Australian Veterinary
Association
HR Manual
Australian Veterinary Association
Human Resource and Industrial Relations Reference Manual
March 2010
Page 1 of 92
Table of Contents
1. GENERAL INFORMATION .............................................................................................................................6
1.1 HOW TO USE THIS MANUAL ............................................................................................................................ 6
1.1.1
What if I have more questions? ...................................................................................................... 6
1.2 AUTHORITY TO USE HOTLINE ........................................................................................................................... 7
1.3 SUMMARY OF FEDERAL INDUSTRIAL RELATION CHANGES ...................................................................................... 8
1.3.1 Who is covered by the national system? i.e. Federal System Employers ............................................. 8
1.3.2 Who is not covered by the national system? i.e. Unincorporated Employers in Western Australia .... 8
1.3.3 What are the key changes that have been introduced by the new national system? .......................... 8
1.3.4 What are the functions of Fair Work Australia? .................................................................................. 8
1.3.5 What are the functions of the Fair Work Ombudsman? ...................................................................... 9
1.3.5 What are the National Employment Standards? ................................................................................. 9
1.3.6 What are the new Agreement making provisions? ............................................................................ 10
1.3.7 What is the Better Off Overall Test? .................................................................................................. 11
1.3.8 What are Modern Awards? ................................................................................................................ 11
1.3.9 Summary - The Animal Care and Veterinary Services Award 2010 .................................................... 11
1.4 UNINCORPORATED EMPLOYERS – WESTERN AUSTRALIA ..................................................................................... 16
2. RECRUITMENT ........................................................................................................................................... 17
2.1
2.2
WHAT QUESTIONS SHOULD I ASK AT AN INTERVIEW? .......................................................................................... 17
WHAT QUESTIONS SHOULDN’T I ASK? .............................................................................................................. 18
3. INTRODUCTION TO OCCUPATIONAL HEALTH AND SAFETY ........................................................................ 19
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
WHAT IS OCCUPATIONAL HEALTH AND SAFETY? ................................................................................................ 19
WHAT TYPES OF CONDITIONS AM I TRYING TO PREVENT? ..................................................................................... 19
WHO IS RESPONSIBLE FOR OH&S? ................................................................................................................. 20
WHAT ARE THE BENEFITS OF A SAFE AND HEALTHY WORK ENVIRONMENT? .............................................................. 20
WHAT ARE THE COSTS OF AN UNSAFE AND UNHEALTHY WORK ENVIRONMENT? ........................................................ 20
WHAT ACTS REGULATE OH&S ISSUES? ........................................................................................................... 21
WHAT ARE MY RESPONSIBILITIES AS AN EMPLOYER UNDER THE LEGISLATION? .......................................................... 21
WHAT HAPPENS IF I IGNORE OH&S ISSUES? ..................................................................................................... 22
WHAT ARE AN INSPECTORS’ POWERS? ............................................................................................................. 22
4. OH&S POLICIES AND PROCEDURES ........................................................................................................... 23
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
ACCIDENTS ................................................................................................................................................. 23
DRUGS, SMOKING & ALCOHOL POLICY ............................................................................................................ 23
EMPLOYEE MEDICAL EXAMINATIONS ............................................................................................................... 24
FIRE PREVENTION ........................................................................................................................................ 24
FIRE SAFETY & EVACUATION .......................................................................................................................... 25
GENERAL HEALTH & SAFETY IN THE WORKPLACE ............................................................................................... 26
ILLNESS & DISEASE ...................................................................................................................................... 26
COMMUNICABLE DISEASES ............................................................................................................................ 27
FUNGAL INFECTIONS .................................................................................................................................... 27
HEPATITIS B AND C ...................................................................................................................................... 27
AIDS ........................................................................................................................................................ 27
UNIVERSAL HYGIENE PRECAUTIONS................................................................................................................. 28
5. WORKERS COMPENSATION....................................................................................................................... 29
5.1 WHAT IS WORKERS COMPENSATION? ............................................................................................................. 29
5.2 WHAT LEGISLATION GOVERNS WORKERS COMPENSATION? ................................................................................. 29
5.3 HOW DO AWARDS AND WORKERS COMPENSATION LEGISLATION INTERRELATE?........................................................ 29
5.3.1
Accident pay in awards ................................................................................................................. 30
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Human Resource and Industrial Relations Reference Manual
March 2010
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5.3.2
5.3.3
5.3.4
Rostered days................................................................................................................................ 30
Leave provisions ............................................................................................................................ 30
Termination of employment of workers compensation recipient ................................................. 30
6. TERMINATION OF EMPLOYMENT .............................................................................................................. 31
6.1 DO I HAVE A LEGAL RIGHT TO TERMINATE THE EMPLOYMENT OF MY EMPLOYEES? ..................................................... 31
6.2 FEDERAL SYSTEM EMPLOYERS ........................................................................................................................ 31
6.2.1
Unfair Dismissal ............................................................................................................................ 31
6.3 UNINCORPORATED EMPLOYERS – WESTERN AUSTRALIA (ONLY) ........................................................................... 34
6.3.1
Unfair Dismissal ............................................................................................................................ 34
6.3.2
Unlawful Termination ................................................................................................................... 34
6.4 WHEN SHOULD I NOT TERMINATE EMPLOYMENT? .............................................................................................. 35
6.5 WHAT IS UNSATISFACTORY PERFORMANCE OR BEHAVIOUR? ............................................................................... 35
6.6 WHAT ARE GROUNDS FOR INSTANT OR SUMMARY DISMISSAL? ............................................................................. 36
6.6.1
What is a sensible Instant Dismissal Procedure? .......................................................................... 37
6.6 HOW MUCH NOTICE DO I NEED TO GIVE BEFORE I TERMINATE? ............................................................................. 37
6.7 CAN I PAY THE EMPLOYEE OUT IN LIEU OF HAVING THEM WORK THE NOTICE PERIOD? ................................................ 38
6.8 WHAT OTHER PAYMENTS DO I NEED TO MAKE ON TERMINATION? ......................................................................... 38
6.8.1
Payment for work completed up to termination .......................................................................... 38
6.8.2
Accrued but untaken annual leave and pro-rata annual leave entitlements for the current year 38
6.8.3
Accrued but untaken long service leave and pro-rata long service leave entitlements ................ 38
6.8.4
Severance Payments ..................................................................................................................... 38
6.8.5
Superannuation ............................................................................................................................ 39
6.8.6
Other Contractual Benefits ........................................................................................................... 39
6.9 REDUNDANCY ............................................................................................................................................. 39
6.9.1
What is redundancy? .................................................................................................................... 39
6.9.2
What redundancy provision applies to my employees? ................................................................ 39
Unincorporated Employers – Western Australia ......................................................................................... 40
6.10 EMPLOYEE INITIATED TERMINATION ................................................................................................................ 41
6.10.1
What is employee initiated termination?................................................................................. 41
6.10.2
What are the employer’s rights in relation to employee initiated termination? ..................... 42
7. LEAVE ........................................................................................................................................................ 44
7.1 ANNUAL LEAVE ........................................................................................................................................... 44
7.1.1
What is an annual leave?.............................................................................................................. 44
7.1.2
When can annual leave be taken? ................................................................................................ 44
7.1.3
How can annual leave be taken? .................................................................................................. 44
7.1.4
What rate of pay is paid to full-time and part-time workers taking annual leave?...................... 45
7.1.5
What is an 'annual close down'? .................................................................................................. 45
7.1.5.1
How does an annual close-down work? ................................................................................... 45
7.1.6
What payment is due for annual leave when a person leaves their employment? ...................... 46
7.1.7
How is a pro rata payment calculated? ........................................................................................ 46
7.1.8
What about annual leave loading and termination? .................................................................... 46
7.1.9
What happens to annual leave entitlements when a business is sold or taken over? .................. 47
7.1.10
Can a lump sum payment be made instead of annual leave?.................................................. 47
7.1.11
What happens if a public holiday occurs during annual leave ................................................. 48
7.1.12
How do other types of leave interrelate? ................................................................................. 48

Workers Compensation ..................................................................................................................... 48
New South Wales ........................................................................................................................................ 48
Victoria ........................................................................................................................................................ 48
Queensland ................................................................................................................................................. 48
South Australia ............................................................................................................................................ 48
Western Australia ....................................................................................................................................... 48
Tasmania ..................................................................................................................................................... 48
Northern Territory ....................................................................................................................................... 48
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March 2010
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
Other Forms of Leave......................................................................................................................... 49
7.1.13
What about terminating employment during annual leave? .................................................. 49

Employer ............................................................................................................................................ 49

Employee ........................................................................................................................................... 49
7.1.14
What are the employer's responsibilities? ............................................................................... 49
7.2 LONG SERVICE LEAVE ................................................................................................................................... 50
7.2.1
What is long service leave? ........................................................................................................... 50

New South Wales ............................................................................................................................... 50

Australian Capital Territory ............................................................................................................... 50

Victoria .............................................................................................................................................. 50

Queensland ........................................................................................................................................ 50

South Australia .................................................................................................................................. 50

Western Australia .............................................................................................................................. 51

Tasmania ........................................................................................................................................... 51

