Australian master human resources guide [11th edition.] 9781925356991, 192535699X

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Disclaimer No person should rely on the contents of this publication without first obtaining advice from a qualified professional person. This publication is sold on the terms and understanding that (1) the authors, consultants and editors are not responsible for the results of any actions taken on the basis of information in this publication, nor for any error in or omission from this publication; and (2) the publisher is not engaged in rendering legal, accounting, professional or other advice or services. The publisher, and the authors, consultants and editors, expressly disclaim all and any liability and responsibility to any person, whether a purchaser or reader of this publication or not, in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this publication. Without limiting the generality of the above, no author, consultant or editor shall have any responsibility for any act or omission of any other author, consultant or editor.

About Wolters Kluwer Wolters Kluwer is a leading provider of accurate, authoritative and timely information services for professionals across the globe. We create value by combining information, deep expertise, and technology to provide our customers with solutions that contribute to the quality and effectiveness of their services. Professionals turn to us when they need actionable information to better serve their clients. With the integrity and accuracy of over 45 years’ experience in Australia and New Zealand, and over 175 years internationally, Wolters Kluwer is lifting the standard in software, knowledge, tools and education. Wolters Kluwer — When you have to be right. Enquiries are welcome on 1300 300 224 . First published in print....................................October 2001

First published online....................................February 2008

Second edition in print....................................November 2002 This service is also available online and in eBook format. Third edition in print....................................February 2004 Fourth edition in print....................................April 2006 Reprinted....................................September 2006 Fifth edition in print....................................July 2007 Sixth edition in print....................................August 2008 Seventh edition in print....................................September 2009 Eighth edition in print....................................September 2010 Ninth edition in print....................................November 2011 Tenth edition in print....................................October 2013 Eleventh edition in print....................................September 2016

ISBN 978-1-925356-99-1 © 2016 CCH Australia Limited

Published by CCH Australia Limited All rights reserved. No part of this work covered by copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical, including photocopying, recording, recording taping, or information retrieval systems) without the written permission of the publisher.

Foreword The way people work is rapidly changing. Companies and employees are increasingly coming to unique arrangements to accommodate issues as varied as late-night international meetings and presentations, to avoiding peak-hour traffic congestion. It is this changing-face of employment relationships — among other things — that makes the Australian Master Human Resources Guide such an invaluable resource in any office environment.

Now in its 11th edition, the Guide has built a reputation as an invaluable guide for professionals on topics across the entire spectrum of the HR role. It is also the product of ongoing collaboration between Wolters Kluwer, Baker & McKenzie lawyers, the Macquarie Graduate School of Management and a number of experts in the HR field. This edition of the Australian Master Human Resources Guide continues its tradition of easy-to-read, comprehensive information in the HR space covering a broad range of topics including: • Employment Law • Awards and Agreements • Contractors • Equal Employment Opportunity • Work, Health and Safety considerations • Workplace bullying • Privacy • Leave entitlements • Social Media and networking The Australian Master Human Resources Guide is part of Wolters Kluwer Master Guide series which includes titles on taxation, business, management, financial planning, GST, superannuation, work health and safety, family law and the environment. I’d like to thank all our contributors for this 11th edition and, in particular, Editor, Michelle Leighton as well as Bryony Binns and Michael Michalandos, Partners at Baker & McKenzie, who gave so much of their time to ensure the Guide you’ve come to rely on delivers the very best information at the time of publication. Scott Abrahams Content Director Wolters Kluwer September 2016

Wolters Kluwer Acknowledgments Wolters Kluwer wishes to thank the following who contributed to and supported this publication: Managing Director: Bas Kniphorst Content Director: Scott Abrahams Head of Content — Books: Alicia Cohen Content Coordinator: Su Yin Ng Editor: Michelle Leighton Contributing Wolters Kluwer writers: Carol Louw, Geeta Shyam, Annelies Herrmann and Rufina Cheung Marketing Executive: Eric Truong Cover Designer: Natalie Liew Operations Manager: Marilou Cortez Production Managers: Kanesh Arumugam, Sangeetha Saseedharan Production Team Leader: Joy Macayan Production Editor: Euneil Don Fernandez Sub-editor: Bernadeth Manalo Indexer: Jonefer Valdes

