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May 25, 2025 69 mins

In this timely episode of Bean There, Done That, host Phillip Di Bella sits down with Tim Dive, founder of the HR Cartel and host of the HR Cartel Podcast, to unpack the complex and fast-changing world of industrial relations (IR) and human resources (HR) in Australia. With wage theft now a criminal offence and IR reforms disproportionately impacting small and micro businesses, this no-fluff conversation is a must-listen for hospitality owners and operators.

 

From contract must-haves and performance management strategies to the insidious creep of compliance risks, Tim brings 20+ years of experience and delivers straight-talking advice you can act on immediately.

Key Topics and Themes:
  • Why recent IR reforms hit small businesses the hardest

  • What “wage theft” really means—and how to avoid it

  • The rise in union access and what it means for your business

  • Contracts, handbooks, and casual worker compliance

  • Performance management: from dead weight to top talent

  • Why good intentions won’t protect you legally

  • Strategies to protect your profit margins without cutting corners

Time-Stamped Key Points:
  • 00:05 – Intro to Bean There, Done That and Coffee Commune

  • 00:40 – Phil Di Bella introduces Tim Dive and why HR matters now more than ever

  • 01:30 – The election aftermath and impact on IR reform

  • 03:00 – 27 legislative changes in just three years

  • 04:50 – Why reforms target big business but hurt small ones most

  • 07:00 – “Right to disconnect” and other grey-area policies

  • 08:15 – Unions can now enter workplaces without members

  • 10:55 – Wage cost explosion: from 30% to 45% of turnover

  • 13:40 – How to legally absorb wage increases and stay compliant

  • 16:00 – Why every employee needs a contract—no exceptions

  • 18:00 – Casual employee pitfalls and how to avoid them

  • 20:25 – Why handbooks and induction programs are your legal shield

  • 22:00 – Improve or remove: how to handle poor performers

  • 25:00 – The “traffic light” model for monthly staff reviews

  • 27:00 – The myth of the lovable underperformer

  • 29:00 – Retaining top talent through development, not dollars

  • 30:15 – Why fringe benefits tax punishes good employers

  • 33:30 – Wage theft explained: what qualifies and how it’s enforced

  • 39:30 – Real-world examples of wage theft from common mistakes

  • 41:15 – Why “better off overall” is meaningless without the right contract

  • 43:10 – Flexibility agreements and why you need them documented

  • 45:00 – Why ignorance is no longer a defence

About Our Guest:

 

Tim Dive is the founder and director of HR Cartel, an agency delivering HR and IR solutions for small and medium businesses. With over 20 years of experience across mining, oil and gas, construction, and hospitality, Tim’s known for his straight-shooting style, industry insight, and fierce advocacy for practical compliance. He also hosts the HR Cartel Podcast, a no-nonsense show focused on workplace law, strategy, and culture.

Key Takeaways:
  • Compliance is no longer optional – With wage theft now criminalised, contracts,

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