Issue 63 - 15 June 2009

As part of the WA Government's election commitment, there is to be the development of a State Mental Health Policy and Strategic Plan 2010-2020. 

PricewaterhouseCoopers have been engaged as the consultants for the project to create a blueprint for the future delivery of mental health services in WA. The project will undertake a comprehensive review of services, develop the State Mental Health Policy and develop a State Mental Health Strategic Plan for the next 10 years.

The project was launched on 10 June and workshops with consumers and carers are starting on 15 and 17 June. These consultations are taking place first because the success of any reform of WA mental health services depends on how well the services meet the needs of consumers, their families and carers. There will be further opportunities for consultation later in the process.

Best practice evidence suggests the services need to be consumer-centric and provide a holistic, seamless range of services across the whole spectrum. This includes the three layers of health care (primary, secondary, tertiary), between providers of mental health services (federal and state governments, NGOs and the private sector) and between mental health services and other human service organisations such as accommodation, education, alcohol and drug, and general health services.

More details about the project can be found at www.pwc.com/au/mentalhealthsurvey. This website provides the opportunity for online submissions and an online survey for consumers and carers.It is intended to have the new policy and plan ready for 2010.

The State’s political leaders must stand up to vested interest groups, which are determined to deny Western Australians more choice and lower prices when they shop.

With legislation for extended weeknight trading likely to go before State Parliament within weeks, the State’s peak business group, the Chamber of Commerce and Industry of Western Australia, has urged the major political parties to allow people to better manage their busy lives by having the option to shop after work.

Plans to let stores in the Perth metropolitan area open on weeknights until 9pm are an important first step towards removing the clamp which is holding back local retailers.

CCI believes allowing stores to open longer during the week will deliver many benefits to consumers and retailers, including greater choice, more convenience and lower prices; and create more jobs in the retail sector.

At present there are a small number of retailers profiting from the current trading restrictions, at the expense of families across Perth’s suburbs, who not only are denied choice in where and when they can shop, but end up paying more at the checkout.

With governments across the world trying to stimulate economic growth and create jobs in response to the global financial crisis, the State’s political leaders can assist by reforming WA’s outdated retail trading hours laws.

CCI chief executive James Pearson said the need to do away with the current trading hours regime was urgent and compelling. Experience in other states showed that deregulating trading hours promoted small business growth, encouraged investment in the retail sector, and drove prices lower.

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Perth has been ranked one of the world's most liveable cities according to yet another quality of living survey, the Economist Intelligence Unit's 2009 Liveability Survey.

The British EIU survey, which ranks the liveability of 140 of the world's major centres, had Perth ranked equal 5 with Calgary, Canada behind Melborne (ranked 3) but ahead of Sydney (ranked 9 jointly with Zurich, Switzerland) and Brisbane (ranked 16).

The EIU's assessment of 140 cities is based on stability, health care, education, infrastructure and culture and environment, giving each one a rating out of 100.

The top ranked most liveable cities went to Vancouver, Canada (ranked 1) and Vienna, Austria (ranked 2).

Other global liveability rankings given by the EIU are available at http://www.eiuresources.com/mediadir/default.asp?PR=2009060801.

For further information contact CCI Migration Services (MARN 0318589) on (08) 9365 7521 or email visas@cciwa.com

The Minister for Trade Simon Crean has launched the publication Benefits of Trade and Trade Liberalisation which measures the benefits of the trade liberalisation policies implemented over the last twenty years in Australia.

The publication concludes that trade liberalisation has benefited the average Australian household by between $2700 - 3900 per annum in real terms. The study also confirmed that one in five jobs in Australia is trade related.

Jean Rozwadowski, a businessman with broad international experience, has been named Secretary General of the International Chamber of Commerce, the peak global business organisation.

Mr Rozwadowski was unanimously appointed by the ICC World Council at a meeting in Kuala Lumpur on the eve of the ICC World Chambers Federation Congress. He will replace Guy Sebban, who retires on 1 July at the end of his four-year term.

Mr Rozwadowski, 62, was born in Holland to a Polish father and a French mother and grew up in South Africa. A French national, he has lived and worked on five continents, holding senior executive positions in Bahrain, Belgium, Brazil, Britain, France, Germany, Singapore, and the United States. He speaks several languages, including English, French, Portuguese, Polish and Spanish.

