Blog

Resolve disputes with a Settlement Agreement

A Settlement Agreement  is a legal document which is used to formalise an agreement between an employer and an employee who are involved in a dispute.

Find out the benefits and when to use a settlement agreement.

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The Fair Work Commission’s Aged Care Work Value Case – An Update

The Fair Work Commission has been engaged in lengthy proceedings known as the Aged Care Work Value Case, dealing with applications from several unions to vary the minimum wage rates and other clauses of three modern awards. Here is the update.

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Gender Pay Gap Data Release on Private Sector Employers

The Workplace Gender Equality Agency (WGEA) released its gender pay gap data for private sector employers with 100 or more employees.  

Gender pay gap data is now visible for nearly 5,000 organisations comparing gender pay gaps by industry.

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Is payment in lieu of notice required?

A common question that is asked by employers is whether an employee is entitled to payment in lieu of notice upon termination or resignation.

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Cracking the case: What you need to know about workplace investigations

A workplace investigation is a process carried out by an employer or an external third-party investigator to gather information and facts about a compliance concern or an incident that has occurred in your workplace.

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Ceremonial Leave

Ceremonial leave is a type of leave that allows eligible employees time off to attend and participate in ceremonies of cultural significance. It is usually unpaid however, paid leave is not uncommon in certain sectors, including health and human services sector and higher education. 

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Harmony Week

Harmony Week celebrates our country’s cultural diversity and promotes inclusiveness and respect for all people, regardless of their background.

Respect at Work training is the perfect way to ensure your business fosters a safe and welcoming environment for all.

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Turf business growing for the future

‘Strong workforce values will make us more competitive’

A small Sunshine Coast business is preparing their workforce for future opportunities through the Olympics supply chain with a refreshed focus on workforce diversity and employment practices.  

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Rostering employees on public holidays... know the expectations

There are at least eight public holidays each year. Are you up to date with the requirements for rostering employees during public holidays? 

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Everything you need to know about the draft Anti-Discrimination Bill 2024 (Qld)

In May 2021, Queensland’s Attorney-General asked the Queensland Human Rights Commission (‘QHRC’) to review the Anti-Discrimination Act 1991 (Qld) (‘the Act’). This review signified the first holistic consideration of the Act since its introduction more than 30 years ago, and provided an opportunity to ensure that Queensland’s anti-discrimination laws reflect the needs of contemporary society.  

As a result of this review, the QHRC delivered a report in July 2022 titled 'Building Belonging: Review of Queensland's Anti-Discrimination Act 1991 (‘the Report’). Read more to understand the impacts if the draft bill becomes law and passes.

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The performance makeover: Transforming through improvement plans

A Performance Improvement Plan, or PIP, is a strategic tool designed to assist underperforming employees in achieving their position-specific goals and meeting business expectations. It will typically be used in instances where concerns arise regarding an employee’s performance, behaviour, or conduct.  

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What employers need to know about redundancy

It’s important employers are aware of legislative requirements in case they need to make a position redundant

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The Key to Consultation

Consultation obligations can arise from a variety of sources, and the degree of consultation required differs from one source to another.

All modern awards and enterprise agreements include consultation provisions that are usually triggered by a major workplace change, or changes to rostering or hours of work. Read our latest blog to understand consultation obligations for an employers if these changes occur.

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Employee Record Keeping – Accountant Responsibilities

On 7 February 2024, the Federal Circuit and Family Court ordered an accountancy firm, Nicholas Accounting Management Services Pty Ltd, and its principal to pay $70,000 in civil penalties for failure to comply with notices from the Fair Work Ombudsman (‘FWO’) to produce documents linked to its client’s employee record-keeping.  

What are your Record Keeping Requirements? 

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Are you ready for mandatory climate reporting?

