Recruitment & Co- Autumn 2023

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Recruitment & Co is published by the Association of Professional Staffing Companies Australia (APSCo Australia).

Editorial submissions: carly@apscoau.org

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Our hard work is paying off

Lesley Horsburgh Managing Director APSCo Australia

It’s been a busy start to the year for the APSCo team with lots on the agenda for 2023.

We are certainly seeing the hard work of the last few years paying off with growth across our full and affiliate Membership. Our hugely successful return to face-to-face events was a welcome lift not just for our profession but the APSCo secretariat too and we look forward to bringing more opportunity for Members to network and learn throughout the rest of this year

We have embraced 2023 with gusto; our lobbying and advocacy work to gain recognition for the professional services markets from Federal Government is gaining momentum As I write this, I am preparing for meetings with several Government departments in late March, following previous discussions with DEWR in late 2022 and Minister O’Connor’s office just last week. I am confident that APSCo is building important relationships that will position us as a voice of influence for the professional recruitment market.

Right now, the team is preparing for our upcoming annual conference – Emerge 2023, on May 25th. Once again, we will take residence in one of Sydney’s iconic buildings – this time the Museum of Contemporary Art, for a day of learning and sharing, providing insights across legal and compliance, risk, M&A, Cyber, Tech, AI, the future of work and marketing This has fast become the flagship event for professional recruitment leaders and we look forward to seeing you there

Of course, our BAU content continues to bring best practice to the fore with new modules to our certification program addressing the new obligations to a positive duty of care for employers in relation to workplace bullying and sexual harassment. Our networks and Member meetings have resumed, with some new groups on the horizon for Members. Our webinars continue to be well attended with our first few of the year exceeding registration numbers in the history of APSCo.

As the Government continues to review migration settings, skills and education and provisions for casual workers we will continue to convey our Member position via consultation and provide timely updates and education to keep our Members informed

2023 is going to be yet another year of opportunity, challenge and change and I am passionate about ensuring APSCo is taking charge for our Members and the wider profession.

LESLEY HORSBURGH

APSCo Australia Managing Director

Recruitment continues to get more complex even as we try and simplify

Steve Smith Director, Sirius People

As we head into the last quarter of the 2023 fin year the recruitment industry is facing new and ongoing inflationary pressures; and raising interest rates are symptoms of the continuing fallout of the COVID-19 pandemic causing ongoing disruption to the economy and job market

Additionally, changes in industrial relations and the recent passage of the Secure Jobs Better Pay Bill are potentially looking to reshape the landscape of employment

These issues compounded with other ongoing challenges such as general economic uncertainty and visa processing times in Australia are leaving business leaders unclear and uncertain about what the next 12 months will look like.

The Secure Jobs Better Pay Bill, which was passed at the end of 2022, provides greater protections for workers and gives them more rights in the workplace. While this is a positive development for workers, it may make it more difficult for employers to hire and manage their workforce. The recruitment industry must find ways to navigate these changes and help employers find and retain skilled workers within the new regulatory environment.

In Australia, the economy is facing a period of uncertainty due to global economic challenges, geopolitical tensions, and domestic policy decisions We have seen this start to increase volatility and unpredictability in the job market, making it more difficult for the recruitment industry to match job seekers with suitable employment opportunities The industry must find ways to adapt to these changes and provide employers and job seekers with the tools they need to navigate the uncertain job market

Visa processing challenges are also posing difficulties for the recruitment industry The Australian government has been facing issues with visa processing, which is leading to delays and uncertainty for workers and employers alike APSCo are working hard at the moment to engage government on many issues as we work to ensure that we have a voice on these matters Productivity in the workforce, changes in industrial relations, economic uncertainty, and visa processing challenges are all posing difficulties for the industry in 2023

For me personally I have just seen Sirius People which I started in 2003, turn 20 years old and as I reflect; the challenges are different today from when I started. One thing is true and that is the nature of business and recruitment particularly continues to get more complex even as we try and simplify. Good luck to everyone for the end of 2023 financial year.