Author Acknowledgments Baker & McKenzie

Aran Alexander B Econ SocSc (USyd)/LLB (Hons) (USyd) Aran is a Senior Associate in Baker & McKenzie’s Employment and Industrial Law Practice Group. He advises corporate clients on all aspects of employment law with a particular focus on executive employment, business acquisitions and business protection issues. Aran conducts litigation in state and federal courts and tribunals pursuant to industrial law, anti-discrimination law and common law, and regularly provides training and presentations on a range of employment law and industrial relations topics. Before joining Baker & McKenzie, Aran practised for six years in employment and industrial law for various major Australian firms. Genevieve Auld BA, LLB (Hons) (ANU) Genevieve is an Associate in the Employment team at Baker & McKenzie, having joined in 2016. She previously practiced employment and industrial law in private practice and served as a Judge’s Associate at the Federal Court of Australia. Genevieve has also worked in community legal centre service delivery. Bryony Binns BA, LLB (Hons) (UoW), MA (UNSW) Bryony is a Partner at Baker & McKenzie, which she joined as a graduate associate in 2003. Bryony has provided legal and strategic advice to various industry and commercial clients in both litigated and non-contentious areas. She also has experience in advising on employment and human resources issues across the Asia Pacific region for regional corporate clients. Bryony regularly provides training in the areas of equal opportunity and discrimination, and has particular experience in anti-discrimination and change management issues. Ben Burke BA, LLB (Monash) Ben Burke has been a Partner in the Melbourne office of Baker & McKenzie since April 2007. Ben has extensive experience in relation to occupational health and safety regulation, compliance and prosecutions, employment contracts and litigation, redundancy, commercial transactions and other aspects of workplace relations. Before joining Baker & McKenzie, Ben was a partner in the Workplace Relations Group at Corrs Chambers Westgarth in Melbourne. Josh Crook LLB (Hons), BA (Hons) (Monash University) Josh Crook is an Associate with Baker & McKenzie, Melbourne. Josh works broadly in employment law, including assisting clients with executive and non-executive employment contracts, OHS liability, enterprise bargaining, as well as the employment aspects of commercial sales, restructures and acquisitions. Prior to joining the Employment team, Josh spent three years working as a research clerk at commercial legal firms, providing legal research and analysis on a broad range of issues within a full-service commercial practice. Bianca Dearing BEc, LLB (University of Newcastle) Bianca is a Senior Associate in Baker & McKenzie’s Employment and Industrial Law Practice Group, which she joined in February 2009. Bianca advises clients on all aspects of employment law, both contentious and non-contentious, including executive employment contracts, work health and safety liability, the employment aspects of due diligence, enforcement of post-employment restraints and confidential information obligations, redundancy, anti-discrimination law, and state and federal industrial instruments. Bianca also has significant experience in major commercial litigation for a broad range of commercial clients, with a particular focus on employment-related litigation. Stephen Hardy BComm, LLB (Hons) (USyd) Stephen is a Senior Associate in Baker & McKenzie’s Employment and Industrial Relations group. Stephen works on a variety of employment-related matters for a wide range of clients (both local and international) in the banking and financial services, insurance, retail, IT, manufacturing, mining, transport and recruitment industries. He regularly advises on executive contracts; executive remuneration arrangements; dispute resolution; post-employment obligations (protection and enforcement); OHS and WHS liability, prosecutions and associated matters; conducts OHS and WHS compliance reviews; industrial disputes; the employment aspects of due diligence processes in respect of mergers and acquisitions; and harassment, discrimination and bullying issues. Stephen has previously undertaken a secondment to a global retailer, during which he project managed the negotiation of a new enterprise agreement and dealt with day-to-day human resources issues. Stephen has also, more recently, been on a secondment to a multinational organisation within the banking and finance industry where he advised on a wide variety of employment law-related issues (including employment agreements, executive agreements, and day-to-day human resources matters). Samantha Healey LLB (Hons)/BBus (UTS) Samantha Healey is a Senior Associate in the Employment and Industrial Relations team at Baker & McKenzie. She joined the Firm in 2005 and is a Registered Migration Agent (MARN: 0426175). Samantha advises on all aspects of immigration law and acts for a range of local and multinational clients with a variety of commercial requirements. Her range of experience spans from visa processing to providing strategic advice to corporate clients regarding their global mobility requirements. Samantha also advises on immigration compliance issues and works closely with human resources staff in relation to meeting sponsorship obligations applicable to their business. Maria Hurley-Smith BA, LLB (UNSW) Maria is a Special Counsel in Baker & McKenzie’s Employment and Industrial Relations Group. Maria practices in employment and industrial relations law, both contentious and non-contentious, and advises on all aspects of employment law including unfair or unlawful dismissal litigation, redundancy, anti-discrimination law and the making and approval of enterprise agreements. Kerryn Kahler BComm, LLB (USyd)

