Working it out

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Times, they are a-changin’ yet again, with new workforce laws coming to light before many of us have fully grasped the WorkChoices legislation introduced by the previous Federal Government less than three years ago.

Known as the Fair Work Bill 2008, the Labor Government’s new legislation was introduced to Parliament last week with the stated aim of assisting employees to “balance their work and family responsibilities by providing for flexible arrangements".

In summary, the 613-page Fair Work Bill:

• abolishes individual statutory agreements such as AWAs but allows for individual common law contracts;
• has extra award protections for workers earning less than $100,000;
• retains the secret strike ballots;
• allows employees to claim unfair dismissal if working in a small business (eg less than 15 employees) after 12 months of employment.  (In businesses with more then 15 employees the time frame is six months);
• has no protection from unfair dismissal for workers on more than $100,000.

The new Fair Work Act 2008 will include10 legislated national employment standards (NES), with provisions such as a 38-hour week; four weeks annual leave; personal/carers and compassionate leave; community service leave; parental leave; long service; public holidays; a right to request flexible working arrangements, notice of termination and redundancy pay and providing all new employees with a “Fair work statement”

One major change from the old WorkChoices legislation is the proposed protection of workers from unfair dismissal, with businesses employing less than 100 workers no longer exempt. Employees of a small business (less than 15 employees) will be eligible to claim for unfair dismissal after serving a qualifying period of 12 months, while for larger businesses the qualifying period is six months.

If a small business follows the Small Business Fair Dismissal Code provided for in the Bill, this will ensure that a dismissal will not be unfair.  Included in this code is a requirement for employers to warn employees about poor performance and provide a reasonable opportunity to improve.

Another aspect of the new legislation is the modernisation of awards, to be reviewed every four years, to include the following:

• award flexibility term;
• a dispute resolution term;
• terms providing for ordinary hours of work; rates of pay for pieceworkers
• terms for shift worker eligibility to five week’s annual leave. 

These will not apply to employees earning over $100,000 a year, as the government believes those workers can negotiate their own arrangements.

All aspects of the new Fair Work Act 2008 will come into operation on 1 July 2009, except for the NES and modernised awards, which will begin on 1 January 2010.

In the meantime, the Australian Industrial Relations Commission will progressively create and publish modern awards, starting with 14 priority industries including the private clerical sector which affects employees in retirement villages.

The RVA News Monitor is a weekly feature on the RVA website, and will provide updated stories on issues involving the retirement village industry.

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Dispelling the murky myths

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People are living longer today than ever before. They are staying healthy and active, and are eager to remain in the workforce for a much greater proportion of their longer lives.

And for some, faced with massive drops in their superannuation, staying on the job is no longer just a desire, but an imperative. While they may have previously thought their super would see them comfortably through their life expectancy, they are now finding that the numbers no longer add up.   

Regardless of whether it is by choice or necessity, there is no denying the growing number of people working later in their lives – many of whom are finding new ways to enjoy the fruits of their labour.

For some mature workers that enjoyment comes from a blend of work and community living in a retirement village.

According Clem Dickinson, a resident at Burwood Terrace Retirement Village, moving to the village, while still working, was the best life-style decision he and his wife could have made.

As Mr Dickinson pointed out, community living in a retirement village is not about mental and physical decline.

“On the contrary, there is a re-energising of confidence, contacts, social interests and activities as residents ‘age’ more gradually, supported in the process by the care and understanding of those who live nearby,” he said.

“Village life offers relationships and intellectual stimulus that is seldom matched in suburbia. As a working person I am able to participate in those activities for which I have time and that provide interest and involvement.

“There is a great variety of personal experience and professional opinion that can be tapped into.  These serve as an enhancement to what you bring to your career, whether working full or part time.”

Smart employers would do well to reject their outdated thinking about older workers and make use of this vast supply of knowledge and experience. Without such a change, demand for workers in the 35-44 age group will outstrip supply by more than 100 per cent in less than a decade.

Research is consistently dispelling the myths that older workers are harder to train, can’t cope with technology or are unreliable due to poor or declining health.