STEVE SMITH

Director, Sirius People, APSCo Australia Chair

MAYDAY Recruitment Group announce acquisition of Elevate Corporate Training

The acquisition of Elevate was a natural next step for MAYDAY, following the creation of a training

The Elevate methodology tailors every training session to the people within the room, so whether they re a brand-new recruit or a long-standing veteran, attendees gain maximum value for their time, and embody learnings that they can immediately put into action to achieve results

Our team will conduct a thorough discovery session to understand training needs from a management perspective, followed by a series of short phone interviews with select attendees ahead of the session to gain their perspective on key areas of development.

Workshops are then specifically designed and delivered with a mix of theory and practical activities that ensure learning is fun, engaging and leaves everyone feeling like their time was well invested. Each participant puts together a thorough plan of how they will embed and implement their learnings, which they are encouraged to share with their managers for further and regular development updates.

There is also the option of follow-up coaching with an Elevate Coach to continue to open the attendees to new ideas and possibilities, and of how to successfully roll them out

Attendees are not only encouraged but inspired to participate actively in the sessions as the most influential training is not a ‘sit and absorb’ experience

The power of discussion is critical, the shared insights, implementing learnings where attendees will sit forward and take note, and where long-term memories are formed that have a real impact on their work.

Our recruitment training team are all extensively experienced within the recruitment industry, including cofounding Director of MAYDAY, Imogen Storie, CEO Lynne Johnston, Training Manager Vanessa Cole & MAYDAY’s first million-dollar biller, Caroline Soutar

Each brings a strong passion for developing others, and real-world examples of their trials and tribulations along their journey to success; it’s often in the sharing of where things went wrong that others’ bravery grows, and lessons shared become lessons learned

All workshops have been tried and tested on MAYDAY’s internal teams and leaders, with a real focus on how and where to improve the content and delivery for future attendees.

Feedback for the Business Development Success Program:

“As a Senior Recruiter, this was a great way to refresh on business development training as well as learning new ways and methods of doing recruitment, some of which I have already implemented to educate clients and close deals Vanessa, Imogen and Caroline bring great energy to each session, they all present well, make learning easy, enjoyable and ensure everyone is engaged and contributing to sessions

Whether you’re an old timer like me or new in to the recruitment scene, I highly recommend this training programme to anyone doing business development.” – Jordan, Attribute Group

Talent appoints global CIO, Meagan Jeffery

Talent has today announced Meagan Jeffery will be joining the company as Global Chief Information Officer, effective immediately.

Meagan will work closely with Talent’s Global CEO, Mark Nielsen, and the wider Talent team, focusing on building Talent’s technology function, leveraging enablers such as data and AI and also provide contractors and customer with the highest level of service.

Meagan joins Talent following an extensive career spanning more than 25 years in the technology sector She has held roles in retail and investment banking, superannuation, insurance broking, energy, utilities, and federal and state government. In recent roles she has advised and supported boards, CIOs and IT executives with strategic planning, digital transitioning, and sourcing of technology services.

Having worked in Australia, South Africa, and the UK (London), Meagan is cross-culturally sensitive and able to provide effective, hands-on leadership and motivation to teams with varied cultures, work ethics and social customs.

Commenting on the appointment, Meagan Jeffery, said “It’s an honour and exciting for me to be joining Talent and an exceptional team. I’m looking forward to the challenges and opportunities this role will bring. It will be our mission to rethink technology and strive for digital transformation to make a real impact to the organisation and our customers. I am also fortunate that with Talent I can continue CIO advisory services and maintain my board career.”

Talent Global CEO, Mark Nielsen, said he is thrilled on having Meagan join team Talent, “As we continue to take Talent to the next level, I am extremely excited to have someone of Meagan’s calibre join our global team Our goal is to ensure we build out a world-class technology infrastructure that supports the step-change we are going through Not only will Meagan bring her expertise to the Talent business but to our Avec service line and our customers ”

Meagan Jeffery, Global Chief Information Officer, Talent

How MSPs can help face economic uncertainty

With the most aggressive tightening of monetary policy in decades and economic uncertainty looming, Managed Service Providers (MSPs) can help bolster your business.

