Labour Hire Licensing Acts (Qld & SA): Application to incorporated independent contractors

Blackboard IICsWith Queensland’s Labour Hire Licensing Act 2017 set to commence on 16th April 2018, and South Australia’s even earlier on 1 March 2018, it would be worthwhile for agencies, who on-hire incorporated independent contractors, to review their contractor arrangements to see how they might be affected. 

Provider of labour hire services

It has been assumed that, in a traditional tripartite arrangement, the agency is the party who enters into a commercial arrangement to supply a worker to a client. That’s reflected in the definition of  labour hire services provider contained in s. 7 (1) of the Qld Act.

“A person (a provider) provides labour hire services if, in the course of carrying on a business, the person supplies, to another person, a worker to do work.”

South Australia’s equivalent provision is similar in its focus on the supply of a worker to another person.

Application to incorporated independent contractors

But those provisions are just as capable of applying to incorporated independent contractor entities that supply their nominated workers to the agencies, or at the agency’s direction, to the agency’s clients.

APSCo Taxonomy

These are the type of contractors that, in APSCo’s taxonomy, are referred to as “Pty Ltd Contractors” and described –

“An independent contractor that is an incorporated company, which employs an individual to perform services and supplies them to an end user client. Alternatively, a third party company may act as the incorporated entity structure (i.e. payroll service provider). The company is responsible for the individual’s superannuation, tax and any insurances (as applicable and agreed between the parties).”

 Supply terminology

A question immediately arises as to whether the pronoun, them, refers to the individual or to the services.

If the reference is to the individual, then the APSCo definition seems pretty clearly to contemplate that, in the course of carrying on its business, a Pty Ltd Contractor supplies workers to another person to perform work.

If that supply comes within the meaning of “supply” as it is used in the Act, then it would seem to follow that the Pty Ltd Contractor is a provider of labour hire services and requires to be licensed.

Risk of offence if no licence

It would also seem follow that the agency that acquires the services of a Pty Ltd Contractor may commit an offence (Person must not enter into arrangements with unlicensed providers), if the Pty Ltd Contractor does not hold a labour hire provider’s licence granted under the relevant Act and is not exempt.

If, instead of referring to the workers, the pronoun them refers to the services, it will still be necessary to examine the arrangements under which the services are performed in order to determine whether they are performed by the individual working in the end-user’s business. If that is the case, there may be a supply of a worker to the end-user and the Pty Ltd Company would need to be licensed, as would the agency.

RCSA

In RCSA’s taxonomy these workers are referred to as “On-hire Contractors (Incorporated)” and described –

“An individual independent contractor engaged as an employee of a company which is typically controlled by the same individual as a sole or joint Director. There are examples where the individual will be an employee of a larger, multiple employee, company where the company nominates a key person for the completion of the work on assignment.”

Nomination terminology

The RCSA definition of On-hire Contractors (Incorporated) does not use supply terminology. Instead, it uses the terminology of “nomination” often associated with one of the key tests of a genuine independent contracting relationship – namely the power to delegate.

However, it may amount to the same thing as a supply if the nomination results in an individual’s services being provided “to help the client conduct its business in the same way, or much the same way, as it would through an employee”.[i]

Risk of offence

In that case, the incorporated entity, in the course of its business, is likely to be supplying its nominated person to the end user and therefore required to be licensed.

Once again, there would be a similar risk of committing the offence if the agency secures the services of On-hire Contractors (Incorporated) that are not licensed under the Act.

Industry definitions not determinative

Of course, neither the RCSA definition nor the APSCo definition is determinative of the question that needs to be asked. They simply represent attempts, from within the industry, to describe a common work model. To that extent, they both provide useful insights that may help agencies to analyse more closely the arrangements that they have with this class of workers and determine the extent to which the licensing requirements of the Act will need to be met.

The problem stems not from the RCSA definition, nor from the APSCo definition, but rather from the largely unexplored and unintended consequences of the Acts.

