Veracity - July 2019 edition

Four days in the desert: Young brokers honoured with the ultimate leadership training experience

Each year, Vero and the National Insurance Brokers Association (NIBA) recognise the achievement and contribution of our industry’s young brokers with the Young Professional Broker of the Year and Warren Tickle Memorial Award. Vero has sponsored the national award since its inception, three decades ago, with the aim to commit to the success of our young brokers’ careers and their professional development.

This September, five young brokers from across the country will be heading to Alice Springs to take part in the inaugural Vero Red Centre Experience. The group includes this year’s five regional finalists of the Young Professional Broker of the Year (one of whom will be selected as the 2019 national winner), five past national Warren Tickle Memorial Award winners and five senior executives from Vero.

The four-day program, set in one of nature’s toughest environments, will see the finalists take part in challenges, training and mentoring; all designed to stress-test their leadership skills. The experience will include agile leadership training in the Simpson Desert, resilience training on the Old Gunbarrel Highway, meeting with community elders, navigating tough roads and river crossings and a well-deserved reward on the last day – reflection time with their mentor at the stunning Ayers Rock Resort.

All of the finalists will receive additional training opportunities through the Suncorp Learning Campus and exclusive mentoring, thought leadership and speaking opportunities with Vero. The finalists will ultimately be driven to become future industry leaders and join the ranks of Vero’s prestigious Young Broker Alumni.

Learn more about the nomination process for the NIBA Young Professional Broker of the Year.

Don’t forget to nominate for the 2019 RM Advancer Awards

Have you nominated for this year’s RM Advancer Awards, recognising your clients outstanding performance in risk management? Nominations close Friday, 30 August 2019. Simply complete a nomination form and submit it to rmadvancer@vero.com.au.

Winners will be announced at a gala evening at Ovolo Hotel, Woolloomooloo, Sydney on Thursday, 24 October 2019 – and nominating brokers are invited.

To find out more, visit the RM Advancer website.

BDM in the Spotlight: Rachel Sinclair

Have you ever wondered what inspired your local Vero BDM to enter the world of insurance or how they take their coffee: skinny decaf latte or a soy hot chocolate? We caught up with Rachel Sinclair from our Victorian commercial distribution team to answer some of those buring questions.

Q: What is your name, rank and serial number?

A: Rachel Sinclair, Senior Business Development Manager.

Q: Why insurance?

A: Like most of us, I fell into insurance. The opportunities to continually learn and develop, as well as the people I work with have kept me here.

Q: What do you enjoy most about being a Business Development Manager?

A: The BDM role allows me to work with such a variety of people. No two days are the same.

Q: Best advice you’ve ever been given?

A: My Mum keeps her advice simple “Do whatever makes you happy.”

Q: What has been the highlight of your career?

A: Being appointed as a Senior BDM not only makes me feel old, but also makes me realise how far I’ve come in my career.

Q: If you were Prime Minister for one day, what would you do?

A: I would improve Melbourne’s traffic and introduce gender pay equality – all in a day’s work.

Q: What’s your favoured style of coffee?

A: No thanks. Water or the occasional wine.

Q: What’s the most interesting thing you’ve read or seen this year?

A: I’m not much of a reader, however I am using my time in the car to listen to podcasts – anything true crime or educational.

Q: If you could invite three people to dinner, dead or alive, and excluding family and friends, who would they be and why?

A: Mick Jagger so that he can perform and tell rock n roll stories. Jamie Oliver so that he can cook. Richard Branson can pick up the bill.

Question: Complete this sentence: If I wasn’t in insurance, I would be...

Answer: …in real estate. Either a buyer’s advocate or interior designer.

Pictured: Rachel during one of her outdoor boxing classes at Wilsons Promontory. Rachel enjoys travel and we’re promised more photos from her holidays as she drags her husband for what she tells him will be a short walk (hint: it’s actually a hike).