“I am delighted and honoured to be joining such an illustrious organisation,” Mr Rozwadowski said in accepting his position. 

“In these times of dramatic and accelerating change, it is more important than ever to strengthen ICC’s mission as the voice of global business in promoting a rules-based multilateral trading system and international cooperation.”

“Protectionism and other challenges to globalisation must be firmly addressed. My professional experience has allowed me to witness first-hand how international business contributes to making this a better world – creating employment, reducing poverty and stimulating education.”

Mr Rozwadowski was president of the Latin American and Caribbean division of MasterCard between 1999 and 2004.  Previously he was the company’s executive vice president for Europe, the Middle East and Africa, based in Belgium.

Peter Varghese is to be Australia’s next High Commissioner to India, with concurrent accreditation to Bhutan. He succeeds John McCarthy AO, who has served with distinction as High Commissioner since 2004. Mr Varghese is expected to take up his appointment in August 2009.

India is Australia’s fastest growing export market, with energy and minerals resources the main drivers behind this growth. In 2007-08, India was Australia’s eleventh-largest trading partner, with total trade standing at almost $14 billion. In 2008, India was our fourth-biggest merchandise export market.

The current Joint Australia-India Free Trade Agreement (FTA) Study is exploring the scope for building an even stronger bilateral trade and economic relationship through an FTA. Traditional strengths in the trade relationship are being complemented by new areas, most notably services such as education.

The ICC World Chambers Federation held its sixth biennial World Chambers Congress in Kuala Lumpur last week under the theme “Leading sustainable growth and change”, with a call to business leaders to address major challenges such as climate change.

The opening ceremony at the Kuala Lumpur Convention Center featured an address by Malaysian Deputy Prime Minister Muhyiddin Yassin and took place in the presence of about 1,000 delegates from over 90 countries, including Australia.

Organised by the World Chambers Federation, which is part of the International Chamber of Commerce, and hosted by the Federation of Malaysian Manufacturers, the Congress brought together the global community of chambers of commerce, including the Chamber of Commerce and Industry of Western Australia.

The Congress provided participants, particularly chamber of commerce executives, an invaluable opportunity to learn how others are coping in the current economic times and to coordinate action to help businesses get through the difficult period.

Three plenary sessions were held, the first focusing on global challenges, including how trends in demographics, migration and industrialisation are placing stress on the planet’s basic resources.

The second session on food, water and energy shortages looked at the contribution chambers are making to the attainment of the Millennium Development Goals and the responsibilities of business, government and societies in resolving these issues. A third session examined the implications climate change will have on the global economy.

In addition to the sessions there were 24 workshops divided into three tracks – business, development and chamber issues. They addressed the key challenges faced by businesses today, from the effects of globalisation on small and medium enterprises to corporate governance, counterfeiting and empowering women in business.

As the number of confirmed swine flu cases in Western Australia rises, employers need to carefully consider their management of potential cases.

Employers are conscious of the potential spread of swine flu to their workplaces and are reminded that there are steps they can take to avoid spreading the virus to staff and customers while also respecting current legal obligations.

Under occupational health and safety law, all employers have a duty of care to ensure a safe work environment for their employees. At the same time, under workplace relations law employers cannot unlawfully direct employees to take leave in the case of suspect infections.

Employers can encourage employees who have recently travelled overseas, or have come into contact with a suspected sufferer, to consult their medical practitioner as to their status and ability to return to work. They may discuss with the employee voluntarily using annual or personal leave entitlements, or making other arrangements, until such a time as they are cleared to return to work.

However, employers cannot direct an employee to take unpaid leave, or require an employee to use paid leave entitlements, unless the employee has excessive leave accrued. National system employers may direct an employee to take annual leave if they have over eight weeks of leave accrued. However, an employer may only direct the employee to use up to a quarter of their accrued leave entitlement.

Employers should pre-determine a leave policy in the case of an employee, or an employee’s family member, exhibiting flu symptoms. A clearly articulated and well-communicated policy will remove ambiguity over the process to be followed and ensure the incident is managed safely and in accordance with the law.