Administrative consequences

If the Acts do apply in the way their coverage provisions suggest they might, the administrative consequences – understood in terms of the cost and effort of administering a scheme that requires incorporated independent contractors to be licensed – are enormous and have been greatly under estimated.

A regulatory solution

One simple solution might be to exempt this particular class of worker (or provider) by regulations made under the Acts.

However, one difficulty with the Queensland Act is that it might not be available unless the supply of a worker by the incorporated entity is not a dominant purpose of the business ordinarily carried on by it. That might not be so easy to establish, given the type of entity that we are discussing.

Need to examine contractual arrangements

One further issue, which agencies will need to look at closely, concerns the contractual arrangements that exist between the agency, the worker, and the worker’s incorporated entity.

It will be vitally important to correctly identify whether it is the agency, the worker or the worker’s incorporated entity that is providing the substantial services – be they IT services, event planning services, design services, project management services, etc – to the client.

This may not always be clear, or accurately reflected, in the documentation that exists to support those contractual arrangements – if, indeed, any documentation exists at all.

Need to examine payment “obligations” between incorporated entity and worker

Finally, given the restricted definition of worker contained in both Acts,  it may also be necessary for agencies to examine closely the arrangements between the incorporated entity and the worker, which give rise to any obligation on the part of the incorporated entity to pay the worker, in whole or in part, for the work.

In that respect, it may become important to be able to distinguish payments made by the incorporated entity to the worker for the work from shareholder dividends, trust distributions or other remuneration that is not so clearly “for the work”.

Again, there may be limited documentation – and what documentation there is between the incorporated entity and its nominee may be inaccurate or unclear. In many instances, it might not be the sort of documentation that would usually be provided to agencies – though there may now be some incentive to ask for it!

Time is running

These are just some of the issues that agencies who work in this space will need to consider and resolve in the six months or so that remain before the legislation commences.

Given the number of contractors potentially involved and the variety of the arrangements under which they may work, that is not a very long time.

 

Andrew C. Wood

 

 

[i] For a discussion of this point see Wood, AC,  H.R. & Recruiters’ Casebook,  Lessons for Labour Hire Providers: JP Property Services Pty Ltd v Chief Commissioner of State Revenue (2017) 21 October 2017 https://recruiterscasebook.com/2017/10/21/lessons-for-labour-hire-providers-jp-property-services-pty-ltd-v-chief-commissioner-of-state-revenue-2017/

 

Queensland’s Labour Hire Licensing Bill: A Report Card on the Parliament’s F&A Committee’s Public Hearing.

Man reading newspapers with superimposed punctuation symbols uid 1461028

I’ve just finished viewing the televised replay of the Queensland Parliament’s Finance & Administration Committee’s public hearing regarding the Labour Hire Licensing Bill conducted in Brisbane on Thursday, 22nd June 2017. It makes absorbing viewing for anybody, with about four hours to spare and an interest in novel regulation that sets the benchmark for labour hire regulation in other states and territories.

Here are a few of my impressions of what happened.

Regulating for the Mood

About twenty presenters came forward to give evidence to the Committee regarding what they hoped the Bill might achieve; what they thought it would achieve; and what they thought it would fail to achieve.

I thought the Queensland Council of Unions’ opening comment pretty much set the prevailing mood:

If this industry had been able to regulate itself, obviously this sort of legislation would not be necessary.

A hit. A very palpable hit!

Although it’s not as if the industry hasn’t asked to be given the tools that would allow it to do that in the form of a nationally applicable prescribed industry code under the Competition and Consumer Act, or well-founded requirements for an industry developed certification scheme.

The QCU advanced a fill-the-gaps view of the role of labour hire that might have been true about 40 or 50 years ago, when the supply of “temps” to fill in for temporary work absences or overloads was bread and butter business for the industry.

