b'BACK TO NAVIGATIONYet, whilst incredibly efficient, it is clear that payroll giving is not achieving its full potential.In addition, to leadership support, and a supportive structure, one key driver of high participation rates in key employers is the use of an opt-out or Count Me In approach for new employees.This approach includes a clause in new employees contracts auto-enrolling them into the workplace giving program, unless they ticked a box to opt out (often this approach is followed up with an email reminder that they had enrolled in the program and instruction on how to change their selection at any time).Typically, in the first year of implementing this approach, participation in payroll giving programs double. Employers utilising the Count Me In approach include Energy Australia, Tomago Aluminium and Clayton Utz.As a result, they have seen a step change in their workplace giving participation.However, the Fair Work Act is currently not clear and, sometimes when a company seeks legal advice, they are often deterred from implementing this approach.As such, in 2021-2022, advocacy group, Workplace Giving Australia (WGA) is seeking an amendment to the Fair Work Act to simplify it and ensure that employers have the confidence needed to implement this game-changing approach to their giving programs.WGA will be seeking support from the legal sector to support this amendment.Law firms should identify and manage payroll giving programs focused on the: relevance of the programs to employees and firms values and interestsregular and frequent promotion of available programs leadership support and encouragement to participate in programs ability to collect and disseminate information about the success and social outcomes of the programs.59'