A well-managed MSP can help grow recruitment businesses They’re designed to streamline processes and help place more candidates in the right roles, faster. MSPs help clients effectively manage their workforce and can increase recruitment suppliers’ access to vacancies, with some agencies able to build whole divisions around filling MSP roles.

So, what can MSPs do to help stare down the barrel of an economic downturn?

Firstly, we know cash is king Not only in tough times, but always. With interest rates rising at the fastest pace in years, now isn’t the time to be out of pocket. Most MSPs offer early payment facilities to recruitment suppliers. These can improve cash flow, reduce interest repayments, and free up cash to fund growth and expansion projects.

Early payment programs work by allowing candidates to be paid straight away ensuring they have the best experience MSPs then pay recruitment suppliers in an agreed timeframe, usually a few days, regardless of whether the client has paid their invoice. This means the margin for placements hits agency accounts faster.

Secondly, keep on top of compliance. MSPs make it easy to mitigate risk and remain compliant by shining a light on critical compliance areas Whether through Vendor Management System (VMS) technology, briefing sessions, support services or audits, MSPs help stay on top of everything from pay rates and preemployment checks to labour licences and casual conversion obligations. The processes and requirements built into MSPs act as a guide to help recruiters and clients minimise business risk.

Mark Coyle CEO APAC, Impellam Group APSCo Director

Finally, MSPs help reduce costs while expanding access to vacancies Through MSPs, jobs land on recruitment desks without the need to invest heavily in business development and marketing initiatives With a steady stream of jobs coming through, recruiters can devote time and resources to finding and placing top quality candidates. Strong fill rates and engagement with MSPs typically create opportunities to expand supply to other job categories and customers, which means more jobs, more placements, and more margin

MSPs are here to support recruitment supply partners to achieve mutual growth. In the face of uncertainty, there is also opportunity to strengthen partnerships and explore collaborative solutions to build better businesses.

What is ChatGPT?

I admit I wasn’t that familiar with ChatGPT, but it kept coming up in conversations almost daily Being inquisitive, I opened a web browser, searched ChatGPT, plugged in the following query ‘how can ChatGPT help the recruitment industry’ and within 20 seconds it returned the following:

As an AI language model, ChatGPT can benefit the recruitment sector in various ways, particularly in ad writing and job description writing

Here are some examples:

1. Ad Writing:

ChatGPT can help recruiters write compelling and engaging job ads that attract the right candidates. By analysing data on job requirements, candidate preferences, and industry trends, ChatGPT can generate ad content that resonates with potential applicants This can save recruiters time and effort, while also increasing the chances of finding qualified candidates.

2. Job Description Writing:

ChatGPT can also assist recruiters in writing detailed and accurate job descriptions that clearly convey the responsibilities, qualifications, and expectations of a role. By taking into account the specific requirements of a position, as well as relevant legal and compliance

considerations, ChatGPT can generate job descriptions that are effective and compliant

3 Language Processing:

ChatGPT can assist in processing large volumes of resumes or other such documents to perform tasks like filtering out irrelevant applications, detailed analysis of applications thereby prioritizing applications based on the desired parameters

4 Personalized Feedback: With the use of NLP techniques, ChatGPT can provide personalized feedback to candidates or even hiring managers, thereby helping improve the efficiency of the interview process, while also making the experience more positive for all parties involved.

Overall, ChatGPT can enhance the recruitment process by making it faster, more efficient, and more effective

Anthony Whyte General Manager, Talent APSCo Director

By leveraging technologies such as AI, natural language processing, and machine learning, recruiters can leverage the power of ChatGPT to improve their recruitment practices and find the best talent for their organizations.

My personal view is that some of the benefits are:

Time-saving: it can handle multiple conversations at once, saving recruiters valuable time in the hiring process.

24/7 availability: it’s always available, even outside of business hours, allowing applicants to interact with the company at their convenience

Personalized experience: it can gather information about the applicant and tailor the conversation to their needs, creating a more personalized experience.

Improved engagement: it can engage with applicants in real-time, providing immediate feedback and increasing overall engagement.