However, that view doesn’t provide a satisfactory foundation upon which to base this legislative scheme, because it fails to appreciate the demands for flexibility and adaptability in contemporary supply chain operations. And it ignores the need for the more sophisticated auxiliary labour arrangements that are required to support those operations.

The QCU then went on to equate most types of outsourcing and casualisation to labour hire, without much distinction as to whether the business model used was one of labour hire or something else.

But that might not have mattered a great deal, because the Bill, itself, doesn’t seem to recognise that there is a distinction, which is a pity.

In failing to make a distinction between supply and use models of workforce services, the Bill spoils its own attempt to meet either of its objectives and will leave workers exposed to exploitation by the unscrupulous labour hire provider, who reinvents itself as an unscrupulous labour workforce contractor – that is to say, the other type of gangmaster that the Bill hasn’t quite come to grips with, yet.

Support for Objects

Virtually all presenters accepted that the objects of the Bill, namely to protect workers from exploitation and to promote the integrity of the labour hire industry, were worthy of regulatory support.

Although Ai Group did make a submission that the Bill should not include the object of protecting workers from exploitation, I didn’t get the sense that Ai Group was advocating carte blanche for labour hire providers.

Rather, it seemed to me that Ai Group was taking the more sophisticated position that regulatory protection and enforcement were properly the province of the regulatory bodies at both State and Federal level that already have lead agency responsibility, and substantial power under their governing legislation, to enforce compliance and to prosecute non-compliance.

The Ai Group objection, as I understood it, was that the Bill merely added additional layers of regulation and punitive measures that were not justified and that would disturb the complex balance of rights and responsibilities that existing regulation already created.

I sensed that Ai Group was contending that the purpose of protecting workers from exploitation, under this legislative proposal, would have been better served by concentrating efforts on promoting the integrity of the industry. That is to say, by supporting positive measures to promote the industry.

That view was supported by other presenters, who felt that the chief executive’s enforcement powers were limited to checking-up to make sure that license holders were complying with legislation that was the responsibility of other bodies; and that it amounted to little more than vicarious activity conducted on behalf of regulators, who had the primary responsibilities – if not to actual interference in other regulators’ territory.

Nevertheless, the Anti-Discrimination Commission of Queensland came out strongly in support of the Bill. Though we later heard from the Queensland Law Society that the ADCQ was already sending anything that looked “industrial” to the Fair Work Commission or the QIRC; and that the QLS thought that was the proper approach.

The point about how the Bill should be targeted was made in a slightly different manner, but convincingly, by the RCSA representatives, who contended that regulatory effort and resources would be dissipated to the point of uselessness under a universal scheme and would be far better directed towards improving standards of business conduct and industry performance in sectors, where it was needed most.

Other Presenter Highlights [with observations]

The following are a few of what, for me, were highlights of the presentations made to the Committee.

Unions Team (QCU, NUW, AMWU & United Voice)

Unions will likely intervene in licence applications if they know applicants aren’t complying with their obligations and the chief executive would be assisted by having information that the unions could supply.

The unions could not imagine how a licence scheme could operate on a limited sector basis.

[ACW: Although quite clearly it does under the UK Gangmasters Licensing Scheme.]

The FWO doesn’t have the resources to enforce its legislation.

ADCQ

A broad-based scheme rather than a limited sector scheme is preferred.

An amnesty arrangement may be needed to encourage vulnerable workers to come forward and leave exploitative arrangements without fear of prosecution.

Ai Group

If the Committee wants to know why exploitation has continued in spite of existing regulatory measures, it should ask the relevant regulators … and their political masters.

The wide meaning given by the Bill to labour hire services provider will have the consequence that small business plumbers, who provide back up support for each other will need to have labour hire licences.

[ACW: A good point! The same could be said for doctors and medical staff who provide roster cover for each other. Hardly seems to warrant licensing. Hope someone will remember to specifically exclude them in the regulations. It’s going to be a long list!]