RM Insight article: Steering clear of road rage

This month’s RM Insight article explores serious risks associated with aggressive driving behaviour, identifies key contributing factors and provides tips on how to stay safe and avoid road rage in yourself and other drivers. This article is of particular interest to organisations operating motor fleets and has general appeal to all vehicle drivers.

RM Insight - Road Rage (PDF, 294KB)

Employee or Contractor? Understanding the difference

Classifying a worker correctly has significant implications for both workers and their employers. If a worker is an employee, they are entitled to leave, superannuation and protection under unfair dismissal laws. The worker is also entitled to workers compensation cover.

If the worker is an independent contractor, the worker needs to manage their own superannuation and tax arrangements and find suitable personal injury insurance cover.

The legal classification of contract workers is evolving in response to the emergence of a “gig” economy, fuelled by the growing numbers of workers abandoning the traditional 9 to 5 job arrangements.

In Australia, the Fair Work Ombudsman (FWO) recently finalised a two-year investigation relating to Uber Australia and its engagement of drivers and concluded that Uber drivers were independent contractors. (i)

FWO noted that for an employee/employer relationship to exist there must be, at a minimum, an obligation for an employee to perform work when it is required by the employer. FWO found Uber drivers have control over whether, when, and for how long they perform work, on any given day.

The Fair Work Commission (FWC) took a similar stance in 2017 and 2018 and identified control over the hours worked and ability to refuse trip requests as key identifying factors between workers and independent contractors. However, the FWC found that the food delivery company Foodora holds a high level of control over the nature and manner in which the work of their bicycle delivery riders is performed and concluded that Foodora delivery riders are in fact, employees. (ii)

Furthermore, the Tasmanian Supreme Court in 2019 found a worker to be an employee under the Workers Rehabilitation and Compensation Act 1988, based on the totality of the evidence on ‘control.’ (iii)

The extended definition of a worker for the purpose of workers compensation coverage can include sub-contractors where they are paid for their manual labour or services. The question businesses need to ask, is the employment relationship between their workforce based on a ‘contract of service’ or ‘for service’? The former indicates an employee relationship and the latter is not.

There is no single determining factor or combination of factors, however if the answer is yes to some or all of the below statements, it is likely that an individual is employed within a contract of service and is an employee: (iv)

• work under (the business owner’s) control
• paid for the time they work
• has income tax deducted by their employer
• receive paid leave (sick, annual, long service, and so on)
• use materials or equipment provided by the business to do their job
• perform the duties of the position
• have agreed to provide their personal services
• bear no financial risk
• work hours which are set by an agreement or an award

To assist businesses in helping them better understand their working relationships, business.gov.au have created an independent contractors decision tool.

Whilst the world of independent contractors and the legal classification of workers is evolving, this however does not extinguish a Person Conducting a Business or Undertaking’s duty of care requirement to provide a safe system of work to either their workers or to the contractors they engage.

Vero can offer Workers Compensation Insurance for businesses in WA, NT, ACT and TAS through our partner GIO. You’ll also receive support services for your business, including risk management and training courses. For more information please speak to your local Vero representative or email the Workers Compensation Risk Team at riskservices@gio.com.au.

Disclaimer: This newsletter is for information purposes only and is not legal or financial advice. AAI Limited trading as Vero insurance.

References:

i) Fair Work Ombudsman: Uber Australia investigation finalised. 7 June 2019. Retrieved from https://www.fairwork.gov.au/about-us/news-and-media-releases/2019-media-releases/june-2019/20190607-uber-media-release

ii) Joshua Klooger v Foodora Australia Pty Ltd. 16 November 2018. Retrieved from https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc6836.htm

iii) Laghairfar v Sealasash Window Renewal System Pty Ltd. March 2017. Retrieved from http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/tas/TASSC/2019/9.html?context=1;query=Laghaifar;mask_path=au/cases/tas/TASSC

iv) Fair Work Ombudsman: Independent contractors and employees. Retrieved from https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/independent-contractors-and-employees