaints

Posted on November 23, 2011 by admin

HR ISSUES  & LEGISLATION THREATS

Wal Beattie
ASK HR

 Ask HR – Fair Work Bulletin 28/2011

No-one likes to be the Christmas Grinch but that time of year has come around again, which means employers should take time out to remember that they must meet their obligations under Equal Opportunity, Occupational Health and Safety and Workers’ Compensation legislation – even at social functions.Employers are vicariously liable for acts of sexual harassment if reasonable steps to prevent such harassment have not been taken.

In addition, the new Equal Opportunity Act 2010 places a positive duty on employers to take “reasonable and proportionate” measures to eliminate discrimination, sexual harassment and victimisation. This means that employers must be more proactive now than ever before about taking steps to eliminate such conduct.

The Courts have considered many a case arising from unacceptable conduct that has occurred at an end of year function. In most of these cases, whether an employer has been found liable, has turned on whether there was effective communication by the employer of the standards of behaviour expected of its employees.

An effective way of communicating this to your employees is to send them an email attaching all relevant workplace policies and reminding them that they are expected to abide by the same standards of behaviour and conduct as they would at the workplace.

Here is an example of what you can send:

“A reminder to all of our employees who are attending our end of year celebration function, the details of which are attached. It is a work function; therefore our policies on Sexual Harassment, Workplace Bullying and Anti-Discrimination apply to everyone.

Please take the time to refresh your memories as to the policies, but most importantly have a great time, look after each other, don’t drink and drive or do silly things that can cause harm. Please do the right thing and behave accordingly. We want everyone to have a great night.

The reality is that any social function involving staff may expose us as your employer to some risk. And let’s face it – especially where alcohol is involved. In the majority of cases, the risk is one that we are happy to take. If you take appropriate care in planning and organising your celebration, then all that’s left to do on the day is to CELEBRATE.”

As an employer here are some DOs and DON’Ts:

DO

  • Communicate with staff prior to the event and outline relevant policies and expectations of behaviour;
  • circulate any relevant policies (Equal Opportunity, Anti-Discrimination, Anti-Harassment;
  • ensure the responsible service of alcohol (including serving light beer and provide non-alcoholic beverages);
  • serve food;
  • be mindful of transport arrangements for staff attending;
  • be alert to harassment or other forms of unacceptable behaviour and take action immediately
DON’T

  • let an intoxicated employee drive home;
  • be afraid to speak to employees who are intoxicated or behaving inappropriately, and if necessary, ask them to leave;
  • serve alcohol to employees under the age of 18;
  • just serve alcohol; and
  • make the event compulsory, or force employees to attend.

Click here to view the full It’s the Season for Social Functions…and Harassment Complaints article in PDF.

 

 

Posted in Company Announcements | Tagged , , , , | Leave a comment

End of Year Recruitment: How to Hire the Right Candidate

Posted on November 23, 2011 by admin

MANAGING & GROWING YOUR BUSINESS

Peter Hickey
CEO MAUS

 Advertising is one of the main means of attracting potential applicants. The aim of advertising is to make people aware of a vacancy and persuade suitable people to apply for it. It is also a means of distributing accurate and favourable information about your organisation to the general public.

What steps should you take before writing?
Before you write your advertisement you need to consider the following matters:

1. Identify your target market
Your target market for a suitable candidate will usually belong in one of the following categories:

  • managerial and professional staff
  • clerical staff
  • skilled and trades workers
  • unskilled labour.
2. Select the best medium for your advertisement
You need to choose the medium that will be seen by the greatest number of potential candidates, ie the places they are likely to look for work. The type of advertisement you choose will be determined by the:
  • applicant you want
  • the costs of using a particular medium.

Typical places to advertise are:

  • national and metropolitan daily papers (largest readership) – advertisements may be placed in the employment sections or, for professional and senior positions, the editorial pages
  • local suburban press – a successful medium for advertising unskilled and clerical vacancies
  • trade journals – useful when special skills or types of work experience are required and the potential labour market is small or restricted
  • professional journals
  • the internet – advertisements can be placed on your website (if you have one), on a recruitment site (for a fee), on a news group or on-line forum (for free) by: classifying the job by using appropriate key words, or by type of job, location and other parameters (where there are synonyms for a job title such as “journalist”, “editor”, “writer” and “publishing”, all should be included if possible) providing links to further information about the job if appropriate (eg a link to an area on your website)- ensuring applicants can respond to a job vacancy by electronic mail- monitoring the advertisement and removing it once a vacancy is filled
  • employment agencies
  • business and technical colleges
  • notices on company property (eg in a window or on a gate)
  • internal advertising (on noticeboards and intranets).
Tip: Consider supporting internet advertising with print advertising because new and inexperienced internet users may encounter difficulties accessing your advertisement.

 

 

Posted in Company Announcements, Planning & Cashflow | Tagged , , , | Leave a comment

OHS Laws: The Biggest Change in 30 Years

Posted on November 9, 2011 by admin

OHS ISSUES & LEGISLATION THREATS

Sarah Jane Obrien
OHS Consultant Riskology

 Your action: Your OHS manual will have to be revised. 

At the moment states and territories are drafting their legislation in line with the Model WHS Act ready for commencement of the Act and Regulation 1st January 2012. This is the biggest change in health and safety laws in 30 years, how exciting!

In Australia there are currently 9 separate state and territory laws that govern work health and safety, and I’m sure you will agree that the KISS principal doesn’t really work with the current OHS laws. It was estimated that it costs national companies and the wider economy who try to manage compliance against these laws across all jurisdictions an estimated $16 billion per year.