As part of the Australian Government’s action toward ambitious climate goals (a 43% reduction in greenhouse gas emissions by 2030 and achieving net-zero emissions by 2050), a phased roll-out of new mandatory climate-related reporting regime will be enacted from 1 July this year (2024) to require businesses to report and disclose climate-related data relating to their operations. This brings unprecedented change and increased expectation on businesses in terms of financial reporting, accountability and transparency.  

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Workplace update: When are additional hours reasonable?

The National Employment Standards (‘NES’) in the Fair Work Act 2009 (Cth) (‘FW Act’) are the 12 minimum terms and conditions of employment that form a ‘safety net’ for all employees in the national workplace relations system.  

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Closing Loopholes Act 2023 - NEW FDV and Union Delegates Protections

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (‘the Act’) came into effect on 14 December 2023 and amended the Fair Work Act 2009 (Cth) ('FW Act'). The Act introduced significant changes such as strengthening the protections for particular employees. The changes commenced in the FW Act on December 15 2023 (the day after Royal Assent). As such, employers must understand their obligations to ensure they are compliant. Read the article to get an overview on the new protections and what they mean for your business.

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Closing Loopholes and Casual Employees

In 2021, the definition of a casual employee was included in the Fair Work Act 2009. A casual employee was to be determined by the offer of employment and not any subsequent conduct of the employer or employee. This will likely change in the coming months. The Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023 is looking to amend the definition of ‘casual employee’ within section 15A of the Fair Work Act 2009. It is proposed in the legislative amendments that the definition of ‘casual employee’ be made ‘fairer’, so the reality of the employment relationship is relevant to the definition of the employee, and not only the contract offered. 

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Are You Compliant with the Recent Changes to Fixed Term Contracts?

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (‘the Act’) received Royal Assent on 6 December 2022, and amended the Fair Work Act 2009 (Cth) (‘FW Act’).  

The amendment introduced significant changes to the use of fixed term contracts, and they came into effect on 6 December 2023.  

Read the blog to understand difference between fixed and maximum term contracts as well as prohibited contracts and exceptions.

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Fair Work Act 2009 (Cth) and Superannuation

Superannuation is now a National Employment Standards enshrined in the Fair Work Act 2009 (Cth) (‘FW Act’).  The changes inserted new Division 10A in Part 2-2 of the FW Act to provide a new entitlement to superannuation contributions in the NES.  Read the blog to understand the obligations as an employer and what does this mean for your business.

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Modern Award Superannuation Clause Review

Changes to superannuation laws concerning stapled superannuation funds and underperforming superannuation products commenced in September 2022. Read Business Chamber Queensland's blog to read about the review of superannuation clauses in all modern awards so they better reflect current superannuation law requirements.

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Workplace update: Long Service Leave accruals in the Black Coal Mining industry

On 30 June 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (the ‘Amendment Act’) received Royal Assent.

The purpose of the Amendment Act is to ensure , within the Black Coal Mining Industry, casual employees are treated no less favourably than permanent employees in regard to the accrual of, and access to entitlements under the Coal Mining Industry (Long Service Leave Funding) Scheme (the ‘Scheme’).

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Independent Contractor or Employee – Determination through Dismissal

A recent case highlights the importance of understanding your obligations when engaging an independent contractor and then again when ending the relationship.  

A multifactorial test will be applied in the absence of a written contract, which may determine a worker to be an employee, where the intent was for them to be an independent contractor. This article addresses how the test may be applied, the value of a written agreement and potential changes via impending industrial relations reforms. 

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Disability Action Week

Disability Action Week encourages employers to consider how improving access will not only boost their bottom line by recruiting and retaining staff with disability, they will be also be taking positive steps to being accessible to customers living with disability.

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Are You Ready For What Happens on 7 December 2023?

If you have a Zombie Agreement in your business, prepare for change from 7 December, when Zombie Agreements will not exist as an Agreement that applies to your employees.

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Here’s a sneak peek of Workforce Evolve

Workforce Evolve is a free program designed to assist employers attract and retain a wider range of employees particularly from new and different groups.

Learn on demand. Become Workforce Evolve Verified. Get support setting up workplace practices through a D&I lens.