Data collection: it can collect data on applicant responses, allowing recruiters to analyse candidate preferences and improve the hiring process

Whilst the benefits are impressive, there are several issues that you need to be aware of, being:

Who owns the data and where is it stored?

Companies that look after sensitive information will need to train their staff on what information they can and can’t input into ChatGPT. Alternatively companies will completely ban the use of ChatGPT.

Not everything on the web is true and accurate, therefore ChatGPT’s response to a query may be misinformed.

It plagiarises information –so to remain unique, add/tweak your personal touches

ChatGPT is great to build a foundation but remember how imperative it is to add flair to things like job ads.

What’s happening to the tech industry with constant layoffs?

It seems every other day a technology company is announcing layoffs. With chat GPT, Ai, machine learning and robots now becoming more mainstream, have we contributed to our own demise over the last few decades replacing the very industry that has fed our families over that period? Is this the beginning of the end for IT Recruiters all around the world?

Nah I don’t think so

The crazy pandemic boom times for the tech industry were never going to persist or be sustainable. Unfortunately, the layoffs appear to be a result of companies realigning their staffing to return to normal pre pandemic patterns. There were some extraordinary recruitment strategies adopted during the pandemic; perhaps, this too, will settle down as the number of available candidates increase

The layoffs are not just tech roles, they are widespread in tech firms that benefited greatly during the pandemic by improving IT systems and supporting flexible work. With many firms still requiring tech specialists competition for talent in the tech sector will remain fierce into the foreseeable future

We are seeing a a greater emphasis around the value of sovereign capabilities and manufacturing The pandemic has once again highlighted the importance of local supply chains and the risks associated with offshoring. Technology will play a pivotal role, as it will be necessary to compete with cheaper labour costs overseas. Innovations in Green energy, Space, AI, and Robotics are all showing signs of significant growth, indicating that overall, the IT industry is still in good shape

Focusing on the Canberra market, the Federal Labor Government is continuing to push back on contractors, which has been evident since the new year.

John McCluskey, Managing Director, Whizdom APSCo Director

To see what functions and programs will be cut or funded, we are waiting for the upcoming Federal Budget and Defence White Paper.

Hopefully most of the Federal cutbacks come to an end, because we risk losing local IT talent to other cities unless the Federal Government provides some stimulus in the budget.

Personally, I am still quite optimistic about the employment market and tech sectors across Australia.

APSCo Australia's full-day, face-to-face conference, Emerge 2023 is just weeks away. Now in its third year, this prestigious day has quickly become a must attend event for recruitment industry leaders and managers.

Held at Sydney's Museum of Contemporary Art, Emerge 2023 will bring together legal and cyber-security experts, heads of industry, progressive thinkers, business leaders and technology

masterminds who will take attendees on a deep dive into the future of work, all while contemplating the complexities of an uncertain economy, renewed cybersecurity threats and changing workplace legislation. Featuring keynote presentations, discussion panels, and Q&A sessionsattendees will walk away from Emerge 2023 with a roadmap to negotiate the evolving staffing and recruitment landscape.

ThankyoutoourSponsors

Attendees will also get the chance to witness an artist at work in the Museum of Contemporary Art, with highlights of Emerge 2023 visually documented on a canvas mural by localSydney artist, Don Paull, of Fangaroo.

We'll conclude the day with canapes and networking drinks overlooking Sydney's stunning harbour and raise some funds for charity with the auction of the Emerge 2023 mural.

To express your interest in Emerge sponsorship, please contact Carly Fordred at APSCo Australia.

OurSpeakers

REANNA BROWNE Futurist & Director, Work Futures

PROFESSER PETER DAWKINS AO Interim Director, Jobs and Skills

Australia

ASHLEY ROSE Partner, Squire Patton Boggs

DUDLEY KNELLER Partner, (Technology, Cyber, Privacy) Gadens

MIKE BEELEY CEO, Lightbox Communications

PAUL MASTERS Managing Partner, Sovereign Private

AARON MCINTOSH Managing Director, APAC Bullhorn

LAURA REGAN Legal Counsel, Davidson

GEORGE HAROS Partner - Employment Law, Gadens

NICOLA MARTIN Partner, Labour & Employment Practice Group, Squire

Patton Boggs

MARTIN RICHARDSON, Founder, Ready Set Recruit Legal

What were top performing recruitment agencies doing in 2022?