Unions, having an active interest, will tie up licence applicants in review proceedings.

Group Training Organisations that are already regulated under the Further Education and Training Act 2014 should be exempted from the requirements to hold licences.

[ACW: This seems to be a good point. GTOs and PEOs under the Act already have employer responsibilities and are well regulated. Because they have an obligation to pay their trainees/apprentices (within the meaning of cl. 8 of the Bill), they are brought within its coverage.

The training organisations that need to be regulated are the ones that aren’t regulated under the Act and don’t have those obligations; and which are sometimes found aligning themselves with gangmaster businesses. These are the type of training organisations that are often at the centre of jobs scams which the ACCC prosecutes. But, unfortunately they’re not caught by the Bill and the Bill does nothing to protect workers from exploitation at their hands.]

AMMA

A true calculation of the regulatory burden of reporting needs to take account of the fact that workers may have been engaged in multiple short-term projects within a single reporting period.

There is a difference between recording the information and making it publicly available through reports. Some of the information will be sensitive personal information.

RCSA

The meaning given by the Bill to labour hire services provider is too broad and will catch businesses that should not be caught.

It will also result in many exploitative direct-hire arrangements, such as were identified in the 7-Eleven investigation, not being caught by the Bill.

The Bill will fail to achieve its objectives, unless its coverage is targeted to the sectors most at risk.

The proposed $2 million that will be spent annually on maintaining the scheme would only be a drop in the ocean under a universal coverage scheme.

The Bill doesn’t fix a window of time for interventions. Under clause 94(2)(a)(ii), interventions can be made within 28 days of the intervenor becoming aware of the decision – which could be any time at all.

[ACW: The position might not be quite so dire as that. Cl. 94(2)(a)(ii) applies to a cl. 93(1) applicant – i.e. a person to whom an information notice is required to be given and who will most usually be the applicant. The “open” time frame only applies if the applicant has not been given the information notice. A third-party intervenor, such as a union or welfare organisation, would be a cl. 93(2) applicant and therefore caught by the 28-day period that runs from the day when the decision is published in the Register. See cl. 94(2)(b)].

Users of labour hire services need to be engaged in the process, though the Bill does not give guidance about that.

Investment in enhancing industry performance – e.g. through schemes such as the certification scheme proposed by RCSA – will be more effective in improving standards, providing assurance and represent a better investment in combatting exploitation and promoting the integrity of the industry.

HIA

Unlike professional business licensing schemes, the Bill proposes no competency standards. All the proposed scheme does is duplicate existing compliance obligations under the overlay of licensing regulation.

Information placed on the public register may be appropriated for industrial purposes such as union recruitment programmes.

 [ACW: There is perhaps a greater risk of information in the reports being used for that purpose, though one would want to know what additional matters are likely to be prescribed by regulation for inclusion on the public register.]

Business competitors may become third party intervenors in licence applications.

[ACW: That seems unlikely in light of cl 94(3), which excludes other licence holders from intervening. However, there seems to be nothing to stop a licence holder separately incorporating a “social conscience” that would not need to have a licence and would therefore be able to intervene. It also seems possible that businesses that might not require licenses under the current scheme – e.g. harvest contractors who do not supply workers; but who assemble workforces to undertake short term projects and therefore provide a (substitutable) service in competition with labour hire providers – could intervene to protect their own patch. Note that under the GLA scheme, these types of harvest contractors ARE included in the licensing scheme coverage.]

Growcom

The meaning given by the Bill to labour hire services provider is too broad and will catch businesses that should not be caught – e.g. a farmer who loans a worker to his mate, Farmer Fred down the road.

[ACW: This could even apply (technically) to a farmer who provides workers to fight a bush-fire on a neighbouring property. Remember that, under cl 7(1), the farmer doesn’t have to be in the business of providing workers – it’s enough if, in the course of conducting his own business (running and protecting his farm), he supplies his worker to another person.  I doubt that regulations are ever going to be able to carve out all the exceptions that would be required under the flawed definition of labour hire services provider that presently appears in the Bill].