Kerryn is a Senior Associate in Baker & McKenzie’s Employment and Industrial Law Group, which she joined in May 2006. Kerryn advises on all aspects of employment law, both contentious and non-contentious, including state and federal unfair dismissal litigation, redundancy, anti-discrimination law, collective workplace agreements, and enforcement of post-employment restraints and confidentiality obligations. Prior to commencing with Baker & McKenzie, Kerryn worked as the Associate to a judge in the New South Wales Industrial Relations Commission. Erica Kidston BCom, LLB (University of Tasmania), LLM (University of Melbourne) Erica is a Senior Associate with Baker & McKenzie and specialises in taxation with a focus on advising on employment taxes and employee share schemes. Erica regularly advises Baker & McKenzie’s global clients on the tax consequences of terminating employees’ employment, fringe benefits tax issues, design and impact of employee share schemes, pay as you go withholding and associated reporting requirements and relocating to Australia. Prior to joining Baker & McKenzie, Erica was a member of Blake Dawson’s taxation group where she worked closely with the Employment and Industrial Relations Group advising on employment-related taxation matters. Brigid Maher BA, LLB (ANU) Brigid is a Senior Associate with Baker & McKenzie, Sydney, and practises in all aspects of employment law with a particular focus on industrial relations, enterprise agreement making, modern award coverage and compliance, and negotiations with trade unions. As a secondee, Brigid has also had significant experience in employee and industrial relations within the media, banking and finance, and manufacturing industries. Brigid regularly provides training in employment, human resources and industrial relations issues. Brigid also has significant experience in employment-related litigation. Kellie-Ann McDade BComm, LLB (Monash) Kellie-Ann is a Senior Associate with Baker & McKenzie, Melbourne, and practises in all aspects of employment law and occupational health and safety law with a particular focus on executive employment issues, employee terminations, employee issues in acquisitions, restructures and occupational health and safety investigations and prosecutions. As a secondee, Kellie-Ann has also had significant experience in the employee and industrial relations department of a major global manufacturing firm. Kellie-Ann regularly provides training in employment, human resources and occupational health and safety issues. Michael Michalandos BA (UNSW), LLB (UNSW) Michael is a Partner at Baker & McKenzie and has practised employment and industrial law for over 15 years at various major Australian firms. Michael acts for a range of clients in industries including banking and finance, telecommunications, insurance, media and entertainment, information technology, and professional recruitment services. Michael regularly speaks on a range of employment law topics at seminars arranged by international conference groups and professional associations. Michael is also a member of the Honorary Editorial Board of the Wolters Kluwer Industrial Law Library and a member of the Editorial HR Expert Panel. Leanne Rich BA, LLB (Hons, 1st Class) (USyd) Leanne is a Special Counsel with Baker & McKenzie, Sydney. Leanne practises in the Dispute Resolution Practice Group, specialising in commercial litigation and dispute resolution, and in competition and trade practices advisory work. Leanne previously practised in the firm’s Employment Law Practice Group, specialising in employment litigation and dispute resolution, prior to joining the Dispute Resolution Practice Group in January 2004. Prior to joining Baker & McKenzie in 2002, Leanne was an Associate to the Honourable Justice Lindgren of the Federal Court of Australia.

Macquarie Graduate School of Management (MGSM) Paul J Gollan BA (Hons) Ind Rel (NSW), MBA (Nott), MSc Econ (LSE), PhD (LSE), FAHRI Professor Paul J Gollan holds an MSc (Econ) and PhD from the London School of Economics and is Professor of Management and Director and Head of Australian Institute of Business and Economics (AIBE) in the Faculty of Business, Economics and Law at University of Queensland. Previously, he was Professor of Management and Associate Dean (Research) and Member of the Faculty Executive in the Faculty of Business and Economics at Macquarie University. He was also a Visiting Professor in the Department of Management at the London School of Economics. He has recently been appointed as a Visiting Professor for Department of Management, Kings College London. He has lectured at a number of universities and colleges throughout the United Kingdom and Australia. He has also previously held a number of Senior Research and Lecturing positions at Macquarie University, University of Sydney, LSE, Imperial College London and Kings College London in the UK. Paul has authored, co-authored and co-edited 14 books in the fields of human resources and industrial relations including Employee Relations in the press (1997), Models of employee participation in a changing global environment — diversity and interaction (2001), Partnership at work: The challenge of employee democracy , Works Councils in Australia — future prospects and possibilities and Employee Representation in Non-Union Firms (2007). He is also a co-editor for The Oxford Handbook of Participation in Organizations (2010, Oxford University Press), and co-editor for Voice and Involvement at Work: Experience with Non-Union Representation (Routledge, New York) and co-author for Strategic human resource management: a critical review (Sage Publications) both due for release in 2013. He has also written over 34 book chapters and 50 refereed journal articles. Paul has published and/or guest editor on employee participation issues for a number of leading academic journals. He is also co-editor (with David Lewin) for the book series Advances in Industrial and Labor Relations . He is also Chief Investigator on a number of recent competitive research grants including Australian Research Council and Federal Government grants. He has also undertaken contract research for a number of private sector organisations.