While most staffing and recruitment agencies saw growth in 2022, certain practices were more likely to separate those who saw the highest gains in revenue from those who suffered revenue losses Agencies with the highest revenue gains were twice as likely to have digitised their data as those with the greatest revenue losses and nearly twice as likely to use automation heavily, according to Bullhorn’s Global Recruitment Insights and Data (GRID) 2023 Industry Trends Report

Most (84%) recruitment agencies in the APAC region have begun implementing a digital transformation strategy, ahead of the global average of 77%.

However, many are still in the early stages. Only 30% said they use self-service technologies such as chatbots to streamline operations and engage candidates, and only 16% heavily leverage automation throughout their business.

Acquiring new candidates remains the top priority

Perhaps given the severe impact of talent shortages, APAC recruitment agencies again cite acquiring new candidates (39%) as this year’s top priority. The second biggest priority is winning new clients (34%), followed closely by digital transformation (33%).

Despite feeling optimistic about their business growth prospects, APAC recruitment agencies continue to face client-related challenges. The most pressing is an increase in job requisitions that are too specialised or demanding (according to 23% of respondents), followed by a reduction in overall job requisitions (21%), and a lack of communication from clients (14%).

Engaging existing talent leads to higher revenue gains

For APAC recruitment agencies, candidate acquisition remains a challenge: 59% cite the talent shortage as a top challenge in 2023, compared to the global average of 56%.

However, agencies that followed certain best practices in engaging candidates were 30% or more likely to report revenue gains in 2022, according to the global survey results.

These best practices include engaging with passive candidates in the agency’s database, soliciting referrals from candidates, and using candidates’ preferred methods of communication, among others.

The two practices most correlated with success worldwide were redeploying candidates and database utilisation

The firms that lined up the highest proportion of workers for new roles before the end of their assignments and those that most frequently filled a position with a candidate already in their database were twice as likely to report revenue gains last year and 50% more likely to expect gains in 2023

However, fewer than 10% of firms use automation to redeploy candidates.

Reasonable notice claim costs employer

The recent case of Daigle v SCT Operations Pty Limited [2022] NSWDC 364 (Daigle) has highlighted the importance of ensuring that employees have an agreed, lawful period of notice of termination in their employment contract.

Gadens' George Haros, Siobhan Mulchay, Diana Diaz and Leo Rodrigo explain more about the case

In Daigle, an employee was made redundant and received five weeks of notice and 12 weeks of redundancy pay in accordance with the NES after 16 years of employment

Their contract did not contain a notice clause

The NSW District Court held that he was instead entitled to eight months' reasonable notice as well as an amount in respect of a performance bonus.

Where there is no express notice of termination clause, courts may imply a term that provides employees with 'reasonable notice'.

Usually, this requires that a 'gap' in the employee's entitlement needs to be filled

What constitutes a reasonable notice period depends on factors including an employee's age, length of service, salary, seniority of position, and availability of other employment

Depending on the circumstances, reasonable notice could be significantly higher than the minimum period of notice required under the NES.

Although reasonable notice claims pose real risks in many Australian jurisdictions, there are practical steps that employers can take in order to minimise the risk of successful claims.

For more information, visit the Gadens website here

George Haros, Partner

Siobhan Mulchay, Partner

Diana Diaz, Special Counsel

Leo Rodrigo, Lawyer

It’s Temp Time

A common conversation in 2023 is about uncertainty. Inflation, interest rates, global events, and local legislative changes.

Sometimes we talk ourselves out of success.

The past couple of decades have shown us that when business conditions change then perm recruitment drops and drops fast Benchmark data shows we have already slightly fallen from the peaks of a year or more ago.

In these circumstances the non-perm revenue is what saves the business and provides a foundation for re-growth. For most recruitment agencies, non-perm revenue is temp and contract revenue

We are joining a long list of commentators urging recruitment agencies to analyse their current lines of revenue, stress test them for a potential change in business conditions, and implement strategies and actions to improve the sustainability of their business.