Harvest contracting appears not to be caught. Growcom pleaded with the Committee to make sure the definitions are clear because these alternative business models will become more common if they are not captured by the scheme.

Clause 93, which permits intervention by interested parties, is susceptible to the making of vexatious complaints.

Salvation Army & Freedom Partnership

Protection against exploitation needs to be extended to catch the exploitative practices of workforce logistics providers such as accommodation and transport providers.

The Salvation Army would use the information contained in cl. 31 reports to provide pastoral care and outreach to workers.

[ACW: Whilst there are few, who would dispute the value of the work done by the Salvation Army and its Freedom Partnership connexions, other observers, of a secularist persuasion, may entertain doubts and fairly ask, “Who else might want to make use of this information; and for what purposes?”]

Some labour hire providers have claimed to be a church in order to lure workers into exploitative arrangements.

[ACW: This is a grim reminder of the practices of the Nineteenth Century “Sugar Slave” recruiters who, by pretending to be missionaries, reportedly lured Polynesian workers on board their vessels to sing hymns; locked them in the hold and took them off to Queensland to work as indentured labourers. There is much ugly history that Queensland is perhaps still trying to live down. 

These are stories that should not be forgotten and there is a need to take account of them in order to better appreciate the policy behind the Bill. It is vital that the Parliament gets this legislation right.]

All parties need especially to be aware of the hardship and vulnerability to exploitation to which workers are exposed during “down time” due to wet weather or other work interruptions, when workers continue to incur high accommodation expenses that they are then unable to pay. The risk of slipping into debt bondage in such circumstances is high.

Queensland Law Society

QLS cautions against casting the regulatory net too widely and too heavily.

The Committee is correct to note that exceptions could easily be created by regulation made under clause 7(4). But we will need to see the regulations.

[ACW: That is true as a matter of legislative mechanics; but the real problem is that no one will think of all the situations that require regulatory exclusion. Who would have thought about the chicken sexers (excluded under GLA exclusion regulations); or Growcom’s Farmer Fred Down-the-Road; or the bushfire example, the plumbers, or the doctors providing roster cover for each other?]

Any information published about workers’ locations should be limited to broad geographical (regional) reporting using ABS regions, rather than reporting towns or addresses. Privacy needs to be taken into account to a greater extent than is presently indicated by the Bill.

QCAT is not well-resourced to deal with industrial questions that might arise in respect of licence applications, conditions, or interested-party interventions.

The Bill should be as comprehensive as possible in order to avoid everything being left to regulations, or the exercise of administrative discretions.

The Bill should include detailed criteria to guide the exercise of the chief executive’s discretions.

[ACW: At the moment, the Bill only says that conditions imposed by the chief executive are not to be inconsistent with the Bill. That falls a long way short of the requirements of the Legislative Standards Act 1992, which requires that legislation should make rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review. On this point, Queensland’s Legislation Handbook explains at para 7.2.1:

 “Depending on the seriousness of a decision made in the exercise of administrative power and the consequences that follow, it is generally inappropriate to provide for administrative decision-making in a Bill without stating criteria for making the decision …”

I don’t think anyone’s suggesting that the consequences of imposing licence conditions, or failing to comply with them, are not serious matters. So, where are the criteria?)

If the regulations deal with substantive issues, then there must be ample opportunity for public response and time to advise clients affected by the new laws before they take effect.

The Bill might also make provision for sunset review.

Report Card

In summary, whilst there was much fruitful discussion, there is still much work yet to be done.

Perhaps the greatest weakness in the legislative proposal is the fact that the Bill is not yet supported by the level of detail that is needed to guide the exercise of discretion, or to understand the true scope of the Bills’ coverage, or to establish standards and conditions for the holding of licenses.