Currently, the total of his research grants are in excess of $2.3m. Paul is a regular contributor in the media on workplace issues and a regular columnist on workplace issues for the Australian Financial Review with over 200 articles in newspapers. He is also an occasional workplace relations expert for BBC and ABC radio and television, and consulted for a number of private and government organisations on workplace relations, human resource management and organisational change issues. Paul is a Fellow of the Australian Human Resources Institute (AHRI) and Chartered Fellow of Chartered Institute of Personnel and Development (CIPD). In 2008, he was named in the most influential list for “The ones to watch” in Human Resources Magazine Most Influential HR People in the UK. Andrew Heys BA (Hons) (Macq), Politics (Macq), MIntS (Hons) (USyd), PhD (Macq) Andrew Heys serves as a faculty member of the People & Organisations cluster at Macquarie Graduate School of Management (MGSM) where he teaches human resource (HR) management and negotiation: theory and practice. He also serves as the Director, Academic Programs at MGSM. Andrew’s research interests include the role of HR management in driving performance in professional services firms. He also publishes in areas including negotiation, conflict resolution and organisational development (OD). Andrew consults to organisations around Australia and in the Asia Pacific region across a wide range of OD topics. Peter McGraw BA (Leicester), MA (Warwick), PhD (Macquarie) Peter is an Associate Professor and Director of the Executive MBA Program at UTS Business School where he teaches subjects in managing people, leadership and change management. Peter researches and publishes in a variety of areas concerned with management, human resource management and employee relations and is the author of 70 academic articles and book chapters as well as three HR textbooks. Current research interests include HR in multinational companies and expatriate adjustment. Peter is also a well-known consultant and executive educator and has worked with many of Australia’s leading companies running programs in management and leadership. Dr Paul Nesbit BA (Hons) Psychology, MA Sociology, MBA, PhD (UNSW) Paul is a Senior Lecturer in Management at Macquarie Graduate School of Management (MGSM), and teaches in the areas of human resource management and organisational behaviour. His research focus is on the development of leadership, especially the use of selfdirected approaches to personal change and learning.

Wolters Kluwer and External Contributors Lee Beyer BComm Lee was an HR Editor/Writer with Wolters Kluwer from 2004–2006 and was the Editor of: The Hands on Guide — HR Manager , The Hands on Guide — Employers Legal Guide , Online Equal Opportunity Training and HR Skills for Managers Training Kit. Lee has worked as an HR/Employment Law Consultant overseas and as the Executive Director of the Australian Chamber of Commerce in Vietnam (Hanoi). She has worked as a consultant to the federal government and currently works in the finance industry. Rufina Cheung BA, LLB (Hons, USYD) Rufina is the Portfolio Lead for Commercial Law for Wolters Kluwer and works in the area of competition and consumer law. Previously, she was the writer and editor for Wolters Kluwer’s contract law and intellectual property law reporters. Rufina is admitted to the Supreme Court (NSW) and the High Court of Australia, has worked as a lawyer in the NSW Office of the Director of Public Prosecutions (criminal law). She has also worked in the NSW Crown Solicitor’s Office (administrative law) and NSW Attorney General’s Department (Legislation and Policy Division). Dr Lynn Gribble MEd (T&D) (SCU), MLLR (USyd), PhD (SCU) Lynn is a regular contributor to the field of organisational behaviour and, more recently, innovative use of technology for teaching. Lecturing at AGSM and UNSW Business School, Lynn is well researched in understanding how people think and act, and what makes them successful in the workplace. Her research projects have included work in aligning corporate and personal values, understanding the psychological nature of workplace attachment, and transmission of business. She has both academic rigour and practical experience at hand having worked for some of Australia’s largest organisations as a management trainer and coach. She was awarded the Australian Journal of Carer Development (AJCD) research article of the year 2010 and was the recipient of the UNSW ASB teaching excellence award for Masters of Business and Technology (MBT) facilitation 2011 and the UNSW Vice Chancellor’s recipient of teaching excellence award (sessional) 2011 as well as the UNSW Business School Outstanding Technology-Enabled Teaching Innovation award 2014. Annelies Herrmann LLM (USyd), LLB (UNSW), BSW (UNSW) Annelies is a Senior Writer for Wolters Kluwer, working in the areas of employment and industrial law. She is currently the Contributing Editor of the Australian Employment Law Guide. She has contributed to a number of other publications, including as Contributing Editor of the Australian Industrial Law Reports and the Australian Labour Law Reporter. Annelies was admitted to legal practice in 2002. Robin Kramar BCom (Hons) (UNSW), MCom (Hons) (UNSW), PhD (USyd) Robin is a Professor of Management and Chair of the HRM Discipline at the School of Business, Australian Catholic University. She has published in a range of areas including strategic human resource management, sustainable human resource management, diversity management and equal employment opportunity. Her most recent research has been in the area of sustainable leadership and managing sustainable organisations. She is due to run a survey of human resource practices for the fifth time. This survey involves more than 40 countries. Simon Lane MComm (Workplace Relations) (UWS), Post Grad Dip Labour Law (USyd), Dip OHS (Cumberland), Dip HR Mgt (NSyd TAFE) Simon has held senior human resources executive roles in the following Blue Chip Australian Companies: Commonwealth Bank, TNT, Coles Myer Department Stores Group, AWA, Mitsubishi Electric, Australian Airlines, and the State Rail Authority of NSW. His accomplishments include large scale outsourcing and merger/acquisition work, the successful negotiation of over 60 enterprise agreements, the development