Where to start? Or how to reinvigorate your temp & contract processes after the buffet of Perm opportunity has been the focus for the past few years

Staffing Industry Metrics benchmark data sets the foundation for measuring and understanding your business mix against the industry

Younique Coaching (and others) focus on building robust temp recruitment strategies and trained consultants that can succeed in the fast and disciplined contingent market.

Ready Set Recruit Legal educates and prepares your business with the frameworks and compliance needed in this changing environment.

Rod Hore HHMC Global

These APSCo Partners, and others, are ready to provide the expertise and services needed to help you succeed.

But it is leadership that will make this successful. The discipline to bring the organisation towards solutions with forward revenue, and to celebrate the gradual rise in non-perm revenue as a contribution to Gross Profit

Business owners, as always, are not the victim of circumstances They are the drivers of their own outcome

Learning fuels growth and agility

LinkedIn's recently released Workplace Learning Report 2023 shows that L&D is certainly on employers' minds. That's why LinkedIn has curated a list of courses to support with upskilling in some of the most in-demand skills in the country right now.

Across the globe, people are craving career progress – and learning and development (L&D) can lead the way

According to LinkedIn’s newly launched 2023 Workplace Learning Report, employees’ number one motivation to learn is “progress toward career goals”

LinkedIn’s report is based on a global survey of more than 1500 L&D professionals, 700 learners and platform data The report showed that to build a resilient and adaptable future, learning leaders are partnering with HR to ensure their workforce has the right tools, the career paths and skills to succeed

On an encouraging note, employers are paying serious attention to their employee’s motivation to learn and get ahead, and 38 per cent of L&D leaders in Australia expect to have more spending power this year, and remain committed to investing in learning

The report also found that 93 per cent of organisations are concerned about employee retention

As a result, learning and development professionals are working on aligning skill building with career growth as the foremost way to retain and engage employees

In ANZ and beyond, it is clear that learning leaders are recognising the need for new, people-centric playbooks to develop employees and organisations towards a resilient and adaptable future Many L&D professionals are also advocating for learning as the engine of growth, agility and retention; people who aren’t learning will leave

“Learning is key to your resilience as a business. If you invest in curiosity, learning and agility for your workforce, you will be able to bounce back from setbacks, adapt to change and be more ready for whatever comes next,” says Cat Ward, Vice President at Jobs for the Future, a non-profit focused on transforming the American workforce and education system.

But L&D isn't only an attraction and retention tool

LinkedIn’s global report also revealed that 89 per cent of L&D professionals agree that proactively building employee skills will help them navigate the evolving future of work. Similarly, 85 per cent of learning leaders across Australia & New Zealand (ANZ) felt the same

“The word 'agility' is one I’m hearing the most as I meet with my peers to discuss strategy for the year ahead, and it all starts with skills,” saysLinda Jingfang Cai, LinkedIn’s Global Head of Learning and Talent Development.

“Forward-thinking organisations need to create environments that embrace and unlock the potential of the whole employee ”

For individuals, agility fuels career growth and relevance. For organisations, agility is the ability to survive and thrive even amid economic headwinds. What is agility, if not constant learning?

“Consider this [report] to be your road map to thriving amid uncertainty,” says Cai. “We need to empower people by providing them with durable, relevant skills that can stand up to any changes in the market.”

Ten top skills

LinkedIn’s data also reveals the ten most sought-after workplace skills

Human skills such as management, communication and leadership rank high among the list, especially with the ongoing prevalence of hybrid work

10 skills companies need the most (in order of importance):

Management Communication

Customer service

Leadership

Sales

Project management Research

Analytical skills

Marketing skills

Teamwork

Upskilling opportunities

L&D professionals need to ensure their people have the skills to navigate the evolving macro environment

“In challenging economic times, there is a strong argument to invest in building critical skills,” says Simon Brown, Chief Learning Officer at Novartis

Access LinkedIn's courses on the most in-demand skills for professionals in Australia

Enhance your capabilities in:

Management: Manager as Coach course

Communication: Unlocking Authentic Communication in a Culturally-Diverse Workplace course

Customer Service: Customer Service Foundations

Leadership: Leading and Motivating People with Different Personalities course

Project Management: Project Management Foundations

Sales: Sales Foundations

Strategy: Strategic Business Analysis Essentials course

Analytical Skills: Critical Thinking and Problem Solving course

Research: Market Research Foundations

Marketing Tools: SEO course

“Companies that hire for skills and cultivate a culture of internal mobility by investing in upskilling and learning opportunities will find it easier to attract and retain top talent,” says Georgina O’Brien, LinkedIn’s Director, APAC Learning and Engagement.

Reflecting that, LinkedIn’s Workplace Learning Report shows that Australian companies which use a skills-first approach to hiring can increase their talent pipeline by 10.2 times.

Becoming an agile organisation

Apart from effective L&D programs, how else can L&D leaders drive agility?

LinkedIn’s report suggests six priorities:

1.

2.

3.

4.

5.

6.

Invest in cross-functional relationships

Hone your focus on peoplecentric impact L&D programs

Champion diversity, equity and inclusion (DEI) Improve your data literacy Activate people managers

Prioritise your own learning

“More than ever, learning and development professionals have to be change agents,” says Rachel Richal, Vice President of Training at American sports bar chain Buffalo Wild Wings, and President of the Council of Hotel and Restaurant Trainers.

One of the ways they can do so is by championing DEI –another priority on LinkedIn’s suggested list. LinkedIn’s ANZ data shows that the percentage of L&D professionals working more closely with leaders to foster DEI has grown year over year

“When you create a diverse, inclusive culture, employees contribute their best thinking, become great managers to others, and open the doors to innovations,” says Soon Mee Kim, Chief Diversity, Equity & Inclusion Officer at Omnicom Public Relations Group

Stay up to date on the current state of the learning industry and get more insights from LinkedIn’s 2023 Workplace Learning Report

Making WCAG compliant recruitment a reality

Web Content Accessibility Guidelines (WCAG) play an essential role in any effective recruitment strategy. Having an accessible website and providing an inclusive candidate journey is not simply ‘nice to have’. Rather, they are ‘must have’ indicators of organisational success. Recite Me’s CEO, Ross Linnett explains.

Research shows that only one in three job seekers think recruiters make online job applications suitably accessible for disabled people Providing a WCAGcompliant website show that recruiters are addressing inclusion and leveling the playing field for candidates

Creating a website in such a way enables everyone to successfully engage and interact with an online recruitment process Candidates are able to successfully use personal assistive technology or navigate online content in unique ways tailored to their specific needs

Why is it important to have a compliant recruitment website?

It’s not just about checking the box on diversity hires Compliant recruitment drives reach a much wider audience, allowing you to attract and retain the best talent from the widest pool of potential candidates

Companies that recognise, seek out and embrace diversity benefit from several competitive advantages - like building a stronger, more innovative, engaged, resilient and adaptable workforce, and creating a positive organisational culture

In today’s competitive marketplace, DEI is a means of achieving positive cultural change while also boosting brand reputation and becoming an employer of choice - all of which help when it comes to attraction, recruitment and retention At a time when so many oragnisations are reporting employee and skills shortages, tapping into a more diverse talent pool is a nobrainer

WCAG Compliance Goals

If you’re just getting started, you should make changes to align with WCAG 2 1 Level A as soon as possible But, bear in mind that Level AA is typically the minimum reference point for making a website accessible

Ross Linnett, Recite Me CEO

WCAG Compliance Made Simple

In response to the increased demand and pressures for inclusive recruitment, Recite Me has launched the Accessibility Scanner which is changing the way organisations address compliance issues on their websites This software simplifies the process of fixing noncompliant components and provides you with the expert knowledge you need to succeed in your accessibility goals.

This brand-new software audits your website by running 390 separate compliance scans in line with WCAG 2 1 Highlighting what needs to be fixed first for the most effective results and the most significant improvement to the accessibility of your website and thus driving you towards a fully inclusive recruitment process.

