Health Workforce

Tuesday TalkAbout is Returning

Andrew C Wood Aged Care Workforce, Employment Agents, Employment Law, Employment Services, Governance, Health Workforce, Independent Contracting, Labour Hire Licensing, Privacy 11 Comments

Hooray! The veil has been lifted on the keenly anticipated autumn collection of Tuesday TalkAbout, which features four webinars on essential topics for recruitment and staffing professionals.

New Inclusions for Extended Discussion

We’ve updated the engagement design to include an extended Q&A session, when you can ask the questions that you’ve been wanting to ask and we’ll see if we can put you on the right path to getting the information you need.

We’ll also be providing prep materials to registrants on the Friday before the webinar so that you can join in, already having a basic understanding of the topic we’re discussing and so that you can formulate questions specifically tailored to your interests.

You can even join in discussion, before or after the webinar, via one of our two moderated LinkedIn forums so that you can follow through on questions that are of particular interest to you.

Finally, for webinar attendees, we’re including a post-webinar 15 minute complimentary phone chat, when you can raise those “quick questions” that you weren’t able to raise in the public session. Appointments do need to be made via the WorkAccord website, and the booking “window” will be open only in the week of the webinar (Mon to Fri) whilst appointments are available.

Autumn Collection:

Independent Contracting On-Hire: Where to from here? (29 March 2022)

The Australian High Court’s recent decisions in CFMMEU v Personnel Contracting and ZG Operations Australia Pty Ltd v Jamsek have certainly NOT made life easier for on-hire agencies who, overnight, may have discovered that workers whom they thought were their contractors are, in fact, their employees.

So, what can you do about that? You plan your service model restructure – that’s what you do. But there are plenty of questions to be answered as you set about doing that.

You can find out more about the webinar and register via the Eventbrite portal here.

Labour Hire Licensing Five Years On: What we know and still need to know. (26 April 2022)

Since 2017, we’ve been learning to live with four separate licensing schemes. What have we learnt and what do we still need to know?

Join us as we examine the performance of the four state and territory schemes and examine some of their more difficult aspects – taking a closer look at difference at the difference between labour providers who need a licence and mere “intermediaries” who don’t.

We’ll talk about:

  • the Victorian extensions
  • the worker exemptions
  • the data on licence conditions, refusals and cancellations
  • the prosecution cases so far – who is getting prosecuted and why
  • the challenges of regulatory over-reach in a federal system

We’ll talk about avoidance; how you might detect it; and what you need to do about it.

You can find out more about the webinar and register via the Eventbrite portal here.

Talking Privacy: What recruiters need to know (3 May 2022)

It’s Privacy Awareness Week. So what better time to schedule a privacy refresher for recruiters, whose day-to-day work involves the handling of large amounts of personal information ?

In this session we’ll be looking at the different privacy frameworks that apply to recruitment operations – especially those using cloud-based technologies, artificial intelligence, and offshore processing or sourcing.

We’ll talk about:

  • what is really “necessary” and how necessity operates to limit the type of information you can collect, use or disclose
  • ID scanning
  • data breach notification
  • what case determinations are telling us
  • responsibilities as a contracted service provider to government agencies
  • privacy impact assessments – when and why you need to conduct them

You can find out more about the webinar and register via the Eventbrite portal here.

Care & Support Sector Workforce & Governance Reform: What it means for recruitment & staffing agencies (31 May 2022)

The Care & Support Sector (Aged Care, NDIS & Veterans Support) is undergoing significant workforce and governance reform. What is going on and what does it mean for recruitment & staffing agencies? Will it be business as usual, or will the changes affect the way you need to operate?

In this webinar, we’ll be reporting on the state of the reforms and examining the role of recruitment & staffing agencies as “facilitators of care”.

We’ll ask whether there still scope for “all care, no responsibility” service models, and start to explore the changes you may need to be making to your agency’s operations and networks.

You can find out more about the webinar and register via the Eventbrite portal here.

Review your “Odco” arrangements…NOW!

Andrew C Wood Contracting, Contractor Management, Employment Law, Employment Services Agreements, Gig economy, Health Workforce, Independent Contracting, Locum, On-Hire 2 Comments
Photo by Pixabay on Pexels.com

On Wednesday, the High Court of Australia delivered its decision in CFMMEU v Personnel Contracting, holding that a UK backpacker, who was engaged and supplied by Perth-based Labour Hire firm, Personnel Contracting, as an independent contractor under the “Odco” system was, in fact, an employee. As a result, you should review your “Odco” arrangements … now!