of work-based Masters of Business programs, the facilitation of significant cultural and strategic management workshops, and the management of sizable organisational restructures. Simon is based in Sydney and has worked for over 35 years in the field of human resource management. As Managing Director of Offsite Human Resource, he specialises in due diligence reporting, change management, executive development and coaching, development of online and web-based HR solutions, and business strategy facilitation and development. Simon has created several online applications for use in HR — some of which have been trademarked and patented. Simon also provides strategic facilitation of teams, negotiations on enterprise agreements, design and delivery of people management development programs, as well as a wide range of other human resources activities. He has consulted to local, state and federal government bodies over the last 10 years. He is also a Director of five other organisations in Australia, the United Kingdom and the United States. Simon is a member of the American Society of Training and Development, American HR Planning Society, Society for Human Resource Management (UK), Australian Institute of Training and Development, Australian Institute of Management, American Society of Human Resources, NSW Industrial Relations Institute, International Coach Federation and is a Fellow of the Australian Human Resources Institute (AHRI). He is also a member of the Advisory Council to the World HRD Congress. James Leow LLB (Hons), MTax James is co-author of the Australian Master Superannuation Guide . He is also a contributor to other Wolters Kluwer tax and superannuation services, including Australian Superannuation Law & Practice , the Australian Master Tax Guide and Master Financial Planning Guide. Carol Louw BLC LLB (Pretoria), LLM, LLD (UNISA) Carol is the Head of Content — Legal for Wolters Kluwer, working in the areas of employment law and equal opportunity. She is the Contributing Editor of Australia and New Zealand Equal Opportunity Law and Practice , and has also contributed to a number of other publications. Previously, Carol worked as an Employment Law Analyst for CCH New Zealand Ltd, where she was also a Contributing Editor of the CCH New Zealand Employment Law Guide and the author of the Employment Procedures Manual . Before joining Wolters Kluwer, she was a Senior Lecturer at the University of South Africa and a member of the South African Industrial Court. Anthea Lowe BA (Hons) Anthea has 30 years’ experience in people management and equal employment opportunity in Australia and the United Kingdom. In early 2001, after 11 years managing the widely respected education, training and publication programs of the Anti-Discrimination Board of New South Wales, she established her own highly successful consulting firm, Anthea Lowe & Associates. Her business focuses on the prevention of workplace bullying, harassment and discrimination, and effective grievance management, The business provides guidance, training and grievance management for the private, public and community sectors. Since 2004, Anthea has been hearing and deciding claims of discrimination and harassment as a general member of the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal, (previously the Administrative Decisions Tribunal of NSW). She is also a member of the Australian Human Rights Institute and a past member of the New South Wales Law Society Equal Opportunity Committee. In 2001, Anthea published the first comprehensive set of Australian guidelines on preventing workplace bullying and harassment. Glenn Martin MEd (Online Education), BBus (Hons) Glenn is a writer and lecturer on human resources with a particular interest in business ethics, training and development, and leadership. He has been a contributor to Wolters Kluwer publications for over 15 years. He is the author of several books, including Human Values and Ethics in the Workplace. He currently lectures at Jansen Newman Institute and works as an instructional designer for online courses at The College, Western Sydney University. His two websites are www.ethicsandvalues.com.au and www.glennmartin.com.au. Shaun McCarthy BCA, Dip Soc Sci (Psych) Shaun is Chairman of Human Synergistics Australia and New Zealand — a member of the Human Synergistics International group. With a strong research base, Human Synergistics’ core purpose is changing the world — one organisation at a time. Human Synergistics leads the world in the measurement of human behaviour at the individual, group and organisational levels and the development of consequent strategies for organisational transformation. Shaun has been active in organisational development consulting for over 30 years and specialises in helping organisations build the connection between leadership, culture and performance. He has worked in leadership development and cultural transformation projects in a wide variety of organisations in many different countries. Jeanetta Munro BA Arts (Monash University), Strategic HR (Insead/AGSM) & Graduate Diploma Business Jeanetta is the Director of JJ People and has extensive industry experience and practical application of organisational change in businesses across Australasia. JJ People provides tailored outsourced HR solutions as well as specific leadership development to leaders who seek not only to be strategic but nimble and creative in adapting themselves and their business successfully to change. Polly Parker PhD (Auck) Polly is Management Cluster Leader at the University of Queensland’s Business School, Brisbane, Australia. Polly teaches leadership development to MBA and Executive Education students. Her PhD (University of Auckland, New Zealand) is on career communities. Polly has a lifelong interest in teaching and learning which she has applied in both academic and corporate settings. She is the originator and co-developer of the Intelligent Career Card Sort which is used worldwide. Polly’s research and practice is in career management and leadership development — particularly in the intersection of the two. A particular focus is peer coaching which emphasises her relational approach to development. Professor John Rodwell BA (UQ), PGDipPsych (UQ), GCHE (Mq), PhD (QUT)

