You have recently been employed as the HR Manager of Employ Now Pty Ltd (EN). EN has 110 employees across Australia and New Zealand, with a mix of casual, full time and part time employees. Your role is based in Melbourne but you are responsible for human resources across both Australia and New Zealand.

EN is a provider of permanent recruitment services to a range of clients across a number of industries, with a particular speciality in the government and not-for-profit sector.

One of EN’s workers is Patricia Plumb (PP), who is engaged through a business – Plumb Services Pty Ltd (PS Pty Ltd). PS Pty Ltd invoices EN for work performed at an hourly rate – based on hours in the EN office, and PP (as the sole director of PS Pty Ltd) has signed a contract that is between EN and PS Pty Ltd.

PP is an expert recruiter and is usually engaged to work on specific campaigns that are for key clients of EN, and that require a high level of industry insight. Under the contract signed by EN and PP, PS Pty Ltd cannot delegate the work to someone else, that is, PP must perform the work. While PP brings her expertise, she works side by side other recruiters of EN during her periods of engagement, will take direction from the Managing Director or Sales Director and will at times manage key project teams. PP also works on EN computers and phones in the EN Melbourne office. Right now PP is working on a campaign for an EN client and is working full time hours – this has been the case for three months now, which is a longer engagement than usual.

There is no industry award that covers the Australian employees of EN, however the clerical employees are covered by the Clerks Private Sector Award 2010 (Award). There are a number of clerical employees, including a Payroll Officer, Ben Buttrose (BB) and a receptionist, Chris Carr (CC) who both report to you.

CC is currently paid $18 for each hour worked, and generally works between 30 and 35 hours. CC is 19 years old and has been with the business for three months. CC does not have a written contract of employment. EN has been accruing annual and personal leave for CC but CC has not yet taken any leave.

The entry level recruiters are paid a salary of $34,000 per year. They have the chance to receive 2% commission on any permanent placements they make, but only after they have billed an annual threshold amount of at least $60,000 – most entry level recruiters take around 12 months to get to this threshold.

Zelema Zarr (ZZ) is your predecessor. ZZ has been with the business for nearly seven years and has worked across a number of functions. ZZ’s current role is the second in charge of operations in Australia.

The Managing Director, Alexis Ambrose (AA) has asked for advice on a number of items. AA is time poor and likes advice to be succinct, to the point, and commercially savvy. Overall, AA wants to know about any risks you have identified within the business (based on the facts above) and has specifically requested advice on the following concerns s:

Advice sought

1. ZZ has moved into an operations role, and AA would like to send ZZ to New Zealand for 6 months to work with the NZ based Operations Manager and to streamline operations between Australia and New Zealand as far as possible. AA would like advice on how to manage the move with ZZ contractually, and what should be done in relation to ZZ’s terms and conditions of employment while working in New Zealand.
2. AA would like you to conduct an audit of award and employment law compliance across the business. In particular, AA is concerned that CC may be underpaid, and that the most junior (entry level) recruiters may also be underpaid. AA has been unable to locate any employment contracts, and cannot recall signing one either. AA would like to know what risks you identify within the business in relation to these items, and would like advice on how best to address the risks/concerns.
3. Just before you started, BB wrote to AA requesting flexible working arrangements to be able to assist with picking up his two children from childcare each day. BB would like to reduce his hours of work and finish at 4 pm each day. AA has asked for advice on how to approach this request, including any obligations the business may have to accommodate the request.
4. AA is concerned about the extended engagement of PP/PS Pty Ltd on this current assignment and would like advice on whether EN should be engaging PP as an employee or continue to engage PS Pty Ltd.

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