The majority decisions

Three of the seven High Court judges, Kiefel CJ, Keane and Edelman JJ, considered that the original Odco Case, and subsequent cases that relied on it, contained “an error”, which represented “a departure from principle which should not be perpetuated” (para 59).

Two of the judges, Gageler and Gleeson JJ, thought that the present case differed from Odco because:

  1. the subject-matter of the contracts in Odco was not unambiguously hourly labour;
  2. the contracts between the workers and the labour hire company in the Odco cases did not oblige the workers to supply labour in a “safe, competent and diligent manner” (as they did in this case), but simply to “carry out all work” which the workers agreed with the clients of the labour hire company to do and which the workers “guaranteed against faulty workmanship”; and
  3. most importantly, unlike the terms of business used by Personnel Contracting in this case, nothing in the terms of business between the labour hire firm in the Odco cases and Odco’s clients placed Odco’s workers under the direction and control of the clients.

That was enough to allow the two judges to say that Odco should not be followed in the present case (paras 157 – 158).

Gordon J did not expressly deal with the Odco Case but decided, after considering the “totality of the relationship” as evidenced by the work contract, that the relationship was one of employment, not one of independent contract (para 200). The issue was not so much whether the worker was “in business for himself”; but whether his work was performed in the business or enterprise of Personnel Contracting.

It’s a very subtle distinction to make; but an important one, because (as explained at paras. 182-183) it enables the Court to focus solely on the legal rights and obligations set out in the contract, avoiding any inquiry into “subsequent conduct” of the parties or into whether the worker’s set up demonstrates “the hallmarks of a business”. In this respect, it is consistent with the approach adopted by the High Court in WorkPac Pty Ltd v Rossato.

A sole dissenting voice

Steward J, delivering the only dissenting judgment, was not prepared to stray from Odco. Drawing on a 2005 Parliamentary Report, his Honour pointed out (at para. 210) that:

‘Odco’ arrangements operate in a range of industries. Independent contractors working under this system include farm hands, doctors, secretaries, personal assistants, family day‑care workers, fishermen, salespeople, cleaners, security guards and building workers.

Serious challenges now face labour hire firms using the “Odco” method

His Honour’s explanation for not departing from the Odco Cases will be seen by many as forecasting the serious challenges that labour hire firms, who have relied on the Odco system, now face. At para. 222 his Honour stated:

Whilst this is not a criminal law case, overturning the Full Court’s decision in Odco would expose the respondent to significant penalties on a retrospective basis. That is unfair. It will also… greatly damage the respondent’s business and the businesses of many others. That is undesirable. It will also potentially deny to workers a choice they may wish to make to supply their labour as independent contractors, thus possibly undermining one of the objects of the Independent Contractors Act. Given the severity of these potential consequences, which will apply retrospectively, the fate of the Full Court’s decision in Odco should be a matter left for the legislative branch of government to consider.

Fallout

His dire warnings, may have many scrambling to undo their Odco arrangements in the fallout, and to put in place “compliance partnerships” with the FWO … unless the legislative branch of the government intervenes.

Though I can’t see that happening quickly … can you?

Andrew C. Wood

ACCC’s Collective Bargaining Small Business Class Exemption Procedure Finding Favour amongst Health Practitioners.

Andrew C Wood Collaborative Practice, Health Workforce Tags: , , Leave a comment
Photo by Canva Studio on Pexels.com

It’s been interesting to track the uptake of the ACCC’s streamlined procedure for granting exemption to small businesses wanting to engage in collective bargaining with customers and suppliers. As was expected, there was early uptake by newsagents and car dealership franchisees when the exemption procedures commenced on June 3, 2021. Somewhat surprising (or not, depending on your perspective and experience), has been the uptake by healthcare professionals.

Anaesthetists

In one application, the  Australian Society of Anaesthetists accessed the exemption procedure on behalf of anaesthetists treating public health system patients in private hospitals in Victoria. 

The Society indicated that is wished to negotiate about “processes to ensure the safety of public health system patients treated in private hospitals, industrial conditions and remuneration of anaesthetists participating in such treatment.”

Dentists

In another application, a bargaining group of dentists and dental practices significantly owned by members of the Australian Dental Association accessed the exemption procedure to collectively negotiate with private health insurance companies, their intermediaries, and payment gateway providers about the terms and conditions of provider contracts and policies and “all matters related to the conduct of the target businesses … including rights to contract”.