Northern Territory ............................................................................................................................. 51
7.2.2
Who is not covered? ..................................................................................................................... 51
7.2.3
What about casual and part-time employees? ............................................................................. 51
7.2.5
What is continuous service?.......................................................................................................... 52
7.2.6
What types of leave affect accrual of long service leave entitlements? ....................................... 52
7.2.7
Must I tell my employee that their long service leave is due? ...................................................... 52
7.2.8
When must the employee take leave? .......................................................................................... 53
7.2.9
Can leave be taken in more than one period? .............................................................................. 53
7.2.10
At what rate should I pay long service leave? .......................................................................... 53
7.2.11
What if the employee resigns, is terminated or dies before taking leave? .............................. 54
7.2.12
Can I pay out long service leave without the leave actually being taken? ............................... 54
7.2.13
Can I grant long service leave in advance? .............................................................................. 54
7.3 PERSONAL/CARER’S LEAVE – (SICK AND/OR CARER’S LEAVE) ............................................................................... 55
7.3.1
What is personal/carer’s leave? ................................................................................................... 55
7.3.2
Who is entitled to personal/carer’s leave? ................................................................................... 55
7.3.3
Does personal/carer’s leave accumulate? .................................................................................... 55
7.3.5
Can personal/carer’s leave be cashed in? ..................................................................................... 55
7.3.6
Do I have to pay personal/carer’s leave on termination? ............................................................. 55
7.3.7
When does my employee have to notify me that they are ill? ...................................................... 56
7.3.8
Can I ask for proof of illness? ........................................................................................................ 56
7.3.9
When is personal/carer’s leave not applicable? ........................................................................... 56
7.3.10
What if my employee falls ill during another type of leave? .................................................... 56
7.3.11
Should I keep a record of personal/carer’s leave entitlements and personal/carer’s leave
taken?
57
7.4 PUBLIC AND SPECIAL HOLIDAYS ...................................................................................................................... 57
7.4.1
What are public holidays and special holidays? ........................................................................... 57
7.4.2
What about regional holidays? ..................................................................................................... 57
7.4.3
Who is entitled to payment for public holidays? .......................................................................... 58
7.4.4
What if a public holiday falls during other types of leave? ........................................................... 58
7.4.5
Are employees entitled to additional payments if they work on public holidays? ........................ 58
7.4.6
Public Holidays – States and Territories ........................................................................................ 58
7.5 PARENTAL LEAVE ......................................................................................................................................... 59
7.5.1
What is parental leave? ................................................................................................................ 59
7.5.2
Who is entitled to parental leave? ................................................................................................ 60
7.5.3
When does my employee become entitled to parental leave? ..................................................... 60
7.5.4. What are the notice provisions? ................................................................................................... 60
7.5.5
When can leave commence? ........................................................................................................ 61
Maternity Leave .......................................................................................................................................... 61
Paternity Leave............................................................................................................................................ 61
Adoption Leave............................................................................................................................................ 62
7.5.6
What is Special Maternity Leave? ................................................................................................. 62
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Human Resource and Industrial Relations Reference Manual
March 2010
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7.5.7
What if the child is born prematurely? ......................................................................................... 62
7.5.8
Does my employee have to take parental leave? ......................................................................... 62
7.5.9
Can other types of leave be taken concurrently? .......................................................................... 62
7.5.10
Can I terminate an employee on parental leave? .................................................................... 62
7.6 OTHER TYPES OF LEAVE ................................................................................................................................ 63
7.6.1
What other types of leave are available to employees? ............................................................... 63
7.6.2
Do I have to grant an employee all of these types of leave? ........................................................ 64
8. EMPLOYEE RECORDS ................................................................................................................................. 67
8.1
8.2
WHAT TYPES OF EMPLOYEE RECORDS SHOULD I KEEP? ........................................................................................ 67
DOES THE FAIR WORK ACT CONTAIN ANY ADDITIONAL RECORD KEEPING REQUIREMENTS? ......................................... 68
SCHEDULE A: TEMPLATE JOB DESCRIPTIONS .................................................................................................. 71
A.1
A.2
A.3
VETERINARY SURGEON ................................................................................................................................. 71
VETERINARY ASSISTANT ................................................................................................................................ 77
RECEPTIONIST/PRACTICE MANAGER ............................................................................................................... 83
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Human Resource and Industrial Relations Reference Manual
March 2010
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1. General Information
1.1
How to Use this Manual
The Australian Veterinary Association Inc. Human Resource and Industrial Relations
Reference Manual has been produced to assist members in dealing with the day to day
Human Resource and Industrial Relations issues which face veterinary practices.
The Table of Contents at the front of the Manual provides a full listing of the contents
showing Section and Page numbers.
Each sub-section is numbered according to the Section number and its location within the
Chapter. In the header of each page you will find a reference to the Section Number. In the
Footer you will find the reference to the Sub-Section.
For example, the reference 7.1.1 directs you to:Section
Sub-Section
Item
7
7.1
7.1.1
-
Leave
Annual Leave
What is annual leave?
Sub-Sections are numbered in sequence e.g. 7.1, 7.2, 7.3.
To reference the information you need, simply look up the topic in the Table of Contents.
Western Australia – Unincorporated Employers
We note that unless otherwise indicated the information contained within this Manual
relates to all employers. Unincorporated Employers in Western Australia are treated
differently in some instances. This will be clearly identified throughout this Manual.
1.1.1 What if I have more questions?
In conjunction with the Manual, the Australian Veterinary Association Inc. also has a
telephone hotline service called the AVA HR Hotline. Members of the Association are
invited to ring the service on 1300 788 977 to discuss any matters relating to Human
Resources and Industrial Relations issues within your Practice or affecting your employment.
Alternatively, you may choose to email the hotline at
avahrhotline@whr.com.au
This service is available to all financial members of the Association. In order to access the
service, members will need to quote their membership number.
If a member wishes to authorise someone else to access the service on his or her behalf, an
Authority to Use Hotline form (See Section 1.2) will need to be completed
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March 2010
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1.2
Authority to Use Hotline
Please complete and send a copy of the following form to the AVA HR Advisory Service, advising
us that you require a person other than yourself to access the HR Hotline on your behalf.
Fax to: 02 9993 9709
Member Name
Membership No.
I hereby authorise the following person to access the HR Hotline on my behalf to
discuss the issue outline below.
Signature
Date
Full Name of Non-Member
a) Ongoing authorisation
(please sign) or
b)
Single
description)
Issue
(Brief
Date Issue Notified to HR
Hotline
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Human Resource and Industrial Relations Reference Manual
March 2010
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1.3
Summary of Federal Industrial Relation Changes
The national workplace relations system covers the majority of businesses in Australia and applies
nationally. This means that the employers and employees in the national system have the same
rights and obligations, regardless of the state they work in.
1.3.1 Who is covered by the national system? i.e. Federal System Employers
Employees covered by the national workplace relations system include those who are
employed by a constitutional corporation that is trading and financial (generally a Pty Ltd or
Ltd company) and those employed in Victoria, the ACT or NT.
From 1 January 2010, unincorporated employers (generally sole traders and partnerships) in
New South Wales, Queensland, South Australia and Tasmania also become subject to the
national workplace relations system. This is due to the referral of industrial powers by their
State governments to the Federal government.
1.3.2 Who is not covered by the national system? i.e. Unincorporated Employers in
Western Australia
Western Australia has not joined the national industrial relations system. This means that
unincorporated employers and their employees within Western Australia will continue to
operate under the Western Australian state system. (Further information in relation to these
employers in available in section 1.4).
1.3.3 What are the key changes that have been introduced by the new national
system?
The Fair Work Act 2009 came into operation on 1 July 2009. This legislation came into
operation in two separate stages. The first stage took effect on the 1st of July 2009 and the
second stage commenced on the 1st of January 2010. The key changes include:

the creation of Fair Work Australia and the Fair Work Ombudsman;

the introduction of 10 National Employment Standards;

the introduction of new rules and procedures for unfair dismissal and unlawful
termination claims (further information in relation to these provisions is available in
section 6);

the introduction of new rules in relation to agreement making; and

the introduction of new Modern Awards.
1.3.4 What are the functions of Fair Work Australia?
Fair Work Australia will absorb current government entities including the Australian
Industrial Relations Commission, Workplace Authority, Workplace Ombudsman, Australian
Building and Construction Industry Commission and the Federal Magistrates’ Court.
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March 2010
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Fair Work Australia’s functions will include the following: assisting parties to resolve workplace grievances;
 resolve unfair dismissal and unlawful termination claims;
 facilitate collective bargaining and enforce good faith bargaining;
 review and approve collective agreements;
 adjust minimum wages and award conditions;
 ensure compliance and application of the workplace laws, awards and agreements;
and
 regulate registered industrial organisations.
1.3.5 What are the functions of the Fair Work Ombudsman?
The Fair Work Ombudsman is an independent statutory office which was created by the Fair
Work Act 2009.
The Fair Work Ombudsman’s functions include promoting harmonious, productive and
cooperative workplace relations and ensuring compliance with the federal legislation.
1.3.5 What are the National Employment Standards?
The Fair Work Act 2009 contains 10 national standards that will apply to all federal system
employers and employees. The National Employment Standards came into operation on 1
January 2010. They include the following:










Hours per week – average of 38 hours per week plus reasonable additional hours.
Parental Leave – up to 12 months of unpaid leave for every employee, plus a right to
request an additional 12 months unpaid leave.
Flexible Work for Parents: a parent will have the right to request a change in
working arrangements to assist with the care of a child who is either under school
age or under the age of 18 with a disability.
Annual leave: all employees will still be entitled to 4 weeks of annual leave.
Personal/Carer’s/Compassionate Leave: 10 days paid personal/carer’s leave, 2 days
for compassionate leave and 2 days unpaid carer’s leave where no entitlement to
paid leave is available.
Community Service Leave: unpaid leave for voluntary emergency activities and
leave for jury service (up to 10 days paid).
Public Holidays: paid day off on public holidays, unless reasonably requested to
work.
Information in the Workplace: similar to the Compulsory Fact sheet under
WorkChoices, employers will have to provide a “Fair Work Information Statement”
to new employees.
Termination of Employment and Redundancy: up to 4 weeks notice of termination
and up to 16 weeks redundancy pay, both based on length of service.
Long Service leave: a transitional scheme which provides employees with their
existing entitlements under the relevant State legislation. Employers should be
aware that the development of a national long service leave standard is currently
being discussed.
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Human Resource and Industrial Relations Reference Manual
March 2010
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1.3.6 What are the new Agreement making provisions?
Under the Fair Work legislation the following types of agreements may be made: Greenfield
union agreements (not Greenfield employer agreements), collective agreements, individual
flexiblity agreements and multiple-employer agreements.
Under this system an employer must take all reasonable steps to give a notice to employees
who will be covered by the agreement stating that the employee may appoint a bargaining
representative to represent them in bargaining for the agreement and in related matters.
The notice must explain that the employee is required to give a copy of any appointment to
the employer.
Those involved in the bargaining process, including bargaining representatives, are required
to bargain in good faith.
The following are the good faith bargaining requirements that a bargaining representative
for a proposed enterprise agreement must meet:
 Attending and participating in meetings at reasonable times;
 Disclosing relevant information in a timely manner (unless such information is
commercially sensitive);
 Responding to proposals made by other bargaining representatives for the
agreement in a timely manner;
 Giving genuine consideration to the proposals of other bargaining representatives
for the agreement and giving reasons with any responses to these proposals;
 Refraining from capricious or unfair conduct that undermines freedom of
association or collective bargaining; and
 Recognising and bargaining with the other bargaining representatives for the
agreement.
The good faith bargaining requirements do not however require a bargaining representative
to:
 Make concessions during bargaining for the agreement; or
 Reach agreement on the terms that are to be included in the agreement.
Under the new system, an agreement is made when a majority of the employees of the
employer, or each employer, who cast a valid vote endorse the agreement.
After the enterprise agreement is made a bargaining representative for the agreement must
apply to Fair Work Australia (FWA) for approval of the agreement. This application must be
lodged within 14 days of the agreement being made.
The application must contain the appropriate form (available on the FWA website), a signed
copy of the agreement and any declarations that are required by the FWA Rules or
regulations.
Agreements will come into effect within seven days after they are approved by FWA or at a
later date if one is specified within the agreement. The Agreement must pass the Better Off
Overall Test in order to be approved.
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March 2010
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1.3.7 What is the Better Off Overall Test?
The aim of the Better Off Overall Test is to ensure that every employee who will be covered
by the agreement will be better off under the agreement then they would be under the
relevant modern award. The test takes place at the time the application for approval of an
agreement is made. Fair Work Australia is able to consider “classes” of employees (for
example full time employees performing the same job) rather than applying the test to each
individual covered by the agreement separately.
Minimum wage increases will override any less generous wage increases within a collective
agreement. This means that if subsequent Federal wage increases are higher than
employees would receive under the agreement, employers must make up the difference.
1.3.8 What are Modern Awards?
Modern Awards started operating on 1 January 2010. Modern Awards establish one set of
minimum conditions for employers and employees across Australia who work in the same
industries and occupations.
The relevant Modern Award in the veterinary industry is known as the ‘Animal Care and
Veterinary Services Award 2010’. This Award currently applies to all veterinary practices in
Victoria, Northern Territory and the Australian Capital Territory. It also applies to all
businesses that operate as an ‘incorporated business’, which generally means a Pty Ltd
company.
If your business is unincorporated this Award will commence in your organisation from 1
January 2011. The only exception to this is unincorporated veterinary practices within
Western Australia.
1.3.9 Summary - The Animal Care and Veterinary Services Award 2010
Award Condition
Animal Care and Veterinary Services Award 2010
Coverage
Employers throughout Australia in the veterinary surgery
industry and the animal care industry.
Clause 4.1
Exclusions
Does not cover those covered by:
- the Amusement, Events and Recreation Award 2010;
- the Food, Beverage and Tobacco Manufacturing Award
2010;
- the Horse and Greyhound Training Award 2010; and
- the Pastoral Award 2010.
Clause 4.2
Casual employees
Casual Loading 25% - Clause 10.5(b)
Minimum Engagement – 3 hours – Clause 10.5(c)
Full time employees
Ordinary hours = average 38 hours per week – see Clause 10.3
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Human Resource and Industrial Relations Reference Manual
March 2010
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Award Condition
Part time employees
Hours of Work
Meal Break
Rest Break
Saturday Rates
Sunday
Overtime
Animal Care and Veterinary Services Award 2010
Engaged to work less than the full time hours (that is, 38 per
week) – Clause 10.4
All employees:
Span of Hours (day work)
6.00am to 9.00pm Mon-Sun – Clause 22.2
Maximum 10 hours per day – Clause 22.1(b)
Veterinary Surgeons
Time taken for travel required in the performance of duties will
contribute to hours of work.
Rosters should be provided at least one month in advance.
Holiday and Public Holiday Rosters at least two months in
advance.
Associates (other than Casuals) should receive minimum three
full days off per fortnight.
Days off will accumulate if not given and paid out within six
weeks if not taken.
Clause 22.3
Not less than ½ hour between the 4th and 5th hour of work unless
otherwise agreed by the employer and employee in times of
emergency or staff accident or illness. Clause 23.1
Other than Veterinary Surgeons
10 minute paid rest break after four hours work.
Where the employee works 7.6 hours per day they shall be
entitled to two paid 10 minute rest breaks or by agreement one
paid 20 minute break.
Clause 23.2
Other than Veterinary Surgeons
Ordinary Hours after 1pm – 150% first 3 hours; 200% thereafter
Clause 24.2(a)(i)
Other than Veterinary Surgeons
Ordinary Hours – 200%
Clause 24.2(a))(ii)
Veterinary Surgeons:
Additional remuneration at the ordinary time rate or time off
instead of payment on an hour for an hour basis (where agreed).
Agreement can be made for an annual allowance.
Clause 24.1
Other than Veterinary Surgeons
First three hours – 150%
Thereafter – 200%
Sunday – 200% (minimum payment 3 hours)
Each day stands alone.
Clause 24.2(b)
When recalled to work after usual finishing time for that day
overtime applies with a minimum payment as for three hours
work.
Clause 24.3
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Human Resource and Industrial Relations Reference Manual
March 2010
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Award Condition
Public Holiday
Shift Work
Meal Allowance
Vehicle/Travel
Allowance
District Allowances
Animal Care and Veterinary Services Award 2010
Other than Veterinary Surgeons
Day off without loss of pay.
Clause 29.3
When required to work – 250%
Minimum 4 hours work.
Clause 24.2(a)(iii) & Clause 29.3
Veterinary Surgeons
When required to work – 200%
FT Associates who do not regularly work five days Monday to
Friday not to be disadvantaged.
Provisions regarding substitution of days and to ensure FT and PT
associates are not disadvantaged due to their roster
arrangements are contained within Clause 29.2.
Where an employee is engaged on shift work:
- 15% loading for shift finishing after 8pm;
- 30% loading for a shift where the majority of hours is
between midnight and 8.00am;
- 15% loading for a shift commencing at or before 6.30am
Ordinary Hours on Saturday – 150%
All work on Sunday – 200%
All work on public holidays – 250%
Other than Veterinary Surgeons
Overtime for more than one and a half hours without notification
prior to completion of work the previous day - $9.01 for the first
meal and $7.75 for the second and subsequent meal (each 4 hour
period).
Not applicable if provided with a substantial meal on each
occasion.
If employee provides a meal or meals and the overtime is no
longer required the allowances (above) must be paid for the
surplus meals.
Clause 16.2(a)
Where travel is required in the performance of duties the
employer must meet all reasonable expenses – Clause 16.3(b)
When required to use private vehicle for work purposes - $0.74
per km – Clause 16.3(b)(i)
When required to use private motorcycle for work purposes $0.25 per km – Clause 16.3(b)(ii)
When provided with a work vehicle the employer must pay all
expenses including registration, running and maintenance –
Clause 16.3(b)(iii)
Employees in Northern Territory and Western Australia continue
current district allowances.
This ceases to apply on 31 December 2014.
Clause 17
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Award Condition
Animal Care and Veterinary Services Award 2010
Broken Shifts
Other than Veterinary Surgeons
Broken Shifts – 1.60% of the Standard Rate($637.60) = $10.20
Clause 16.2(b)
First Aid Allowance
Other than Veterinary Surgeons
Qualified first aid attendant and appointed to carry out such
duties –1.96% of the standard rate per week ($637.60) = $12.50
per week
Clause 16.2(d)
Clothing and Laundry All employees
Allowance
Where required to wear uniform – allowance equivalent to the
cost of the uniform and a laundry allowance of at least $6.51 per
week unless by agreement the employer provides and launders
the uniform.
Clause 16.3(a)
Communication
systems
Only Applicable to Veterinary Surgeons.
Reimbursed cost of purchasing communication system where
required by the employer.
Employer must also meet the systems running costs for practice
usage or provide an allowance to cover such costs.
Clause 16.1(a)(i)
Where required to perform on call duty the employee shall be
provided with a communication system.
Clause 16.1(a)(ii)
On Call Duty
Veterinary Surgeons
On Call Allowance – 5.06% of the Standard Rate ($637.60) =
$32.26
Active on call duty – no less than the relevant hourly rate though
Agreement can be made to compensate employees by way of
other payment of time in lieu. Such agreements must be
recorded in writing.
Clause 16.1(b)
Other than Veterinary Surgeons
24 hour period Monday to Friday - 2.07% of the standard rate
($637.60) = $13.20
24 hour period Saturday – 3.11% of the standard rate ($637.60) =
$19.83
24 hours period Sunday – 3.62% of the standard rate ($637.60) =
$23.08
Clause 16.2(e)
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Award Condition
Animal Care and Veterinary Services Award 2010
Higher
Allowance
Duties Veterinary Surgeons
Where required to perform higher duties for a period of more
than two weeks, the associate is entitled to the minimum rate for
the level of work performed - Clause 16.1(c)
Other than Veterinary Surgeons
Where engaged for a day or shift on higher duties the higher rate
is to be paid for the day or shift.
Where engaged to perform lower duties, no reduction in wages
should be applied, provided that the work shall be for less than
one week’s duration - Clause 16.2(c)
Notice of Termination NES Applies (Notice based on length of service) – Clause 11.1
Employee required to give same period of notice (except for
additional notice based on employees age). If the employee fails
to give this notice the employer may withhold from monies due
an amount equivalent to the notice period – Clause 11.3
Veterinary Surgeons – The notice period is one month. (Clause
11.2)
Employee is entitled to up to one day’s leave for the purpose of
seeking other employment if given notice of termination by the
employee – Clause 11.4
Redundancy
As provided in the NES – Clause 12.1
Employee is entitled to up to one day’s leave per week during the
notice period for the purpose of seeking other employment –
Clause 12.4
NAPSA Redundancy provisions will apply until 31 December 2014
– Clause 12.5
Annual leave
4 weeks per year (5 weeks for shiftworkers). - Clause 26 & NES.
Leave can be taken in advance by agreement and recover from
final payments if the employee leaves.
Clause 26.4
Employees can be required to take leave due to a close-down. 4
weeks notice must be given.
Clause 26.5
Annual Leave Loading Day work - 17.5% loading or weekend penalty rates (whichever is
higher).
Shift work – 17.5% loading or shift work penalties (whichever is
higher).
Clause 26.3
Personal / Carer’s 10 days per year.
leave
Clause 27 & NES
Professional
Development
Indemnity
Veterinary Surgeons Only
and FT Associates – 1 weeks paid study leave for each completed year
of service – Clause 19.3
Employer must pay any course registration fees for agreed
professional development activities – Clause 19.5
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1.4
Unincorporated Employers – Western Australia
As discussed above, unincorporated employers in Western Australia are not covered by the Federal
industrial relations system. Such employers remain bound by the Western Australian state system.
The Western Australian state system is primarily regulated by the Industrial Relations Act 1976 and
the Minimum Conditions of Employment Act 1993.
Unlike the federal industrial relations system, the Western Australian state system has not
undergone extensive changes.
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2. Recruitment
2.1
What questions should I ask at an interview?
Write questions prior to the interview that specifically probe for the existence of relevant skills and
competencies necessary for successful performance of the role. It is often useful to use the job
description for the position to identify possible questions. Template Job Descriptions have been
included at Schedule A to this Manual. Template Contracts of Employment are available in the HR
section of the AVA member website.
By way of example, in the Veterinary Surgeon’s job description, a technical competency identified
may be:
Initial examination & consultation
10%
Gains full history by carrying out initial examination & consultation.
H:
M:
L:
Clinical records are complete. Appropriate gathering of data
relevant to the patients presenting condition
Cursory examination. Incomplete gathering of data.
Possible questions may be:
1.
2.
“Please describe in detail the specific steps you followed in a recent patient
examination.”
“Can you think of a specific recent example where you had a problem carrying out an
initial examination & consultation?”
In the interview, ensure that you focus your questions on four to six of the most important
competencies as identified in the job description.
You should listen for answers to your questions that allow you to align their answers with the ‘High’,
‘Mid’ or ‘Low’ anchors in the job description. Attempt to assess at what performance level the
applicant is primarily describing his/her behaviour. ie. Is he/she performing at:
High anchor:
Mid anchor:
Low anchor:
Have they provided you with examples of their behaviour that are similar to the
examples given in the job description anchor reflecting superior performance for
this competency?
Have they provided you with examples of their behaviour that are similar to the
examples given in the job description anchor reflecting satisfactory performance
for this competency?
Have they provided you with examples of their behaviour that are similar to the
examples given in the job description anchor reflecting below standard
performance for this competency?
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2.2
What questions shouldn’t I ask?
Broadly speaking any question which results in the applicant having to divulge information which is
private in nature and which does not have a direct impact on their ability to perform in the position
should not be asked.
Examples include:


