For this reason the Federal Government in 2008 set harmonisation of these OHS laws as a key priority.

The Council of Australian Governments set some objectives for these changes which are summarised as:

  • Protection of the health and safety of workers improvement of safety outcomes in workplaces reduction in compliance costs for business, and improvement in efficiency for regulatory agencies.

So, you ask – why are the current laws a dog’s breakfast?

The current laws are based on the British ‘Robens’ model which is performance based. Each state/territory shares commonalities with each other, but there are some big differences due to local recommendations.

The National Health and Safety Commission tried to develop nationally uniform standards, but each state/ territory claimed that there were parts of their state/ territory that were too unique to comply and therefore they made changes.

A national review was conducted of all the existing laws as to what was positive or successful aspects within each state/ territory so the Parliamentary Counsel’s Committee (PCC) could draft a national ‘model’ legislation with some equality and consistency for all states and territories that was non-jurisdictional in its specific terms.

It is the ‘intention’ (fingers crossed) for this act to be mirrored in all states and territories, managed by the local authorities that are currently in place (ie Workcover NSW).

Anyway, there was a lot of politics that went on to get us to where we are today, with a bill to underpin this new framework. COAG formally committed to the agreement by signing an Intergovernmental Agreement (IGA) to work together to develop these laws to achieve harmonisation.

A new independent body Safe Work Australia was also born to drive this implementation, a council was set up to review and consult and the National Occupational Health and Safety Review panel provided 2 reports in 2008 and 2009 making recommendations to the structure and content of the Act and we all got to comment on the draft act in 2009 and the regulation in late 2010.

 

Posted in Company Announcements, OHS | Tagged , , , , , | Leave a comment

Fair Work Act: Impact of Closing Your Business Over Christmas

Posted on November 9, 2011 by admin

HR ISSUES  & LEGISLATION THREATS

 With the Christmas/New Year break fast approaching it is relevant that we all update ourselves on the various provisions of the Fair Work Act that may impact on leave taking through the period.In particular it is important to understand that the right of an employer to send an employee on an annual close-down will depend on the applicable industrial instrument (e.g. modern award or enterprise agreement) or, in the case of an award/agreement-free employee, the Fair Work Act 2009.

Please note that the dates set out in this Bulletin were correct at the time it was sent out, but these may vary as individual states gazette changes.

Wal Beattie
ASK HR

 

Posted in Company Announcements, HR & Legislation | Tagged , , , , | Leave a comment

Managing Your Cashflow Over December & January

Posted on November 9, 2011 by admin

MANAGING & GROWING YOUR BUSINESS

Peter Hickey, CEO of MAUS Business Systems

Peter Hickey, CEO of MAUS Business Systems

 It starts now! 

If you are like most non-retail businesses then the December/January period will represent a slump in your sales and therefore your cash. You planning must start now.

Some simple steps that you can take include:

  1. Follow up all your debtors in the next couple of weeks and reign in as much outstanding debts as possible. The longer you leave it, the tougher the cash crunch for your customers and the longer they will stretch their terms.
  2. No expenditure on new equipment. Wait if you can until January to February.
  3. If your sales are down then you will have excess capacity in terms of your staffs activity. Plan how you will spend this time. Some should be spent on product development, on strategic planning and even on a thorough review of your accounts eliminating unnecessary expenditure.

Peter Hickey
CEO MAUS

 

Posted in Company Announcements, Planning & Cashflow | Tagged , , | Leave a comment

Unfair Dismissals: How to Get It Right

Posted on October 12, 2011 by admin

It is important that all business owners understand their obligations in regard to Unfair Dismissals. The following information was supplied by one of our HR Consultants (Ask HR) that works with businesses around Australia.

Ask HR – Fair Work Bulletin 25/2011 – Unfair dismissals: How to get it right.

Although unfair dismissal legislation is now long established in Australia, many employers still trip up with the procedural steps of investigating matters and implementing dismissals. There is a need to clarify and understand some of the terminology. To be ‘unfair’, a dismissal has to be ‘harsh, unjust or unreasonable’ in the circumstances of the case:

  • Harsh refers to the consequences for the employee — does the punishment fit the crime?
  • Unjust basically means the employee wasn’t guilty.
  • Unreasonable means the employer made its decision to dismiss based on inferences that were not reasonably open to it.

A dismissal can be unfair if any one of these three situations arises and it does not require all three to exist. Further, an employer has to provide both substantive and procedural fairness to the employee:

  • Substantive requires evaluating whether dismissal is justified, and means that other possible remedies need to be also considered before making the decision.
  • Procedural refers to the process followed by the employer before and when implementing the dismissal. This includes investigating the matter, an area where employers often trip up.

Contact our office for a detailed bulletin that also covers the following.

  • What are the most common problems?
  • Guidelines for conducting investigations
  • Adverse action claims
  • Redeployment issues  

Click here to contact MAUS Business Systems.

The consultant that supplied this material was Wal Beattie, Director of Ask HR.

Posted in HR & Legislation | Tagged , | Leave a comment

MAUS CEO Presents at the 2011 AIBB Conference

Posted on September 18, 2011 by admin

Peter Hickey, the CEO of MAUS Business Systems, presented at the 2011 AIBB conference last Friday. The topic was on Lead Generation and building a business advisory.

 

Posted in Company Announcements | Tagged , , , | Leave a comment