Observations

The subject matter of the exempted negotiations remains strongly “industrial”, at present. That might not be surprising.

However, locum agencies who have significant numbers of independent contractor locums on their books might start to anticipate that, before too long, independent professional health practitioners, who up until now have not had much access to collective bargaining, may shortly wake up to the fact that the ACCC’s streamlined process now gives them that access if they can organise themselves into bargaining groups.

At some point, recruitment and staffing agencies may also begin to recognise the potential to collectively negotiate on tenders – especially if their bargaining groups are able to harness competitive cost and supply efficiencies that can be available through networked arrangements.

It’s a fascinating development to watch unfold. And, whilst the streamlined class exemption procedure doesn’t compel the target to negotiate with the group, it might often be wiser to find ways of using the procedure constructively than to resist it. Recruitment and staffing firms and procurers of their services should take note.

Andrew C. Wood

WorkAccord’s Autumn “Tuesday TalkAbout” Programme: Healthcare Workforce Recruitment & Staffing Focus

Andrew C Wood Aged Care Workforce, Bigger Pictures, Collaborative Practice, Employment Agents, Employment Services, Health Workforce, Locum, Procurement, Recruitment, Webinar Leave a comment

Autumn TT promoIn WorkAccord’s Summer series of Tuesday TalkAbouts, we introduced the concept of “waypoints” as those points on a journey where we can pause, take stock, and choose the direction we will follow for the next stage. As the COVID-19 pandemic response has rapidly escalated, it seems that we might have rushed through several of those waypoints and might now be asking, “What comes next?”

Many within the healthcare recruitment and staffing sector are experiencing a sense of considerable uncertainty, which may become costly. For some, it has been a case of having been so busy that there has not been time to reflect on what has happened. For others, things have gone unnervingly quiet.

In our Autumn series of Tuesday TalkAbouts, we will be looking at points of continuity and change for healthcare recruitment & staffing professionals and asking, “What does it now take to be Leaders in the World of Work?”

We will also be working throughout this series to develop the Tuesday TalkAbout format to provide participants with an enhanced range of on-line/off-line and synchronous/asynchronous learning opportunities and resources. We’ll be keeping the free on-demand webinars while developing the live sessions to provide more interaction and opportunity for discussion.

I’m delighted, therefore, to extend to all a warm invitation to participate in this exciting collaborative project.

Our Autumn programme of seven free webinars is outlined below.

1. Platforms (21/04/2020)

Our first Tuesday TalkAbout presents an “under the hood” look at Recruitment Platforms for Recruitment & Staffing Professionals.

What are they? Where do they fit in the classification of recruitment & staffing services? How do we “read” them? What are some of the opportunities and risks associated with their use?

2. A Healthcare Workforce that Nobody “Owns” (28/04/2020)

A healthcare workforce is a complex, multi-actor (multi-nodal) system that possibly nobody “owns”.

What are its governance challenges? What do these challenges mean for stakeholders, including Recruitment & Staffing Professionals aspiring to be Leaders in the World of Work? How can they engage more effectively with the workforce to enhance the value of the contribution they make?

3. Healthcare Worker Engagement Models (5/05/2020)

Healthcare worker engagement models come in many different forms.

What models of healthcare worker engagement are most relevant for Recruitment & Staffing Professionals? How can they distinguish between different models to choose the ones that are the most suitable? What challenges do procurement approaches pose to the successful engagement of health workers with their workforce? How can Recruitment & Staffing Professionals meet those challenges?

4. Aged Care Workforce Update (12/05/2020)

The Royal Commission Into Aged Care Quality & Safety has been running since October 2018.

What progress has been made so far? Who making submissions? What themes are emerging that will be significant for Recruitment & Staffing Professionals working in the Aged Care sector? What will happen next? And how can we make a submission?

5. Telemedicine & Recruitment (19/05/2020)

Social distancing measures under the conditions of the COVID-19 pandemic presented many challenges to the way we have traditionally thought healthcare and health workforce recruitment should be practised.

What are the consequences for healthcare workforce recruitment and for Recruitment & Staffing Professionals working in the healthcare sector? In this Tuesday TalkAbout we will review some of the current literature and take a look at some recent practice developments in the field of Telemedicine.

6. Collaborative Supply Models: Concept (26/05/2020)

Collaborative Supply Models or “Networks” may provide useful answers to many of the challenges presently facing healthcare workforce structure and governance.