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International Day of the Older Person | Are you unlocking all segments of job seekers?

In 2023, an older worker is 61-65 years of age as compared with 50-55 years of age in 2021.

“The perception of what constitutes an older worker has risen, which is good news from the point of view of both employers and employees.

A diverse workforce enhances innovation, creativity and development to improve business performance and competitiveness.

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Positive Duty to Prevent Sexual Harassment: What it means for employers

The Anti-Discrimination and Human Rights Legislation Amendment came into effect on 12 December 2022, and amended both the Sex Discrimination Act  and the Australian Human Rights Commission Act 1986. Why is this important? Get the summary guidelines, employers Guiding Principles and more.

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Member Story: Getting on the with the job

Paul Milevskiy looks to his business future with a place in the state’s most established business network   

Knowing his business interests are represented is something mechanic business owner Paul Milevskiy holds in high regard.  

It was during the global pandemic when Paul and his small team were forced to manage a business thorough restrictions and challenges, alongside the state’s business community. 

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Did you hear the news? Workforce Evolve is now live!

Today the Business Chamber Queensland Workforce Evolve team, CEO Heidi Cooper and the Honourable Di Farmer, Minister for Employment and Small Business, Minister for Training and Skills Development and Minister for Youth Justice officially launched Workforce Evolve at local business, Norman Park Sports and Community Club.

‘Absolutely critical’ businesses understand the impact of Workplace Health and Safety obligations

New Work Health and Safety obligations have come into effect over the past 12 months and it is crucial businesses of all sizes and industries know what changes mean for them and their workforce.

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What Are Reasonable Adjustments?

A recent decision of the Federal Circuit and Family Court of Australia highlights the requirement for employers to either make reasonable adjustments for employees with a disability if they don’t face unjustifiable hardship by doing so.  

The following article explores the case and what it could mean for businesses.

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Getting in Hot Water in the Heat of the Moment

A recent Fair Work Commission (FWC) decision confirms the need for employers to carefully consider whether an employee’s resignation could give rise to special circumstances that would render it unreasonable to recognise the resignation.

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Amendments to the Paid Parental Leave Scheme – Are You Up to Speed?

On 6 March 2023, the Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Bill passed both houses of Parliament. As a result of this legislative change, the Paid Parental Leave Act 2010 (Cth) is soon to be amended. What Has Changed?  

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Workplace relations update: Changes to job advertisement rules

Recent amendments to the Fair Work Act 2009 (Cth) (‘FW Act’) prohibit the publishing of incorrect pay rates in job advertisements.

What it means for business?

Where you seek to publish a pay rate in a job advertisement,  that pay rate cannot be less than the minimum pay rate for the job as provided for in the relevant industrial instrument, or as provided by the National Minimum Wage.

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Workplace relations update: What New Psychosocial Hazards Code of Practice means for businesses

A new Code of Practice, the Managing the risk of psychosocial hazards at work Code of Practice 2022 (‘Code’) will come into effect on April 1, 2023. 

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Consultation begins for New Workplace Reform

A number of amendments occurred in late 2022, and other amendments will continue to do so until December 2023.  

There are further reform objectives expected in the second half of this year. As highlighted by the Department of Employment and Workplace Relations, the following is a summary of reform objectives for later in 2023. 

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Special workforce strategy insights event

Business Chamber Queensland has brought together small and medium businesses from across construction, engineering, recruitment, healthcare and social assistance, software and more to discuss workforce challenges, and the future of work. 

More than 100 stakeholders connected at the event about the issues facing Queensland’s workforce, and to hear new ideas from guest speakers.  

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Business Matters | Leading the sustainable business agenda

Queensland’s business leaders came together last month to examine the major economic issues impacting the state and hear from thought leaders and policymakers at the inaugural Business Matters event.