marital status
height and weight
partner’s name, age and occupation
parents, next of kin’s name, age and occupation
number, names, ages, occupations etc. of children, dependants, brothers and sisters
religion
nationality
war service
criminal convictions or imprisonment
past addresses and telephone numbers
accommodation - ownership, rental
financial status including details of past bankruptcies etc.
sources of income
details of assets
details of liabilities
spending habits
drug usage - legal and illegal
past illnesses, diseases, operations and conditions
health of partner, family etc.
It may be that some of the items which appear on this list you do need information about. For
example, if you are employing a person who will be required to handle large sums of money, you
may well have a valid reason for inquiring about any past criminal convictions.
A suitable question would be:“Have you been convicted of an offence under any Act during the last 10 years? Please provide brief
details.”
Before asking this type of question however we recommend you contact the AVA HR Hotline to
discuss the position you are currently seeking to fill and the reasons for wanting to ask the employee
questions in relation to the above matters.
It is also important for employers to ensure that they do not exclude people from employment
based on their race, colour, sex, sexual preference, age, physical or mental disability, marital status,
family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
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3. Introduction to Occupational Health and Safety
3.1
What is Occupational Health and Safety?
Occupational health and safety (OH&S) concerns the physiological and psychological conditions of a
workforce that results from the work environment provided by the practice. OH&S seeks to prevent
accidents and diseases by ensuring workplaces are free from hazardous conditions.
Taking effective health and safety measures ensures that fewer employees have short or long-term
ill effects as a result of being employed by your practice.
Employers should be aware that the Federal government is currently looking at implementing a
national system of OH&S. This system should be in place from 2013. We will upodate members of
any advancements in this area. The state governments at this stage retain responsibility for this
area.
3.2
What types of conditions am I trying to prevent?
Adverse physiological conditions include:








occupational diseases and accidents such as loss of life or limb
cardiovascular diseases
various forms of cancer such as lung cancer and leukemia
emphysema
arthritis
white, brown and black lung disease
sterility
central nervous system damage
chronic bronchitis
Psychological conditions refer to organisational stress and a low quality of working life and include:












dissatisfaction
apathy
withdrawal
projection
tunnel vision
forgetfulness
confusion about roles and duties
mistrust of others
vacillation in decision making
inattentiveness
irritability
procrastination
tendency to become distraught over trifling matters
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3.3
Who is responsible for OH&S?
Responsibility for OH&S should be seen as a partnership between managers, HR professionals and
employees.
Line Managers should make safety and health a major objective of the business and support the HR
professionals’ efforts to train all employees in safety and health whilst also allowing employees to
have more participation in decision making.
HR Professionals should work with other professionals such as medical doctors and industrial
engineers to develop new programs that train employees for safe, healthy and stress managing
behaviours and reward them for success.
Employees need to participate in the development and administration of OH&S programs and
perform their tasks in accordance with established guidelines. They should be encouraged to
accurately report work-related illnesses and injuries.
3.4
What are the benefits of a safe and healthy work environment?
Reduction in the rate and severity of occupation accidents, disease and work-relation stress levels
improves the quality of work life for employees thereby increasing their effectiveness.
Improvements can result in:





3.5
more productivity due to few lost workdays
increased efficiency from a more committed work force
reduced medical and insurance costs
lower workers’ compensation rates and direct payments
increased flexibility and adaptability in the work force as a result of increased
participation and an increases sense of ownership
better selection ratios because of the enhanced image of the practice
What are the costs of an unsafe and unhealthy work environment?
In Australia, well in excess of half a million workers suffer work related injuries and illnesses at an
estimated cost of $20 billion per annum.
The costs of an unsafe and unhealthy work environment can be viewed in three ways:1.
2.
3.
Direct costs by way of workers’ compensation
Indirect costs in terms of lost productivity and the wider community at large
Human pain and suffering.
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3.6
What Acts regulate OH&S issues?
Act
Administered by
Maximum
Penalty
Federal
National Occupational Health and Safety
Commission Act 1985
Occupational
Health
and
Safety
(Commonwealth Employment) Act 1991
Comcare
Australia
$100,000
New South Wales
Occupational Health and Safety Act 2000
WorkCover
Authority of New
South Wales
$825,000
Australian Capital
Territory
Occupational Health and Safety Act 1989
ACT WorkCover
Authority
$125,000
Victoria
Occupational Health and Safety Act 1985
Victorian
WorkCover
Authority
$250,000
Queensland
Workplace Health and Safety Act 1995
Queensland
WorkCover
Authority
$60,000
South Australia
Occupational Health, Safety and Welfare
Act 1986
WorkCover
Corporation
of
South Australia
$200,000
Western
Australia
Occupational Safety and Health Act 1984
Factories and Shops Act 1963
WorkCover
Western Australia
$200,000
Tasmania
Workplace Health and Safety Act 1995
Workplace
Standards
Authority
$150,000
Northern
Territory
Work Health Act 1986
Northern
Territory
Work
Health Authority
$125,000
3.7
What are my responsibilities as an employer under the legislation?
Although OH&S legislation differs from one jurisdiction to another, there are common principles and
obligations. Key duties of employers under the various Acts and regulations include:


establishing and maintaining safe place of work (including arrangements for access and
egress);
providing and maintaining systems of work which are safe and without risk to health;
ensuring the safety and health of employees and others (including contractors and
visitors to the workplace) in relation to:Australian Veterinary Association
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o
o

3.8
the use, handling, storage and transport of substances; and
the installation/erection, commissioning, operation, dismantling and
disposal of plant; and
providing adequate information, training and supervision to employees.
What happens if I ignore OH&S issues?
The law provides for enforcement of legislation by the various authorities through their
inspectorates, with a scale of penalties for non-compliance. Managers and owners can be personally
liability for OH&S breaches and may be subject to heavy fines and in some cases imprisonment.
If an OH&S breach has resulted in death or serious injury, criminal law proceedings may also be
brought.
3.9
What are an inspectors’ powers?
Inspectors’ powers vary from one jurisdiction to another, however, in most cases they have the right
to enter work premises at any reasonable time without notice.
Once on the premises they are required to:



notify the person in charge of the workplace or relevant operation and the relevant
employee safety representative of their presence;
produce their identity cards if requested to do so;
provide written notification in relation to any items being seized; and
notify the workplace of any samples being removed and provide a part of the sample to
the workplace.
Employee safety representatives and OH&S committee members have a right to accompany
inspectors on their workplace visits and to conduct their own inspections and investigations.
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4. OH&S Policies and Procedures
In order to ensure that the Practice complies with its duty of care to provide a safe workplace, it is
essential to develop and implement occupational health and safety policies. Following is a collection
of policies in template format. For more detailed information or assistance, contact the AVA HR
Hotline on 1300 788 977.
4.1
Accidents
Education and meetings outlining regular accidents can help reduce and prevent most
accidents in the workplace. It is a policy of [Practice Name] to avoid accidents at all costs.
Time and effort have been spent to ensure that your work-place is as safe as possible. If an
accident should occur it is important that procedures are followed to prevent future
incidents.
All accidents are to be recorded in the accident logbook. Incident report forms are available
from [Practice Manager] and your supervisor will help record all relevant details. This is
extremely important as it allows management to analyse all factors involved to prevent
future accidents. It is also of the utmost importance that you record all details accurately so
that compensation or insurance can be received if necessary.
Accident and incident reports should be filled in as soon as possible after the event has
occurred and include the names of witnesses and witness accounts where possible.
It is the responsibility of all employees to prevent accidents where possible. If you see
something that is potentially dangerous or unsafe, please report it to [Practice Manager].
4.2
Drugs, Smoking & Alcohol Policy
The use of any and all banned substances within the workplace at [Practice Name] is strictly
prohibited. We enforce a strict drug free environment at all times. The use of drugs can
create unnecessary risks and creates a threat to fellow employees. It is impossible for an
employee to carry out the position of their job responsibly and safely whilst under the
influence of drugs.
Any employee using drugs can cause serious damage to the company’s reputation and
perception in the marketplace. Any use of drugs while at work or acting as a representative
of [Practice Name] will not be tolerated.
It is therefore strictly prohibited to manufacture, distribute, posses, sell or use a controlled
substance at the [Practice Name], or while employed by or representing the company on or
off the premises. Any offence may result in immediate dismissal and may lead to possible
prosecution.
[Practice Name] is also a non-smoking environment. Smoking in any form is strictly
prohibited on the premises. Smokers will be asked to take any cigarette breaks outside the
building. This policy is to protect the health and safety of all employees at [Practice Name].
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It is a policy of [Practice Name] that alcohol is not to be consumed on the premises unless
you are attending an official function where drinks have been supplied. Alcohol may
seriously affect an employee’s performance and, therefore, it is company policy that no
employees consume alcohol during work hours. Due to the very sensitive nature of the work
and research applied on the premises, the environment is totally alcohol free. It is therefore
considered an offence for ANY employee to possess, consume, distribute and/or receive this
substance on the premises.
Being in the workplace while under the influence of alcohol may be cause for disciplinary
action and, in some cases, termination.
4.3
Employee Medical Examinations
In some cases a medical examination may be relevant to a particular position. It is essential
that we employ the most appropriate candidate for each position, ensuring that the
employee is physically and mentally able to fulfil the requirements of the chosen role. We
regard the health and well-being of each employee with great importance.
In addition, examinations may also be required for the administration of the company’s
benefit plan to determine the health status of an employee for insurance or superannuation
policies.
Examinations may be required when an employee is to be transferred from one type of work
to another or from one region/office to another. When an employee returns from a serious
work injury or illness, an examination may be necessary to determine their suitability for
work.
Any examination will take place at a medical centre approved by management, at a time
convenient to the employee and at the cost of [Practice Name]. There will be no expenses
incurred by the employee and payment of salary/wages will continue through-out the
examination. It is imperative that employees mark the times of the medical examination on
their time sheet.
NB: Should you have any concerns about your employment conditions and working
environment that may have an effect on your health, please discuss these with [Supervisor
Name].
4.4
Fire Prevention
As an employee of [Practice Name], you share a duty with the company to help prevent fire.
Always be aware of the danger of fire.



Never smoke in unauthorised places.
Do not empty ashtrays in rubbish bins without checking that there are no
smouldering cigarette ends.
If there are small fan or single bar heaters in your area never leave them switched on
and ensure that there are no items left close to them.
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


4.5
If you are the last person to leave your work area or office, always spend a moment
checking that computers, photocopiers and associated equipment are switched off
and lights are not left on unnecessarily.
Report any faulty electrical problem to the facilities manager.
Never use damaged electrical cables.
Fire Safety & Evacuation
Signs showing the protocol for evacuation in cases of emergency are displayed in various
locations around the building. The location of the fire extinguishers is indicated by signs, and
instructions for their use are on each fire extinguisher. It is recommended that you
familiarise yourself with this information.
Safety protocol in cases such as a fire in various locations around the office. All fire
extinguishers have a step-by-step guide attached to the wall above to help you understand
what to do in the case of an emergency. It is recommended that you familiarise yourself with
this sheet from time to time.
Throughout the building, both inside and outside the property, there are many fire detection
and prevention devices such as:



A fire hose and fire extinguisher on every floor.
Every floor and each office has a smoke detector that will set off the alarms directly
at the Fire Station.
Sprinkler systems which sprays water to cover the area when fire occurs.
Should the alarms go off, the precise location of the danger is flashed on the fire panel in the
reception area. This ensures fast detection by the management and fire authority.
In the event of a fire or discovery of smoke please follow the plan of action below.
Immediately notify reception stating:



Your name.
Your exact location.
The exact location of the fire.
The evacuation plan should be commenced as soon as the alarms are heard.
In case of an emergency, please:









Alert everybody in your area.
Switch off machinery.
Close all windows.
Close all doors behind you as you proceed to the fire stairs.
If safe to do so, use a fire hose or extinguisher to fight the fire.
Turn off air-conditioning.
Do not use the lifts.
Follow the instructions of management or the supervisor in charge.
Remain calm and do not take risks.
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Should it be necessary to evacuate the premises the meeting point for all employees will be
in the park opposite the office complex. Details of this location can be found near each fire
extinguisher.
4.6
General Health & Safety in the Workplace
The [Practice Name] is committed to providing a safe work-place for all staff and employees.
We have taken all possible precautions and followed all the guidelines as recommended
under the Federal and State rules and regulations.
We expect that staff, in turn, accept their responsibility to work safely. This means working
intelligently, with common sense and foresight. All employees are expected to follow the set
safety standards which apply to our organisation, and adhere to all regulations as set out by
the Occupational Health and Safety Act.
Any injury to an employee may cause physical suffering as well as loss of income and
productivity. It may, additionally, damage the morale of the work group. The following rules
are common sense and should be followed by all employees.