What form could they take? What role might Recruitment & Staffing Professionals working in the healthcare sector play in their development? In this Tuesday TalkAbout, we’ll look at some of the collaborative supply or network models that have been developed and deployed in Australia and overseas. We will begin to explore how they might evolve to create new opportunities for Recruitment & Staffing Professionals responding to a disrupted workforce environment.

7. Collaborative Supply Models: Topical Challenges (2/06/2020)

In this Tuesday TalkAbout, we’ll build on the concept of a Collaborative Supply Model which we developed In the previous session for Recruitment & Staffing Professionals working in the healthcare sector. We’ll focus on four topical challenges:

  • Candidate connection & protection
  • Competition
  • Risk & liability
  • Governance

You can register for this webinar here.

Let’s talk again soon!

Andrew C. Wood

 

 

 

 

Tuesday TalkAbout Returns with a Health Workforce Staffing & Recruitment Focus

Andrew C Wood Aged Care Workforce, Employment Agents, Health Workforce, Recruitment, Webinar Leave a comment

Slide1

Over the past couple of months we’ve all been affected by social isolation and lockdown. We’ve been learning new ways of working and new methods of getting things done. There have been signs that it’s been coming for a while, with recent Health Service tenders calling for submisisons on platforms, networks, and technologies to facilitate the process of assembling and managing a Health Workforce.

So, our first Tuesday TalkAbout in WorkAccord;s Autumn  2020 series will kick off with an “under the hood” look at Recruitment Platforms for Health WorkForce Staffing Professionals. What are they? Where do they fit in the classification of recruitment & staffing services? What are some of the opportunities and risks associated with their use?

I hope you’ll join us for our free ZOOM webinar at 8:30 am AEST on Tuesday 21 April 2020 when we’ll commence our 7 week discussion of Health Workforce topics.

And for those who are unable to make it, don’t worry. The webinar will be recorded and made available free and on demand for up to two weeks following the presentation.

You can register here or copy thand paste the link below in your browser https://us02web.zoom.us/webinar/register/WN_IaYSqLjeR1C9Zm6a_iuOpQ

Let’s talk again soon.

 

Andrew C. Wood

Royal Commission into Aged Care Quality & Safety seeking submissions. Might the recruitment & staffing sector bring something fresh to the table?

Andrew C Wood Aged Care Workforce, Employment Agents, Employment Services, Health Workforce, Procurement, Recruitment 1 Comment

Aged Care CommissionThe Royal Commission into Aged Care Quality & Safety continues to seek submissions to its December 2019 Consultation Paper.  Submissions can now be made until the end of April 2020.

The  January closing date, as originally proposed, was awful, with many people distracted by holidays, bushfires, storms, floods and return to schol.  But the Royal Commission has recently indicated that it will accept submisisons until the end of April. So, there might still be time to engage!

It would be marvellous to hear what contribution the recruitment and staffing sector could make to the design of a more effective aged care workforce.

That’s because one of the key questions on which submisisons are being sought is:

How could the aged care and health systems work together to deliver care which better meets the complex health needs of older people, including dementia care as well as palliative and end of life care? What are the best models for these forms of care?

It’s an important question. Sadly, the Consultation Paper puts it in the context of numerous system deficiencies.

[The current system] struggles to attract and retain sufficient numbers of skilled, knowledgeable and competent staff (p.3).

…low levels of clinical staff and personal carers in residential care and poor interfaces with the health system mean that some people may not receive the level of nursing, allied health and personal care services they need and would otherwise have had access to within the community or from the health system. (p.13).

The majority of staff are personal care workers rather than nurses or allied health professionals.  (p.14).

The delivery of services to rural and remote geographical regions in Australia is complex and differs for every community. It is impacted by multiple socioeconomic factors and the physical environment, such as the high cost of goods, utilities, transport, fuel, food and vehicles. There is often limited access to most government services and a shortage of staff to support those services. (p.18).

I reckon it would make a huge difference to address the challenge of designing a better aged care workforce from the perspective of appreciating the resources we do have. And in that context, it would be marvellous to hear about the solutions that innovative and resourceful staffing & recruitment professionals could suggest!

So, I’d like urge the recruitment and staffing sector to engage with the questions that are being asked and see if there’s something fresh that can be brought to the table – befitting “Leaders in the World of Work”.

How about it?

 

Andrew C. Wood