Yes, some new skills may take a while to learn, but many others won’t need to be taught at all because these people have been practicing them for a lifetime!  

And while it is true that young people are IT savvy, the mature worker will often arrive with a seemingly innate understanding of grammar that members of the ‘txt msg gnr8tn’ will never have.  The difference is that while younger staff may never consider it necessary to learn about grammar, extensive studies have shown that the fastest growing segment of internet users are people aged 55 and over.  They may not have been born using this technology, but they certainly appreciate its relevance and the benefits it provides.

Finally, there is no evidence that older workers take many more sick days than younger workers.  In fact the opposite is often the case.  Older people joined the workforce before the widespread acceptability of “mental health days” and will tend to take the use of a sick day much more seriously than their younger counterparts.   Also, older workers have fewer accidents because their experience and tendency to be more risk averse often guides their reactions.

Dispelling myths and creating flexible, positive workplaces doesn’t just improve the prospects for older people to stay engaged and active in the workforce.  It increases the overall pool of candidates who will seek to balance their working lives with their ‘real’ lives, and who in turn bring a more balanced and experience-based approach to their work.   It’s hard to see how anyone loses in that equation.

For further information or to make comment on this story, please email communications@rva.com.au

The RVA News Monitor is a weekly feature on the RVA website, and will provide updated stories on issues involving the retirement village industry.

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Wanted – only the best!

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Wanted! Housekeeper, handyman, cook, first aid assistant, nurse, marketer, business development manager, sales manager, financial planner, budget analyst, negotiator, counsellor, intercessor, gardener, grief councillor, facilitator, event organizer, health and fitness specialist, with accounting and legal knowledge.

Must have the following attributes: Empathy, patience, understanding, flexibility, be calm and collected, happy, and be a good listener with excellent communication skills, both verbal and written,

This person must be focused, with strong leadership and organisational skills, be a people person, versatile and not afraid of hard work or getting their hands dirty.

The Position? Retirement Village Manager.

Such was the job description tendered by the CEO of the Retirement Village Association of Australia, Jane Holdsworth, in applauding the excellence of village managers during the Manager of the Year Awards at the recent RVA National Conference in Perth.

Ms Holdsworth said the awards’ principal sponsor, Programmed Property Services and media sponsor, The Senior, recognised the leadership, business excellence and professionalism of managers in achieving continuous improvements and the highest level of resident satisfaction in a village.

This year top honours went to Western Australia Regional Winner, Kaye Dix, who was named the 2008/2009 National Manager of the Year from a record field of 42 outstanding applicants.

Kaye is one of the longest serving managers in the retirement village industry, providing expert management at Parklands Village since January 1986 - a period of 22 years.

Described as “the type of manager you would want to have regardless of whether you were a resident or the village owner”, the judging panel found that Kaye demonstrated expertise in a most comprehensive range of skills including financial control, property management, time management, resident support, service delivery and innovation.

Joining Kaye in the honours list as Regional Village Manager Winners for 2008/2009 were:

Stephen Joyce, Carlyle Gardens Retirement Village, Bargara – Queensland Regional  Winner.
Julie Woolard, Tea Gardens Grange and The Hermitage Lifestyle Resorts – New South Wales/Australian Capital Territory Regional Winner.
Bev Janzow, Victoria Grove Estate, Glenside – South Australia/Northern Territory Regional Winner,Penny Lloyd, The Village, Williamstown – Victoria/Tasmania Regional Winner.

The RVA would like to take this opportunity to sincerely thank our Manager of the Year sponsor, Programmed Property Services. In presenting the National Winner, Programmed Maintenance CEO, Mark Piwkowski said, “PMS has been involved with the Retirement Village Industry for the past 25 years. Our involvement with the National Manager of the Year award is one of the ways PMS is able to give something back to the industry. We have now sponsored the award for the past five years and it is seen by all residents and employers as necessary recognition of the outstanding achievements of Village Managers.”

For further information or to make comment on this story, please email communications@rva.com.au

The RVA News Monitor is a weekly feature on the RVA website, and will provide updated stories on issues involving the retirement village industry.

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