Changes to AVA Member HR Services from 202417 Nov 2023
Since the start of 2023, the AVA Member HR Services have been provided by Liquid HR. This has clearly been a popular change as the number of members utilising the service and the variety of topics has rapidly grown across the year. So that both Liquid HR and the AVA can better plan for 2024 and beyond, we have decided to clarify the services and what they mean for members.
The table below shows topics at a broad level:
- The Advice column shows the service available inclusive with your Membership subscription fee via the AVA HR Advisory Service and online portal with its detailed guides and variety of standard templates available for download. All these resources are relevant to veterinary employers and comply with the Fair Work and other general HR legislation.
- The Consultancy column shows the types of queries that may require bespoke advice, research or detailed assistance that “general advice” is not designed to adequately service, therefore such a query moves from “advice” to “consultancy”. Liquid HR is happy to quote directly of costs to service such enquiries.
These clarifications do not change the AVA commitment to provide an HR Service as part of your membership fee. Rather, they acknowledge that some matters can become very time and resource intensive, beyond what is anticipated by a general advice arrangement. These changes will come into effect from 1 January 2024.
Remember that the HR Services are available to both employer and employed members. Employed members in particular can use it for things such as advice around contracts before signing, advice around conditions and awards.
|(Reference to Portal resources, Award, FWA and general legislation)||(Assistance with application of advice; end to end support on process; drafting/ updating template portal resource to apply to specifics; support on unique circumstances etc)|
|Stand Down /direction not to attend work||General rights and obligations; Interaction with sick leave (with doc cert);||Application and process in specific circumstance; drafting of communication to employee in specific circumstance|
|Disciplinary process||General procedural fairness advice||Assistance with drafting allegations; Link to employment obligations; assessing response; advice on findings; advice on appropriate outcomes|
|Workers' compensation||General advice on provisions / process for the specific state or territory||Assistance with drafting response; complexities e.g. in probation and termination; risks of GP claims etc|
|LSL||Direction to appropriate state or territory LSL site; general advice on who is entitled and the entitlement||Calculating what leave entitlement the employee has (varied employment status / casual etc);|
|Leave (Federal)||Entitlements, application, interaction between leave types, accrual, requirement to take leave, rejection, evidence and "reasonableness"; change to type due to illness etc|
|RDO's||Reference to Award and general application (e.g. when PH entitlements occurs etc); difference between RDO and condensed work week||Contract clause drafting; application and entitlement to Public Holidays; payment and considerations in specific circumstance (review of roster period)|
|TOIL||General application of Award requirements and record keeping obligations; contractual rights / obligations and interaction with Award||Assessment of application of TOIL process, implications for application in specific circumstance, entitlements, underpayment,|
|Personal illness / injury / impairment||General advice on considerations, obligations and entailments based on FWA, Award and legislation (e.g. discrimination, general protections, WHS)||Specific advice: Drafting letter to employee/doctor (or advice on wording); assistance with managing return to work; Strategies to mitigate risk; Implications / process for termination of employment|
|Termination in Probation||General process and required documentation||Application to specific circumstances and assessment of risks / recommendations e.g. No contract, added complications e.g. W/C claim, allegations against employer, excessive leave etc|
|Notice periods||Advice on Award provisions or application of contractual clause||Requirement to pay notice on employer instigated termination; rescission of resignation and application to specific circumstance.|
|Employment status (inc Changes)||Difference between contractor and employee; different types of employment; Casual conversion rights and obligations per award and general process; Converting from Perm to Casual and implication on entitlements / continuity of service etc||Assessing rights and obligations specific to an individual circumstance (e.g. employee or contractor); Query specific to individual employee history and circumstance; Employer specific circumstances, wording of letters for the circumstance and denial of conversion; Change to employment status not initiated by the employee - specific circumstance (under performance, redundancy etc)|
|Unpaid leave query||General employee rights and employer obligations||Query specific - extended unpaid leave, action employer can take in specific circumstance, wording of communication to employee|
|Intellectual Property requirements||Standard contract template clause queries - implications||Rewording of contract clause for specific circumstance|
|Transfer of Business||Reference to " transfer of business eBook"; general advice on implications for the existing employer and existing contractual obligations to the employee||Specific advice to individual circumstance; advice on Fair work unfair dismissal claim; implications for content of new contract and differences to current entitlements etc|
|Leave loading||General Advice on Award leave loading entitlements; Contractual Salary implications and required clause for Set-off.||Review of individual contracts and advice on entitlement to separate loading, advice on rectification of underpayment and process to follow for the specific circumstance.|
|Allowances||Award entitlements; interaction with contracts / Individual Flexibility agreements generally||Review of specific circumstance and entitlement / application of allowances based on Contract / IFA provisions; treatment of allowances in IFA clauses; Allowances and interactions with Overtime in application to a specific roster and employment terms|
|Individual Flexibility Agreements||General advice on IFA's, application, creation and "better off" test considerations||Advice on specific situation; development of IFA clauses; assessment of if circumstance is "Better off overall"; Assessment as to compliance with Award process and requirements|
|Review of communications||General advice on consideration of Award and general employment related considerations with communication||assistance with drafting communication, advice on email inclusions; review of drafted communication against legislative requirements etc|
|Parental Leave||General advice on entitlements and implications on other leave types, rights and obligations; including general advice on return to work and flexibility considerations||Assistance with drafting letter addressing employee safety; implications for employer in relation to WHS in specific circumstance etc; managing return to work negotiations|
|Shift work||General definition of Shift work; advising when additional week of annual leave applies; Advice on Award penalties; advice on when penalties apply based on Award||Review of roster to determine Award entitlements and penalties for shifts; review of roster cycle to determine if additional week of annual leave applies|