Professor John Rodwell joined Australian Catholic University (ACU) from Deakin University, after having been at Macquarie University. Prior to Macquarie University John was based in London as a manager and the head of analytics (CRM, data mining) in the credit cards division of a large retail bank in the United Kingdom. John’s work primarily focuses on healthcare management building on successful applied research relationships with Catholic as well as forprofit and public sector healthcare organisations, with an aim towards developing a body of applied knowledge informing an evidence-based approach to healthcare management. More broadly, John’s research and consulting work has looked at the best ways of managing a modern workforce (including ageing workforce issues), employee engagement and work stress, with an aim towards making healthier, more productive workplaces and preventing employee turnover. His strategy research has focused on knowledge management, especially human resources management, in both the private and public sectors. Richard Rudman BA (Auck), MPP (Well) Richard is a Consultant and Writer in human resources management, employment relations and related areas. He has extensive experience of all aspects of human resources management in both corporate and advisory roles, in the public and private sectors. Richard has taught in the business schools at Victoria University of Wellington and Massey University, and led a number of other executive development programs. He has also addressed many international HR conferences. Richard has written widely on human resources and other management topics. His books include Human Resources Management in New Zealand (2010, 5th edn, Pearson Education, Auckland), the annual New Zealand Employment Law Guide (CCH New Zealand, Auckland), and Performance Planning and Review (2003, 2nd edn, Allen & Unwin, Sydney). He was a Contributing Editor to the Wolters Kluwer subscription services Human Resources Management and Managing Training and Development , is the author of the CCH New Zealand series HR Manager and Workforce Manager . Richard is a Life Fellow of the Human Resources Institute of New Zealand. Geeta Shyam LLB (Hons) Geeta is an Editor and Writer at Wolters Kluwer and works on a number of work health and safety (WHS) products. Geeta has a passion for WHS and has been writing and editing in this area for over five years. Michael Toten BComm (Industrial Relations) (Hons) Mike is a freelance Writer and Consultant specialising in human resources management. He has over 30 years’ experience in writing and editing in this field, the majority of it obtained at Wolters Kluwer, where he was the Editor of various loose-leaf services, including Human Resources Management and Recruitment and Termination Guide. He has also had almost 1,000 articles published on the websites WorkplaceInfo and WorkplaceOHS over the past decade. Karen van Druten MBA (AGSM) Karen is a Consultant, Facilitator, Executive Coach and Academic. She has over 30 years of experience in executive management and senior human resources roles, including 15 years specialising in change management, leadership effectiveness and developing high performance, values-based cultures. As managing director of her own company she consults to businesses of all sizes and designs customised solutions that effect people and performance. Karen is a Consultant across both the private and public sectors with clients including Air New Zealand, Siemens, Rio Tinto, QBE & QBE Mercantile Mutual, Coca-Cola Amatil, and the Australian Federal Police. Karen has completed research studies in Global Leadership at MGSM and holds a Masters of Business Administration from the AGSM and a Graduate Certificate in Management from Bond University. She is an AHRI Fellow and a graduate member of AICD. She is accredited in Genos EI, AMA Disc, MBTI, NLP and Human Synergistics & Team Management Systems tools. Karen is also a master facilitator and career coach for executives. She teaches subjects in Strategic Human Resource Management, Leadership, Change Management, Careers and Managing People in Organisations on the AGSM, ACU, Mt Eliza & MGSM MBA/MBA (Executive) programs in Sydney, PNG, Beijing and Hong Kong. She has also been an Adviser/Assessor on the UTS Work-Based Learning MBA. Chris Westacott MBA (CSU), BBus Marketing (UTS), Diploma of Directorship (AICD), Personnel Administration Certificate (Syd Tech) Chris is Managing Director of Realise Performance, a firm providing outsourced HR Support to a range of organisations who need access to specialist HR skills and experience but who do not employ a specialist HR practitioner. Apart from providing general HR support to organisations, Realise Performance undertakes industry remuneration benchmarking for the aged care and community care sectors and provides specialised remuneration advice to a number of its for profit and not-for-profit clients. Chris has extensive experience in HR, particularly in areas such as the development and implementation of major workforce change strategies, governance and strategy, performance management, remuneration, reward and retention, across industries as diverse as financial services, aged care, health, government, research and education, manufacturing and the not-for-profit sector. Chris holds Fellowships of the Australian Institute of Company Directors, the Australian Human Resources Institute and the Australian Institute of Management. Chris is a former chair of the Australian Human Resources Institute Performance and Reward (Remuneration and Benefits) Special Interest Group in NSW. David Werner BSc (Psychology & Communication Studies) (UoW), MSc (Psychology) (UoW), MBA (AGSM), Certified Member AHRI David is a Partner and Asia Pac regional leader for the Ernst & Young People Advisory Services Transactions team. David’s role focuses on supporting clients through corporate change and helps them to overcome the challenges of restructures, outsourcing, due diligence, “Day 1” readiness, and post-transaction integration. David works with a wide variety of clients, including Australian and multinational listed companies, government departments and private equity firms. David has over 15 years’ experience in managing HR projects and teams. He has supported businesses through transactions in both an internal HR and consulting capacity, which gave him an insight into the people-based challenges that organisations face throughout a transaction lifecycle and beyond. Janet Wood BA, LLB, Dip Ed, BLIS

Janet is a freelance legal and business Writer and Consultant, specialising in labour law, workplace relations and general business. She has 24 years of experience writing and editing newsletters, loose-leaf services and books for Wolters Kluwer. Janet has worked on a wide range of publications covering industrial relations, labour law, human resources management, payroll management, workers compensation and schools law. Janet’s clients come from a variety of sectors including publishing, government, industry, health, economics, medical software development, academia, website development, engineering and construction. Janet was a co-author of the book, Independent Contracting: Succeeding as a Contract Professional in Australia , published in 2000 by Pearson Education Australia Pty Ltd.