Anyone who is interested in a more technical review of the issues raised at the public hearing, might like to read my companion post: Queensland’s Labour Hire Licensing Bill: Issues arising from the FAC Public Hearing 24/6/2017 (forthcoming).

It will remain the case that, until we see the regulations and perhaps until we know what some intervenor says are the conditions that should be imposed upon a license holder, we just will not know how the terrain of the labour hire industry may be likely to change under the influence of this proposed legislation.

Andrew C. Wood, Hon FRCSA (Life)

12 month non-solicitation clause held enforceable against ICT on-hire employee: First lessons.

silhouette-of-scaleThe decision of the NSW Supreme Court in Thinkstorm Pty Ltd v Farah [2017] NSWSC 11 (per Lindsay, J) which was handed down on 30th January 2017, is instructive for what it tells us about the enforceability of non-solicitation clauses in professional on-hire employee contracts.

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Restraint of Trade and Cascading Clauses: How It All Came Tumbling Down!

spectacular-waterfalls-0068The recent decision of Victoria’s Court of Appeal in Just Group Limited v Peck [2016] VSCA 334 (20 December 2016) is a timely reminder to exercise care when drafting restraint of trade clauses.

Even when “cascading” provisions are used, parties should not expect the court to do the work of making an agreement for them.

The case concerned a restraint imposed by Just Group Limited to prevent its CFO, Ms Peck from joining a competitor, Cotton On. Continue reading

Unfair terms in standard form small business contracts in the independent contracting sector – First questions.

With only eight weeks to go until the unfair terms in standard form small business contracts reforms take effect on 12 November 2016, and with the ACCC having indicated that the independent contracting sector is clearly in its sights[1], I am hoping that someone is looking at how this is going to play out for independent contractors and their principals in the recruitment, on-hire, and contracting industries. 

I might be about to ask more questions than I can answer; but let me ask them anyway and see if they bring a few issues into sharper focus.

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Defining the Undefinable. Pursuing the illusive definitions of “independent contracting” and “employment”.

In the lead up to the 2016 federal election, the ALP committed “to work with workplace relations experts and practitioners, employers and unions to develop a definition of independent contracting that will provide certainty to workers and employers”[1]. Despite losing the election, there are still plenty of people involved in state and industry politics, who would like to do much the same thing.

So, let me explain why I think that heroic attempts to define independent contracting and employment are futile; and quite possibly counter productive, other than to reveal what the workplace relations experts already know – namely that the terms are neither defined nor definable.

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Recruitment, On-Hire & Contracting Agencies: A closer look at the upfront price provisions of the unfair terms in standard form small business contracts reforms.

Teacher 3From 12 November, 2016 the Australian Consumer Law will provide that a term of a small business contract is void if:

  • the term is unfair; and
  • the contract is a standard form contract.

We are exploring each of these key expressions as we prepare for the 12 November reform commencement date. So far, we have been looking at the definition of small business contract. A contract is a small business contract if it meets both a headcount requirement[1] and an upfront price requirement.  We have already considered the headcount requirement; let’s now examine the upfront price requirement.

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7 Market-Driven Features of the Fels Wage Fairness Panel Inquiry into the 7-Eleven Franchise

For anyone who might be looking for evidence of the effectiveness of market-driven initiatives in tackling labour exploitation, seven features of the Fels’ Panel inquiry into wage fairness within the Australian 7-Eleven franchise are worth noting. Continue reading

Waddles like a duck, quacks like a duck; but occasionally honks!

Not everything that goes under the label, “labour hire” these days is labour hire. And that can be a problem – especially when an inability to nuance between different categories of employment services results in all being tarred with the same brush, or when terms of business misalign with the agreements for the supply of employment services that the parties have actually made.