In the event that an employee refuses to consult a doctor or to leave work then it may be necessary for the employer to direct the employee to take leave. However, the circumstances surrounding such a direction must be taken into account.

CCI advises members to implement effective hygiene practices in the workplace to avoid further outbreaks, and to ensure continued communication of relevant information to employees, without causing undue alarm.

For further information see the Australian Government websites to assist businesses with implementing arrangements to deal with the spread of swine flu:

www.dpmc.gov.au/publications/pandemic/docs/Pandemic_Planning_in_the_Workplace.pdf

www.flupandemic.gov.au/internet/panflu/publishing.nsf

www.innovation.gov.au?Pandemic_Business_Continuity/kit%20for%20small%20businesses/Pages/home.aspx

1 July 2009 - this is the date that all employers that are constitutional corporations should be preparing for. With the new IR legislation (the Fair Work Act 2009) commencing operation on this date, employers now have the perfect opportunity to improve and review their performance management processes.

So why review processes? Employers will need to protect themselves from litigation which could stem from outdated or poorly handled performance management processes. Overlooking these processes could expose employers to a multitude of legal pitfalls, which may include claims for:

• unfair dismissal 
• unlawful termination
• discrimination
• breach of contract 
• adverse action

Under the provisions of the Fair Work Act 2009, all constitutional corporations will potentially be subject to unfair dismissal claims with the small business definition to change from businesses with less than 100 employees to those with less than 15 full time equivalents. Employers with more than 15 FTEs will have a six month qualifying period within which employees will not be able to access unfair dismissal remedies and employers with less than 15 FTEs will have a 12 month qualifying period.

It is estimated these changes will double the number or employees able to access unfair dismissal remedies. Accordingly, employers should take the time to audit their current practices, identifying any weak areas in order to mitigate risks of claims being brought against them in the future.

In reviewing performance management processes, employers should give consideration to the following areas:

• Communication: What are the expectations of performance? Have these been clearly articulated to employees? Are they documented? Have employees been verbally warned that their performance is substandard?
  
  
• Written warnings: How many should be given to employees? Do they clearly articulate that failure to show improvement may lead to termination of employment? 
  
  
• Time frames: Have employees been given an opportunity to respond to issues regarding performance? Does the process give a reasonable period of time to demonstrate improvement? It is important to note that what might be deemed to be reasonable in one situation may differ in others, so it is important to treat each situation on a case by case basis. 
  
  
• Training: is the provision of additional training or assistance feasible? Will it afford the employee a genuine opportunity to improve their performance?

By developing processes that are sensible and reasonable, employers can reduce the potential of claims being made and enhance the ability to defend a termination decision should a claim be brought against them. For any additional information on performance management, members are encouraged to contact the CCI Employee Relations Advice Centre on (08) 9365 7660 or advice@cciwa.com.

Featuring speakers from a number of Australia’s largest resource companies and industry bodies, CCI’s Resource Conference, WA’s Resources Landscape: Projects on the Horizon, will provide delegates with an insight into the future of WA’s resource landscape and an update on a number of major resource projects currently planned for Western Australia.

Inidvidual Registration

Corporate Table Registration

CCI Construction Services proudly invites industry representatives to WA’s largest and most prestigious annual dinner event for the resources and construction sector.

Individual Registration

Corporate Table Registration

The Manpower Employment Outlook Survey, released last week, reveals optimistic hiring prospects in Western Australia, where the net employment outlook stands at +6%.

The survey, which was part of a broader survey of 2,806 employers across Australia, saw employers report a significant nine percentage point improvement in the outlook quarter-over-quarter, but a considerable 19 percentage points weaker year-over-year. 

“Employers in Western Australia are treading cautiously with the current economic climate showing signs of improvement, it is comforting to know that from a national perspective, 71% of these employers anticipate no change in headcount," said Manpower Australia managing director Lincoln Crawley.

"Despite the state of the current economy, Australia is still faced with an ageing population, with baby boomers set to retire, and skilled workers need to be replaced making it much more important for us all to employ a longer term approach.

“The modest improvement in hiring plans could be attributed to the recent interest rate cuts, combined with the Australian government’s stimulus package directed at high-spending groups such as pensioners and first-time home buyers; this should limit any additional rise in the jobless rate.