1. HUMAN RESOURCE MANAGEMENT IN UNCERTAIN AND CHANGING TIMES Editorial information

Professor Robin Kramar Australian Catholic University

This chapter is drawn from research undertaken in the author’s capacity as a staff member of the Australian Catholic University.

¶1-010 Introduction Human resource management (HRM) operates in organisational, economic, political, legal, technological and social contexts. During the last 30 years, there have been major changes in these contexts. HRM practices have been paramount in enabling organisations to adapt to these changes and to deal with evolving and future people issues which impact, or will impact, the organisation. The Global Financial Crisis (GFC) and continuing economic uncertainty pose dilemmas and create tensions for all managers, including human resource (HR) managers and line managers. There have been major shifts in power in the world of work. The wealth of global corporations has grown, so that, in many instances, their wealth exceeds that of many nations. These global corporations operate across political boundaries, which enable them to “escape overall surveillance by particular nation states” (Dunphy et al 2003, p 7) and to influence the management practices of the countries in which they operate (McGraw 2002, pp 205–227). At a national level, governments have chosen to respond to globalisation, the internationalisation of financial markets, increasing competition and technological change by encouraging flexibility in the economy, labour market and organisations. As a driver of economic change, productivity increases, and wealth creation (McGrath 2002, pp 299–301) and entrepreneurship have become increasingly important processes in the global economy. McGrath (2002, p 319) suggests useful metaphors for understanding entrepreneurial activities, including option recognition, uncertainty reduction, exercise and exit. At an organisational level, many managers have chosen to respond by seeking to cut costs through organisational restructuring, downsizing the workforce and redesigning work so it is done when it suits business requirements. At the same time, managers are seeking to communicate directly with employees to engage them in the organisation. They seek to elicit discretionary effort and reward people on the basis of their contribution to organisational outcomes. The explicit identification of organisational values and the use of these as a basis for decision-making and policy formulation have also become increasingly common. This chapter outlines the contexts in which HRM operates and explores some of the contemporary themes in management. It examines some of the ways in which HRM has adapted to changes in organisational and workforce structure and demographics.

¶1-020 Contemporary management themes Today, management is characterised by many emerging and often contradictory themes which represent divisions in management thought. Some of these are: • responsibility and accountability • stakeholders • legal compliance • corporate social responsibility (CSR) • sustainability • triple bottom line • balanced scorecard, and • competitive advantage. Responsibility and accountability to an organisation’s stakeholders are accepted as fundamental requirements of management. However, there is little agreement about what groups and individuals are stakeholders of an organisation, and the nature of an organisation’s responsibility to these stakeholders. Stakeholders can be categorised into two groups, primary and secondary, according to the extent to which they influence the survival of the organisation. Primary stakeholders are essential to an organisation, while secondary stakeholders are not essential, but can influence and be influenced by the organisation (Factor 2000, p 7). Clearly, management must be accountable to primary stakeholders, such as customers and legislative authorities, and take into account their expectations. Some managers might also believe they have an ethical responsibility to secondary stakeholders, such as the community in which the organisation operates. Organisations will vary with regard to who they identify as stakeholders and who they classify as primary or as secondary. There will also be differences in the nature of their responsibility to these stakeholders and, therefore, differences in the measures used to assess organisational effectiveness. Two fundamental measures used to assess organisational effectiveness are: (1) financial measures, and (2) compliance with legislation. Legal compliance implies behaving in ways required by legislative provisions. A range of legislation prescribes the standards of behaviour associated with financial reporting, treatment of employees, working conditions and communication. Equal employment opportunity (EEO), discrimination, work health and safety, workers compensation, superannuation, leave, industrial relations and privacy legislation define part of the legal context of HRM. Managers need to understand their legal obligations so they are able to manage people within the boundaries of the legal system and manage the risk of prosecution, fines and unfavourable publicity. Some organisations adopt a broader view of responsibility than simply legislative compliance and economic responsibility. They regard themselves as having moral responsibilities. They acknowledge that the activities of an organisation are bound by the same moral codes as those required to sustain the good of society (Whetton et al 2002, p 392). An even broader interpretation of an organisation’s responsibility is one where organisations believe they have a responsibility to “do good” in society. CSR involves going beyond merely meeting economic, legal and moral responsibilities, and acknowledges the significance of organisations being good citizens. A conceptual dilemma with CSR involves the justification for undertaking those actions that “do good” for society. The empirical evidence on the relationship between corporate social performance and financial