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How our policy and advocacy influenced outcomes from the Regional Banking Taskforce

Business Chamber Queensland often makes submissions to the Queensland Government on policy issues impacting businesses. In this example, we look at the policy and advocacy process and how Business Chamber Queensland's response to the Australian Government’s (Treasury) Regional Banking Taskforce Issues Paper influenced outcomes for Queensland business.   

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The Future of the Queensland Workforce: learning, automation, skills

Looking at the Workforce of the future, there are key elements that need to be considered now to ensure that businesses are ready to take up future opportunities.  

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Probation and New Employees

Probation is a universal practice in Australian workplaces; however, many employers are not aware of the implications of Probation in Australian law. Probation is an important aspect of the employment relationship but can often be misunderstood and getting it wrong can be costly for employers. 

This article provides employers with a greater understanding of the principles of Probation and the pitfalls of termination during Probation. 

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Queensland Future of Work Life: Mental Health and Wellbeing Focus

Worker’s connection to the meaning and fulfilment of work is becoming increasingly more important, especially for upcoming generations, and future work life for businesses will need to be inclusive, supportive and flexible to incorporate diversity needs of workers.

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What new COVID advice means for you and your business

The Queensland Government will on November 11 update advice on COVID, changing the alert status from green to amber.

It means there are moderate rates of community transmission and Queensland is coming off a wave or may be entering a new wave.

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Sustainability, mental health, re-skilling and other Federal Budget wins

Businesses have been afforded a range of commitments in the areas of sustainability, mental health support, internet connectivity and workforce re-skilling in the Federal Budget. 

Timely commitments to the national business sector are essential to support businesses to maintain day-to-day productivity and thrive long term.  

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The future of workplaces in Queensland | Trends, insights and impacts

A workplace is not just a place where people congregate – it is a dynamic ecosystem, which can help or hinder employees from utilising their skills to achieve business goals. The Future of Work survey sought to understand the top future workplace concerns for Queensland businesses.

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Business outcomes from the QLD Energy and Jobs Plan

This week the Queensland Energy and Jobs Plan was released as part of the Premier’s 2022 State of the State address.  

In the plan, new renewable energy targets will be 70 per cent renewable energy by 2032 and 80 per cent by 2035.

What does this mean for business?

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What Happened at the Jobs and Skills Summit and QLD Workforce Strategy

This month a timely spotlight was on Australia’s ongoing skilled labour crisis with the Federal and Queensland Governments both committing to short and long term strategies via the national Jobs and Skills Summit and the Queensland Workforce Strategy.  Here’s what happened and what it means for Queensland businesses. 

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What are the goals of the Jobs and Skills Summit?

It’s in the news, at the forefront of our minds and supported by data - Australia is suffering from a significant labour shortage. Almost 80% of Queensland businesses have cited the lack of job applicants as an issue in CCIQ’s latest Pulse Survey of Business Conditions. 

The Australian Government has called a Job and Skills Summit this September, to provide answers to these issues.

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What will the Future of Work be in Queensland?

The future is already in the home, the street, and the workplace in the form of smartphones, Artificial Intelligence (AI), the Internet of Things (IoT), driving assistance, remote work, the Cloud and more. Many technological improvements and social changes are likely to impact Queensland businesses, what will that mean for the future of work?

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7 Steps to Earn Traditional Media Coverage and Benefit your Business

CCIQ’s masterclass at Brisbane Business Hub presented by Rebecca Archer, award-winning media trainer and podcast producer, and Emma Clarke, Media and Communications Advisor at CCIQ, focused on understanding news values, the importance of forming journalism contactsidentifying business stories and pinpointing what makes a business newsworthy.  Read highlights from the masterclass.

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1 July Super, wages and other changes QLD Businesses need to be aware of

Some business requirements will change on July 1, it's businesses responsibility to implement the updates.  

From 1 July 2022, you'll need to pay super guarantee contributions to an employee's super fund regardless of how much they are paid. The Fair Work Commission (FWC) also handed down its decision regarding an increase to the National Minimum Wage. 

Other changes include business name fees and vehicle registrations.