For more information on the WCAG scanner please contact a member of the team or run your free scan now

Calculating long service leave in New

South Wales – a redefined test

Wipro Limited v State of New South Wales [2022] NSWCA 265

One of the lasting impacts of COVID-19 has been the level of movement of employees. With ‘work from anywhere’ policies and the popularity of remote working, employees are increasingly working interstate or overseas. One issue sometimes forgotten in these arrangements is whether employees’ service in these other locations is ‘service’ for the purposes of state-based long service leave legislation. Squire Patton Boggs' Nicola Martin, Elisa Blakers and Abigail Harcombe explain.

The NSW Court of Appeal has recently provided some muchneeded clarity, confirming that service performed outside of NSW without a substantial connection to NSW will not be counted as continuous service under the Long Service Leave Act 1955 (NSW) (LSL Act).

Position prior to the Wipro decision

Prior to Wipro, establishing if an employee’s service was continuous service for the purpose of the LSL Act required an assessment of whether, at the time the entitlement crystallised, the employee’s service could ‘fairly be said to be NSW service ' [1] International Computers (Australia) Pty Ltd v Weaving [1981] AR (NSW) at 74 However, this did not necessarily require all of the employee’s service to be substantially connected to NSW Rather, it required consideration of the overall employment relationship at the time the entitlement crystallised (for example, when the employee’s employment terminated or the employee sought to use their long service leave), in order to determine if the employee’s service was NSW service.

Infosys decision

In 2021, the position in Victoria was clarified by the Victorian Court of Appeal. The decision of Infosys Technologies Limited v State of Victoria [2021] VSCA 219 (Infosys) confirmed that an employee’s service must be ‘in and of Victoria’, which requires the service to have a sufficient connection to Victoria at the time the service is undertaken.

The Court in Infosys accepted that an employee did not necessarily need to be in Victoria in order for the service to be ‘in and of’ Victoria. Rather, service with a sufficient connection to Victoria would be counted as continuous service for the purposes of long service leave, including for example where an employee is seconded outside of Victoria by a Victorian employer or where the directions provided to the employee emanate from Victoria.

Nicola Martin, Partner

Elisa Blakers, Associate

Abigail Harcombe, Paralegal

Key facts from Wipro Background of employment

Mr Rawat was employed in India for six years prior to moving to Australia Mr Rawat subsequently worked in NSW for a further five years under a ‘deputation agreement’ , before resigning from his employment in 2019. Notably, throughout his employment, Mr Rawat was employed by Wipro Limited, an entity incorporated and headquartered in India (and registered in Australia as a foreign company)

Decision of Court

The Court held that Mr Rawat’s service in India was a distinct period prior to his employment in NSW, with no ‘substantial connection’ between Mr Rawat’s service in India and NSW

Accordingly, Mr Rawat’s service in India did not constitute service for the purposes of long service leave under the LSL Act.

The Court confirmed that an assessment as to whether service has a ‘substantial connection’ to NSW should be made when the service is performed (i.e. throughout the employment relationship) rather than retrospectively once the entitlement has crystallised, with this approach allowing employees and employers to have knowledge of their entitlements and liabilities over time.

Key takeaways

This decision means that employees who have worked interstate or overseas, who cannot demonstrate a continuous connection with New South Wales, will not have that part of their service recognised under the LSL Act. This decision provides some much needed certainty to members on an often overlooked issue. It is now less likely that an employee’s interstate and overseas’ service will count towards their entitlement to long service leave.

In light of this decision, all NSW based members (or members with employees based in NSW) should:

undertake an audit now to ensure all employees’ long service leave entitlements are being correctly accrued;

to the extent that an employee has worked interstate or overseas, members must assess on a case by case basis whether this service had a substantial connection to NSW when it occurred; and

ensure that payroll is correctly understanding and accruing long service leave for any employees working outside of NSW or overseas.

The Labour & Employment team at Squire Patton Boggs advises APSCo members in relation to a wide range of employment law and HR issues, including employee entitlements, such as long service leave.

Please get in touch if you would like assistance with understanding how these changes impact your employees.