performance is ambiguous. However, focusing on this financial justification involves using empirical evidence to support a moral argument, and herein lies the dilemma (Whetton et al 2002, pp 373–408). A survey of 4,238 executives in 116 countries revealed that most executives believe corporations should balance their obligations of generating high returns to investors with contributions to the broader public good (McKinsey and Company 2006, pp 41–47). This strong support for social and environmental causes is driven by business concerns, such as profitability or public relations, rather than a genuine concern for social or environmental issues. The most common influences on shareholder value were identified as job loss, offshoring, corporate involvement and influence in the political process, and environmental issues, such as climate change. Managers perceived the role of business in society in traditional terms of respecting the environment, caring for their people through occupational health and safety and providing safe products and services (Pedersen 2008; Blowfield and Googins 2006). Very few managers saw that they had responsibilities for EEO, diversity management, work/life balance, supply chain management, human rights or third world development. They almost all thought responsibilities meant meeting legal responsibilities (Pedersen 2008). Another contemporary theme in management is sustainability. Sustainability can be an outcome of an organisation’s social role and involves creating more than short-term economic benefits for shareholders. Some of the aspects of sustainability are: • human and social outcomes, and • ecological and environmental outcomes. An organisation that is concerned with creating sustainable human and social outcomes could develop some of the following initiatives: • facilitating the accommodation of competing work and non-work responsibilities, respecting that people have a life outside the workplace • creating a workplace that fosters health and limits workplace stress • undertaking to build people’s capabilities, knowledge and skills • valuing individual differences and workplace diversity, and • attempting to influence stakeholders, community groups and governments to pursue practices that are consistent with the organisation’s values (Dunphy et al 2003, pp 62–73). The traditional financial accounting framework has been criticised as being too narrow, because business activities have economic, environmental and social impacts. The triple bottom line approach recognises that organisations add or destroy not only economic value, but also social and environmental value. The Global Reporting Initiative (GRI) is one framework that seeks to report on financial, environmental and social performance in one format. It includes measurement of performance indicators, such as the direct economic impact on customers, suppliers and providers of capital; the environmental impact on water, energy and transport; and the social impact of labour practices, human rights and product responsibility (Global Reporting Initiative 2002). The traditional financial accounting framework has also been criticised because it focuses on past economic performance. The balanced scorecard is one framework that seeks to provide measures of outcomes that track past performance and, at the same time, are able to drive future performance. It provides a framework for linking long-term strategic objectives with short-term actions. The framework is organisation-specific. It links the measures to mission and strategy. Four common groups of performance categories used in the balanced scorecard are finances, internal business processes, customers, and learning and growth (Kaplan and Norton 1996). The concept of competitive advantage has been popular in management for more than 20 years and continues to be commonly used. An organisation “achieves a competitive advantage in a given market whenever it outperforms its competitors” (Cool et al 2002, p 55). Competitive advantage can occur in a

number of different ways. It can occur because of: • lower costs of production • an ability to provide customers with higher perceived benefits, or • a combination of both of these. Sustainable competitive advantage can result from: • organisation-specific resources, such as capabilities, information, knowledge and reputation, or • privileged market positions (created because they do not have the incentive to replicate another organisation’s actions), such as brand proliferation (Cool et al 2002, pp 55–56).

¶1-030 Challenges and opportunities in the HRM environment Changes such as globalisation, deregulation, technology and developments in financial markets have altered the basis for organisational success. During the 1990s, there was an emphasis on downsizing, restructuring and cost reduction. Traditional hierarchies were redesigned in order to become flatter. The span of control for many managers became larger and many managerial positions disappeared. For many organisations, success in the current dynamic environment requires flexibility and adaptability so that emerging opportunities can be grasped. The Strategic Business Unit (SBU) emerged as a popular organisational form. The SBU decentralises operational authority, emphasises accountability for results and reduces levels in the corporate office (Stace and Dunphy 2001). Another emerging organisational form is the strategic network that is represented by joint ventures and alliance partnerships. Some organisations have also focused on their core activities and outsourced “non-core” work to external providers. Transactional work, such as payroll and distribution activities (eg sales), have been increasingly subcontracted out so that organisations manage a network of relationships. Other challenges and opportunities confronting organisations concern the changing demographics of the workforce. Women with family responsibilities, an ageing workforce and generations with different expectations all pose challenges for managers. Changes in demographics The demographic characteristics of the people doing the work of organisations changed dramatically during the last years of the 20th century. The prevailing pattern for much of the 20th century was that men constituted most of the workforce and they undertook predominantly full-time work. This pattern was based on the belief that a man was responsible for providing for the material and economic needs of his family, that is, his wife and children, as evidenced in the Conciliation and Arbitration Commission’s first major wage decision in the Harvester case in 1907. If women did work, it was only when they were single; that is, before they married and had children. It is interesting to note that this belief underpinned the determination of wage rates in Australia for much of the 20th century. The demographic characteristics of a workforce influence the way people are managed. Individuals will have certain preferences about the quantity of work, type of work and their working conditions. These preferences can be influenced by factors such as their life stage, age, relationship status, family responsibilities, racial background, educational qualifications, state of health, ho