Get up to speed on what it means for your business and where to access support.  

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Fundamentals of exporting, freight logistics and export market diversification

CCIQ invited industry experts to share their insights on export markets diversification and supply chain logistical challenges, both key priorities for Australian exporters over the last two years, while providing an overview on how to become a successful exporter. Click to read insights from this masterclass.

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Changes to industrial relations, what businesses need to know

A new Federal Government means changes to industrial relations. Now the election is over, CCIQ HR Services takes a look at the Federal Government’s election commitments on business requirements, what they mean for Queensland businesses and how CCIQ can support you to navigate any changes.

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Managing the worker’s compensation process to protect your staff and business

 

Over the past two years, what we consider a workplace has evolved as businesses and their staff have had to adapt to new working environments 

CCIQ heard from Darren Sharry, National Manager at DWF Risk, Marissa Coward, Special Counsel at DWF Australia and Elizabeth Kelly, WHS Consultant at DWF Risk at a recent CCIQ and Brisbane Business Hub masterclass on managing the worker’s compensation process to protect your staff and business. Workplace health and safety extends beyond traditional workplaces.

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Changes to Contractor Rules: What it means for business

This year the High Court has handed two decisions about independent contracting relationships; finding contractual terms are the main determinate of employment relationships. It means businesses have been afforded some clarity when engaging contractors and the peace of mind to rely on the contractual arrangements with contractors without the risk of a claim for entitlements.   

CCIQ heard from Mark Curran, Principal Lawyer at Gilchrist Connell at a recent webinar about how the recent High Court decision changed the way the way independent contractors’ agreements are interpreted.

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Practical tips to get businesses started with sustainability

Most businesses have been affected in the last few years by a range of natural disasters and the COVID-19 pandemic. It feels like there is a lot of change at the moment – economically, politically and in the environment. 

Sustainable practices have become a priority for many businesses looking to reduce waste production, save on utility expenditure, and leverage a high-quality reputation.

Consumer sentiments are shifting:- A recent study found more than 67 per cent of Australian consumers are influenced by green or sustainability issues when making retail purchases.

CCIQ heard from Andrew ChamberlinecoBiz sustainability coach, at a recent CCIQ masterclass at the Brisbane Business Hub on building business resilience with sustainability. Andrew has 25 years of experience in delivering programs and projects in sustainability, planning, renewable energy, water, and urban regeneration. Click to read the highlights from his session.

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5 step process to calculate staff remuneration correctly

The minimum wage will increase from the first full pay period commencing on 1 July 2022 meaning an update is needed to calculate staff pay in alignment with the relevant Modern Award. How can business owners and Human Resource professionals reduce the risk of underpaying staff on annual salaries? 

CCIQ heard from Michael O’Brien, CCIQ Senior Industrial Relations Specialist and Alexander Greig, CCIQ Industrial Relations Specialist at a masterclass on Modern Awards and annual salaries titled: How to calculate staff remuneration correctly in partnership with Brisbane Business Hub. 

Michael is an experienced Industrial Relations advisor skilled in case management, conciliation, and investigations. Alex has a diverse range of knowledge and experience in Industrial Relations and previously worked with the Fair Work Ombudsman. Read highlights from the event. 

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How to minimise the impact of the Waste Levy Rates’ increase

From 1st July 2022, the existing Queensland levy zones will be divided into two new areas. The metro zone and the regional zone.

The metro zone includes the 12 local government areas in Southeast Queensland, including Noosa and Toowoomba. The Regional zone is made up of the remaining 27 local government areas in the current levy zone.  The levy increase will be applied differently in function of the zone.

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Acknowledgement of Country

Business Chamber Queensland respectfully acknowledges the Traditional Owners and custodians of the lands from across Queensland and the Torres Strait. We acknowledge the Jagera and Turrbal people as the Traditional Custodians of Meanjin (Brisbane), the lands where our office is located and the place we meet, work and learn. We pay our respects to Elders past and present.