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Work Contracts, Four Walls and Robert Frost; or how law is being disrupted by the #FutureofWork

Something there is that doesn’t love a wall,

That wants it down…

(“Mending Wall” by Robert Frost, 1914)

 

[Reproduced from an article I published in The RCSA Journal, December 2015]

Publication1

I’ve been intrigued by the conversation about the future of work and the way in which #Digital; #Mobile; #Social and #Just_About_Anything_Else_With_A_# have been #Disrupting the workplace.  It’s been a hashtag fest. And that’s been a good thing.

Although RCSA conferences over the past few years have been laying the groundwork, I was provoked most recently to think about this again after reading a couple of blog articles by Jeremy Scrivens[1].

The first one that caught my attention was titled, Future of Work is The Restoration of Authentic Community at Scale[2]; the second was The Future of Work is Business as a Community of Purpose and Belonging[3]. These articles seemed to be making some important points about the How, the What, the Why and the Who of the future of work[4].  Well, I retweeted them both, of course!  And then I asked myself, why are we talking about this as though it’s always coming; but never quite here?

Surely, if these disruptive influences can already be identified in some work settings, this Future of Work, this re-scripting of the fundamental narrative about Work and the Firm is already happening. So, what are we going to do about it? Because at some point we have to do something – beyond preparing (or borrowing from) another prophetic keynote speech! At some point, we need to assess what is happening – not just to the workplace; but to the foundations of what believe, or think we believe, about Work and the Firm. And then we need to adjust for it in ways that help to realize and release this positive and productive force that is the #FutureofWork.

Now, as a lawyer, it’s the adjusting that I find to be the most fascinating and challenging aspect in all this, because it makes us first take stock of what we’ve already got – a legacy of three centuries of enclosure that have shaped our thinking about what is normal for work relationships. Think about it. When we are setting up work agreements, we are often thinking in terms of locking in, tying up, tying down, and making water-tight a set of rights and obligations that are capable of judicial enforcement. Nowhere is this more apparent than in the so-called Four Walls provisions that appear in many of the contracts that we use on a daily basis. You know them as the provisions that say something like:

This agreement contains everything that we have agreed; and we have not agreed anything that is not in this agreement; and we will not agree anything that is not in this agreement unless we agree it in writing and put it in this agreement.

Everything that we have said in the past is of no account; and anything that we may say in the future is of no account…

Authentic community? Community of purpose and belonging? It seems that we have accepted the proprietorization (Spellcheck tells me that is not a word, so I had better make it #Proprietorization) of work relationships; and, in the process, we have lost sight of the connection of work to community – at least to the extent that the authenticity of our work relationships is now strained and overdue for re-evaluation.

And that re-evaluation is what I am having to do right now as I set to work on designing new ways to charter more open and permeable work relationships. It is a challenging and confronting exercise. I am having to find fresh language to script new narratives of work and of the firm. I am needing to think not so much in terms of ownership (possession, exclusion; fencing out) as in terms of stewardship (care, inclusion, fencing in). I am needing to think not so much in terms of obligation as in terms of co-operation. And I am having to find ways to charter co-operative relationships that are sufficiently elastic to accommodate disruption and change and yet firm enough to support productive engagements. Others of you, who work on contracts, are no doubt similarly engaged. It will take all our skill – and perhaps skills that we do not yet have – to get it right. And that is exciting.

OK, so perhaps, “Spring is the mischief in me” after all; and I could say, “Elves”. But it’s not elves exactly and I’d rather you said it for yourselves… with or without the #hashtag!

Andrew C. Wood

[1]  Work Futurist & Social Business Culture Catalyst - Director The Emotional Economy At Work
[2] https://www.linkedin.com/pulse/future-work-restoration-authentic-community-scale-jeremy-scrivens
[3] http://www.kinshipenterprise.com/_blog/Blog/post/Business-Community-Purpose-Belonging/#.Vilx8PkrKUl
[4] https://www.linkedin.com/pulse/why-companies-struggling-engage-workforce-future-digital-scrivens