Keep working areas clean at all times. This reduces the chance of any injury and also
makes the area a more attractive environment to work in.
Always wear the appropriate safety equipment when doing any hazardous work. You
will be supplied with this if required.
Do not run in the office, particularly in areas of production or storage.
Where footpaths have been identified and clearly marked, please use them.
Do not smoke throughout the building and, when smoking outside, make sure that
you leave that area safe and clean.
Have respect for electricity – do not overload any outlet. Never have any electrical
wires rolled up (such as extension leads) – they may create heat and cause fire
danger.
Be aware of hot water temperature and especially boiling water from kettles and
coffee machines.
Report ANY injury immediately, and process the appropriate report. It’s in everybody’s
interest! If you notice a condition or practice that seems unsafe, you should immediately
discuss this with your supervisor, or readily correct it yourself if it is personally safe to do so.
4.7
Illness & Disease
Illness is something that can happen to any of us. As a responsible employer, however,
[Practice Name] will do all it can to minimise any risk to its employees.
If you suspect you may have any illness that has the potential to cause interference with
your work or may place another staff member at risk, it is vital that you act immediately.
Your supervisor can organise counselling or the appropriate advice or, alternatively, you can
contact [Practice Manager].
Remember that prevention is much better than any cure.
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4.8
Communicable Diseases
A communicable disease is defined as a disease that is carried or transmitted from one
person to another either directly or indirectly. Such diseases are caused by a variety of
microbes including bacteria, parasites, fungi and viruses.
There are many viral infections for which there is no cure. Within the community there is
great concern about these diseases, especially Hepatitis B and C and Acquired Immune
Deficiency Syndrome (AIDS).
At present, the best way to protect you from these infections is through preventative
strategies aimed at limiting exposure. It is assumed and expected that each and every
employee will exercise a duty of care to others.
The following notes are supplied for your information and guidance:
4.9
Fungal Infections
People with plantar warts or fungal infections, such as tinea, should ensure that they do not
infect other staff via any common areas. Never walk around with bare feet or share other
people’s towels.
4.10 Hepatitis B and C
Primarily, these are diseases that affect the function of the liver. However, the virus is
present in, and therefore contaminates, all body fluids. The most common modes of
transmission are through contact with contaminated blood or sexual secretions. Therefore,
there is a high risk of infection through sharing needles, syringes, razor blades and
toothbrushes. It can also be transmitted through sexual intimacy, skin abrasions and cuts.
Most sufferers recover from acute infection after seeking proper medical care; however, a
person can carry the virus without showing symptoms and unknowingly transmit it to
others. The best form of treatment is preventative; vaccination is available for those in highrisk areas.
4.11 AIDS
HIV (Human Immunodeficiency Virus) as the AIDS virus is called, attacks the white blood
cells involved in your immune system, weakening the individual’s defence against infection.
The AIDS virus does not directly kill, but renders the person susceptible to other life
threatening infections. When exposed to the virus, within two to three weeks the individual
will produce antibodies to the foreign microbe and will be referred to as HIV positive. This is
the first step to developing advanced AIDS, but the condition may not manifest itself for
many years.
Like the hepatitis virus, it is present in all body fluids, especially blood and sexual secretions.
Infection can occur as a result of sexual intimacy, sharing needles or syringes or receiving
contaminated blood or blood products. However, there are no reported cases of AIDS as a
result of exposure to contaminated saliva.
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Research has shown that the virus is not particularly viable in the external environment;
therefore, surfaces and equipment are readily decontaminated using common household
disinfectants.
4.12 Universal Hygiene Precautions
When giving assistance in an emergency to someone who is bleeding, it is advisable to take
protective measures. Ideally, disposable gloves should be worn if you expect to be in direct
contact with blood, contaminated fluids, equipment, clothing or surfaces. Disposable gloves
are part of the First Aid Kit facilities supplied in every department and section, and are also
available from [Practice Manager].
In any case you, MUST wash your hands with soap and hot water as soon as possible after
contact with blood or other body fluids.
Please adhere to the following safety precautions.











Clean up your own spills of body fluid (blood, urine, vomit etc).
Keep rubber gloves separate for each different application.
Do not share rubber gloves.
Do not share towels or other linen.
Tea towels should only be used for drying dishes.
Do not share toothbrushes, razors, nail files or nail scissors.
Treat your own minor cuts and injuries.
Cover all wounds adequately with clean Band-Aid or dressing. Change frequently and
dispose of waste responsibly.
Dispose of paper handkerchiefs in bins with bin liner.
Do NOT spit or vomit in bins, kitchen sinks, hand basins or on the floor.
Dispose of sanitary products and other hygiene materials responsibly.
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5. Workers Compensation
5.1
What is Workers Compensation?
Employers are required by law to have a workers compensation insurance policy which covers their
workers in the event they suffer a work related injury or illness. These policies ensure that injured
and/or ill workers receive financial compensation for lost wages, medical expenses and permanent
incapacity.
In 1997 the Federal, State and Territory governments agreed to a set of key principles for the reform
of workers compensation arrangements to achieve greater national uniformity across Australia’s
workers compensation schemes.
5.2
What legislation governs Workers Compensation?
The principal legislative enactments on workers compensation in each jurisdiction in Australia are:
Federal
New South Wales
Victoria
Queensland
South Australia
Western Australia
Tasmania
Northern Territory
Australian Capital Territory
5.3
Safety Rehabilitation and Compensation Act 1988
(1) Workers' Compensation Act 1987
(2) Workplace Injury Management and Workers Compensation
Act 1998
(1) Accident Compensation Act 1985
(2) Accident Compensation (WorkCover Insurance) Act 1993
WorkCover Queensland Act 1996
Workers Rehabilitation and Compensation Act 1986
Workers' Compensation and Injury Management Act 1981
Workers Rehabilitation and Compensation Act 1988
Workplace Health and Safety Act
Workers' Compensation Act 1951
How do awards and workers compensation legislation interrelate?
Workers compensation legislation and industrial awards may (potentially) overlap in one or more of
four areas:
(1) accident pay in awards may be provided to supplement workers compensation benefits;
(2) the provision of rostered days in awards creates the possibility of an entitlement to
payment for such days in the recipient of workers compensation benefits, despite the fact
that the worker is incapacitated and so not working;
(3) leave provisions (eg sick leave, annual leave and long service leave) allow for payment to
a worker who is absent from work and so they may overlap with the provision for payment
of a worker who is absent on workers compensation; and
(4) the award provisions allowing for termination of an employee's services by appropriate
notice may be affected by workers compensation legislation.
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5.3.1 Accident pay in awards
Accident pay (sometimes referred to as ''make-up pay'') is provided for in some awards and
agreements. The concept of accident pay is essentially the provision of payment in addition
to workers compensation payments to bring the total payment to the incapacitated worker
up to the pre-injury rate of pay for a prescribed period.
5.3.2 Rostered days
Difficult questions can arise as to whether an employee on workers compensation is entitled
to be paid by the employer for rostered days off falling within the period away from work on
compensation. It is arguable that if rostered days are accrued (ie the award or agreement
requires employees to work before being entitled to rostered days) then a workers
compensation recipient would not be entitled to additional payment for rostered days.
5.3.3 Leave provisions
The most common form of leave in issue when a worker is incapacitated is sick leave. An
incapacitated worker may receive sick leave while a workers compensation claim is sorted
out. Payment from the workers compensation insurer is made when a claim is approved and
the employer who paid sick leave is entitled to be repaid by the insurer.
If sick leave is exhausted and a claim by the incapacitated worker is delayed or not agreed to
by the insurer then other forms of leave may be sought by the worker in order to continue
payment of wages. Annual leave and/or long service leave are usually in issue in these
circumstances.
5.3.4 Termination of employment of workers compensation recipient
At common law (ie independently of legislative or award-based provisions) an employer has
the right to dismiss a workers compensation recipient. Of course, the employee is entitled to
receive appropriate notice of termination.
Temporary absence from work because of illness or injury is a prohibited reason for
dismissal under the federal termination of employment law. Any authorised absence due to
illness or injury will not be allowed to be used as a reason for dismissal. Further, provided
the employee notifies the employer of the absence and substantiates the absence, then
(regardless of whether the absence is authorised or not) such an absence will also not be
allowed to be used as a reason for dismissal. However, in this latter situation dismissal will
be allowed where the duration of the illness or injury is such that it would not be harsh,
unjust or unreasonable to dismiss the employee.
Where a sick/injured employee is to be dismissed the employee should be consulted (which
will usually mean calling the employee back into the office), the prospect of a return to work
should be discussed and, if dismissal is appropriate, the required period of notice should be
provided.
The relevant workers compensation legislation prescribes the continued entitlements of the
workers compensation recipient quite apart from the continuance of the contract of
employment
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6. Termination of Employment
6.1
Do I have a legal right to terminate the employment of my employees?
Yes, however, you must act in accordance with the terms of their contract of employment and the
law.
Termination can take place when:



6.2
performance or behaviour has been unsatisfactory
gross misconduct occurs
redundancy is necessary
Federal System Employers
This section does not apply to unincorporated employers in Western Australia. These
employers should refer to section 6.3.
6.2.1 Unfair Dismissal
Under the Workchoices legislation, incorporated companies employing fewer than 100 staff
were exempt from unfair dismissal. The Fair Work Act 2009 has removed this exemption and
thus unfair dismissal laws will now affect a greater number of employers and employees.
An unfair dismissal is a dismissal that Fair Work Australia finds to be harsh, unjust or
unreasonable. Dismissal needs to have occurred at the employer’s initiative and is should be
noted that forced or coerced resignations are also deemed to be terminations initiated by
the employer.
6.2.1.1
Coverage
The legislation provides that any employees who are covered by the Federal
system may make an application for unfair dismissal if they are:
 Covered by a modern award or;
 Covered by an enterprise agreement or
 Earning less than the ‘high income threshold’ of $108,300.
Employees who are in the federal system must complete a minimum period of
employment before being able to access the unfair dismissal system. For
businesses with fewer than 15 employees the minimum period is 12 months
employment, for businesses with 15 or more employees the minimum period is 6
months of employment. Casual employees employed on a regular and systematic
basis with a reasonable expectation of continued employment qualify for the
minimum period of employment for the purposes of claiming unfair dismissal.
Where transmission of business occurs, service with the previous employer does
not count for the purposes of determining the minimum period of employment.
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Small businesses (fewer than 15 employees) will need to ensure terminations
abide by the Small Business Dismissal Code. The code is a simple checklist for
small business to ensure procedural fairness in the termination process.
6.2.1.2
Exemptions
The following categories of employees are excluded from being able to make an
unfair dismissal claims:
-
-
6.2.1.3
An employee dismissed in the case of a genuine redundancy.
An employee dismissed by a business with less than 15 employees that
has followed the Small Business Dismissal Code.
An employee employed for a specific task, a specified period of time or a
seasonal worker and is terminated at the end of that time, task or
season.
An employee subject to a training agreement and whose employment is
limited to the duration of that agreement.
Remedies
Under the Fair Work Act 2009, Fair Work Australia will not be able to offer
compensation for stress, illness or any other damages relating to the dismissal.
Compensation is capped and is limited to cases where reinstatement is
inappropriate.
If the dismissal is found to be unfair Fair Work Australia can make the following
orders:
Reinstatement to their position or a position no less favourable;
Continuity of employment;
Lost earnings or if reinstatement is inappropriate and compensation is
appropriate; compensation capped at the previous 6 months earnings.
6.2.1.4
Making an unfair dismissal claim
An employee must make the claim for unfair dismissal within 14 days of the
termination. Once the claim is received Fair Work Australia decides whether:
the claim was received on time,
the termination was in accordance with the Small Business Dismissal
Code;
there was a genuine redundancy; and
whether the employee had completed their minimum period of
employment.
If the claim contains facts that are disputed then Fair Work Australia must hold a
conference or, if appropriate, a hearing with the two parties. A party can only be
represented by a lawyer or paid agent if they have been granted permission by
FWA. FWA will only grant such permission if; the matter is complex and
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representation would ensure the matter is dealt with in a more efficient manner,
a party is unable to self represent or if non representation would be unfair when
looked at fairness between the parties in the matter. Permission is not required
when the lawyer or paid agent is an employee of an organisation which is party to
the claim.
Appeals will only be granted by FWA if it considers the appeal in the public
interest. An appeal based on a disputed fact will only be granted if the decision
involved a significant error of fact.
6.2.2
Unlawful Termination
The Fair Work Act 2009 substantially broadens the scope of unlawful termination. The Act
not only covers employees of a business but also prospective employees. This requires
businesses to ensure no discriminatory elements are present during the recruitment
process. An employer must not take adverse action against a person who is an employee or
a prospective employee of the employer because of the person’s race, colour, sex, sexual
preference, age, physical or mental disability, marital status, family or carer’s
responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
To claim unlawful termination an application needs to be made to FWA within 60 days of
termination.
6.2.3
What laws affect my right to terminate?
There is a multitude of legislation relevant to termination of employment in addition to the
common law, however, the most important piece of legislation in the federal system
affecting dismissal is the Fair Work Act 2009.
This legislation specifies a number of factors that must be taken into account by the
Australian Industrial Relations Commission or Fair Work Australia when adjudicating a claim
of unfair dismissal. In light of the Fair Work Act changes, these factors include:







Was the employee employed by an incorporated business?
Did that business employ under 15 employees or 15 plus employees?
Did the employee complete the relevant unfair dismissal qualifying period?
If the business employs under 15 staff did they follow the Small Business Fair
Dismissal Code?
In which State was the employee working?
Did that employee have at least 6 months service with the employer prior to
termination?
Was the termination for the purpose of a genuine redundancy?
Other legislation which needs to be considered when terminating employment includes:



equal employment opportunity
victimisation
workers compensation
superannuation
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




6.3
tax
long service leave
annual leave
apprenticeship and vocational training
anti-discrimination
Unincorporated Employers – Western Australia (Only)
6.3.1 Unfair Dismissal
A dismissal is considered to be unfair if it was harsh, oppressive or unfair. There is no set
definition of what this may include. Whether or not a particular dismissal is unfair must be
considered on a case by case basis.
Employees covered by the Western Australian state industrial relations system can make a
claim of unfair dismissal in the Western Australian Industrial Relations Commission (WAIRC).
Claims must be lodged within 28 days of the dismissal.
6.3.1.1
Exemptions
The WAIRC does not have jurisdiction to determine a claim for unfair dismissal
made by an employee who is not covered by an industrial instrument and earns in
excess of $122,900.00.
6.3.1.2
Making an unfair dismissal claim
An employee must make the claim for unfair dismissal within 28 days of the
termination. The applicant must correctly identify the employer and indicate why
the employee believes the termination was unfair. They should also indicate
what remedy they are seeking.
6.3.2 Unlawful Termination
A termination is discriminatory and unlawful if the reason is any one of the following:








membership of a union or participation in union activities outside working hours
or, with the employer’s consent, during work hours;
non-membership of a union;
acting or having acted as a representative for employees;
filing a complaint or taking part in proceedings against an employer for alleged
violation of laws or regulations or having recourse to competent administrative
authorities;
race, colour, sex, sexual preference, age, physical or mental disability, marital
status, family or carer’s responsibilities, pregnancy, religion, political opinion,
national extraction or social origin;
temporary absence from work because of illness or injury;
absence from work during maternity leave or other parental leave; or
temporary absence from work for voluntary emergency management activity.
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6.4
When should I not terminate employment?
The following are examples of when termination of employment would not be appropriate and
when unfair or unlawful dismissal action could be commenced by the employee:
temporary absence from work because of illness or injury

union membership or participation in union activities

non-membership of a union

race, colour, sex, sexual preference, age, physical or mental disability, marital status, family
responsibility, pregnancy, religion, political opinion, national extraction or social origin

absence from work during maternity leave or other parental leave

whilst absent on workers compensation

filing a complaint or participation in proceedings, against an employer involving alleged
breaches of laws or regulations
6.5
What is Unsatisfactory Performance or Behaviour?
Does this sound familiar:"He's never on time and has a lousy attitude towards my patients."
"She's always having days off and not telling us she won't be in."
If your employee is not performing the job to a standard that is acceptable to you by:
continually arriving late for work

having a poor attitude towards management, clients or other employees

excessive absenteeism
you have grounds for termination, providing you follow a few easy steps.
Step 1 - Counselling Session and Written Warning

Follow all Step 1 procedures plus tell the employee that they are receiving a written
warning and failure to produce the required change in their performance or behaviour may
jeopardise their employment

If possible, get the employee to sign and date a copy of the warning noting that he/she has
received & understood it
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Step 2 - Counselling Session and Final Written Warning

Same as for Step 2

Make sure final written warning states that if performance or behaviour has not improved
to the required standard, their contract of employment will be terminated
Step 3 - Termination

Discuss the situation thoroughly with any relevant senior management before taking action

Review copies of all supporting documents

Ensure you have all relevant information about legislative and award obligations dealing
with termination e.g. notice required

Give the employee written notice of their termination
During All Sessions
6.6

Have someone else from management with you

Speak to the employee in your office or some other private area. Allow them to bring a
friend or, if relevant, a union delegate

Answer any questions the employee may have

Document all sessions fully
What are grounds for instant or summary dismissal?
Remember whether or not misconduct will justify instant dismissal will depend on the circumstances
of the case and the degree of misconduct. Examples of Misconduct include:

Stealing;

sexual harassment;

violence;

criminal offences;

breach of safety procedures; or

being under the influence of alcohol or illegal substances.
Notice or pay in lieu of notice is not required in cases of serious misconduct. However, dismissal
without notice is a very serious step for an employer to take.
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6.6.1 What is a sensible Instant Dismissal Procedure?
 Consult with the AVA HR Hotline on 1300 788 977 prior to taking any action
 Act immediately - this is a priority situation
 Inform the employee of the allegations and that you are investigating the matter
 Inform the employee they can have a friend or union delegate present during the
discussions
 If possible, stop the employee working while you investigate the allegations
 Undertake the investigation immediately you are aware of the problem
 Discuss the allegation with the employee concerned and make sure you have a
witness present
 Give the employee the opportunity to respond to the allegations without
interrogating them
 Take time to consider both sides of the story
 Terminate only if you can confirm that the major points of the allegations in all
probability occurred
 Keep a written record of the entire termination session and place this in the
employee's personnel file
 Pay the employee in full at the time of termination
6.6
How much notice do I need to give before I terminate?
Standard notice provisions are contained in industrial legislation however these may be
supplemented by individual awards and agreements.
The minimum notice provisions for both Federal System Employers and Unincorporated Employers
in Western Australia are as follows:Notice Requirements
Employee’s period of continuous service
Period of Notice
Not more than one year
at least one week
More than 1 year but not more than 3 years
at least 2 weeks
More than 3 years but not more than 5 years
at least 3 weeks
More than 5 years
at least 4 weeks
Add one extra week for employees aged 45 years and older with at least two years’ continuous service
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6.7
Can I pay the employee out in lieu of having them work the notice
period?
Yes, however, you must remember that the amount of pay in lieu of notice must equal or exceed the
total of all amounts that, if the employee’s employment had continued until the end of the required
period of notice, you would have become liable to pay to the employee because of the employment
continuing during that period. Superannuation is payable on payments in lieu of notice.
6.8
What other payments do I need to make on termination?
All amounts due and payable to the employee should be made at the time of termination.
6.8.1 Payment for work completed up to termination
As long as the employee actually presented for work up to the time of termination they are
entitled to payment. However, if the was absent without good reason, payment is not
required to be made. The rate of payment is prescribed under the contract of employment
and should include penalties and allowances if applicable
6.8.2 Accrued but untaken annual leave and pro-rata annual leave entitlements
for the current year
Included in this may also be a payment for annual leave loading if this provision is included
in the employees contract of employment. (Further information on annual leave is available
in section 7.1.)
Annual Leave
Pro Rata Payment Provisions
Jurisdiction
Pro Rata payment provision
Federal
1/13 of nominal hours worked
Western
Australia
Employers)
(Unincorporated
2.923 hours for each 38 hours worked
6.8.3 Accrued but untaken long service leave and pro-rata long service leave
entitlements
Providing the employee has worked for the requisite period under an unbroken contract of
employment or service. (Further information is available in section 7.2.)
6.8.4 Severance Payments
Payments due on termination if the employee is made redundant or is retrenched. (Further
information is available in section 6.9.)
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6.8.5 Superannuation
All payments for superannuation up to and including the date of termination should be paid
to the applicable fund.
6.8.6 Other Contractual Benefits
It may be that the employee is entitled to other amounts depending upon their award or
other contract of employment such as a payment for untaken sick leave. There may also be
non-cash benefits that may need to cashed out, for example if the employer provides a car
and terminates by making payment in lieu of notice then the payment should include the
cash value of the use of the car for the period of the notice.
6.9
Redundancy
6.9.1 What is redundancy?
The term redundancy or retrenchment is used in legislation, awards and agreements. It
refers to the loss of employment caused by:


technological change; and/or
economic recession; and/or
company merger, take-over or restructuring.
Awards or agreements may provide for redundancy benefits which apply in any or all of the
circumstances noted above. Some provisions may be confined to redundancy caused by
technological change and others may be comprehensive and cover all the circumstances.
6.9.2 What redundancy provision applies to my employees?
The law on technological change and workforce reductions is a combination of legislative
provisions and industrial awards.
Federal System Employers
(see below for information relating to unincorporated employers in WA)
The Fair Work Act 2009 provides minimum notice (see section 6.6) and severance pay
provisions as part of the National Employment Standards. The National Employment
Standards however and Modern Awards contain provisions designed to preserve the State
redundancy provisions for employees where these entitlements where more generous.
Employers should be aware that the redundancy provisions within the National Employment
Standards only apply to employers with 15 or more employees. Further, the redundancy do
not apply to:
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






employees engaged for a specified period of time under a fixed-term contract;
employees engaged for a specified task;
employees serving a mandatory period of probation;
casual employees engaged for a short period (up to 12 months);
trainees employed under a traineeship agreement for a specified period and paid the
national training wage;
employees whose terms and conditions of employment are governed by special
arrangements providing particular protection in respect of termination of
employment; and
employees for whom the provisions would cause substantial problems because of
either their particular conditions of employment or the size and nature of the
business in which they are employed. This could mean, conceivably, that
employees of some small businesses may be excluded.
Under the Fair Work Act 2009 the minimum severance pay requirements for federal awards
are now as follows:Period of continuous service
Less than 1 year
1 years and less than 2 years
2 years and less than 3 years
3 years and less than 4 years
4 years and less than 5 years
5 years and less than 6 years
6 years and less than 7 years
7 years and less than 8 years
8 years and less than 9 years
9 years and less than 10 years
10 years and over
Severance Pay
Nil*
4 weeks' pay
6 weeks' pay
7 weeks' pay
8 weeks' pay
10 weeks' pay
11 weeks' pay
13 weeks' pay
14 weeks' pay
16 weeks' pay
12 weeks' pay
The amount of 12 weeks pay at 10 years or more service takes into account the fact that
under the standard long service provision in federal awards, employees with 10 or more
years service whose employment is terminated by redundancy are entitled to pro rata
payment of long service leave.
If you intend to make a position within your practice redundant we suggest you contact the
AVA HR Advisory Service prior to taking any action. This is because as mentioned above the
severance payment amounts may be increased if the employee was previously entitled to a
greater amount under the award that applied to their employment prior to 1 January 2010.
Unincorporated Employers – Western Australia
If an employer has a total of 15 or more employees (including casual and part time), a
redundant employee is entitled to severance pay according to the following scale:
Period of continuous service
Less than 1 year
1 years and less than 2 years
2 years and less than 3 years
3 years and less than 4 years
4 years and less than 5 years
5 years and less than 6 years
6 years and less than 7 years
7 years and less than 8 years
Severance Pay
Nil*
4 weeks' pay
6 weeks' pay
7 weeks' pay
8 weeks' pay
10 weeks' pay
11 weeks' pay
13 weeks' pay
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Period of continuous service
8 years and less than 9 years
9 years and less than 10 years
10 years and over
Severance Pay
14 weeks' pay
16 weeks' pay
12 weeks' pay
An employer does not generally have to provide severance pay to:





employees terminated due to serious misconduct
employees with less than one year’s service
probationary employees
apprentices and trainees
casual and contract employees
However, some awards, agreements and employment contracts may require severance
payments to these employees. We therefore recommend that employers contact the AVA
HR Advisory Service for advice prior to making any positions redundant.
6.10 Employee Initiated Termination
6.10.1 What is employee initiated termination?
Employees may initiate termination in the following ways:
Resignation
Resignation is a voluntary action of the employee in exercise of his or her rights to terminate
the contact of employment by communication to the employer, either orally or in writing, of
the intention to do so.
You should note that giving someone no option other than to resign by, for example,
changing their hours of work to a time that is not suitable to them, is viewed as a
constructive dismissal for the purposes of termination laws and not as a voluntary
resignation, thereby leaving the employer open to prosecution under unfair and unlawful
dismissal legislation (see section 6).

Retirement
An employer can not force an employee to retire at a specific age as this breaches antidiscrimination legislation.
However, an employee may make a decision to retire voluntarily or the employer may have
a retirement policy in place which provides benefits to employees should they decide to
retire after a certain age. It may also be possible to require proof of competency in
operation of machinery after a specific age.
The minimum retirement age at which financial advantages are provided for under
Australian income tax legislation is 55 years.
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
Repudiation
An employee may repudiate a contact of employment by showing no serious intention to
fulfil his/her obligations under it.

Abandonment
The term abandonment of employment is used to describe a situation when an employee
leaves employment with the obvious intention of not resuming. This is sometimes difficult
for the employer to prove.
6.10.2 What are the employer’s rights in relation to employee initiated
termination?

Resignation
An employer can not force an employee to work under a contract that they wish to
terminate. However, the employee does have certain legal obligations which include:1)
2)
Working out the appropriate period of notice or forfeit money in lieu of this period.
The employee may be relieved of this obligation if the employer decides to pay out
the notice period rather than have them work it. We note that the employee only
forfeits money in lieu of notice where their award or agreement contains
provisions which require this.
Possibly being liable for monetary damages if the employee is on a fixed term
contract or under a contract that does not terminate until a particular project is
finished.
Employees are required to provide notice as set out in their award, agreement or other
contract of employment or such other notice which may be considered reasonable.
If the employee resigns on the spot and the employer accepts this, you may forfeit your right
to deduct payment in lieu of notice. Caution is stressed in a situation of on the spot
resignation as decisions have held that a resignation made in the heat of the moment e.g.
following a disagreement with the employer may, in fact, not be a resignation and
reinstatement may be approved. The best advice is to require the employee to submit the
resignation in writing and suggest a cooling-off period of, say, 24 hours before resignation is
confirmed.

Retirement
As with a resignation, employees are required to comply with notice periods. In addition,
the employer should be aware of the taxation differences in relation to payments made at
the bona fide retirement of an employee. For assistance please contact the AVA HR Hotline.

Repudiation and Abandonment
As an employer you should follow a few simple steps in the case of repudiation and
abandonment of employment.
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1)
2)
3)
As soon as you suspect the employee has no intention of fulfilling his/her
obligations under their employment contract attempt to contact them to discuss
the issue and confirm your suspicions.
If you are unable to contact them by telephone or they refuse to speak with you,
send a letter by either registered mail or courier to their last known address stating
that you believe they have abandoned their employment as they have failed to
shown for work at the usual time. Enclose with this letter any outstanding
payments.
Should the letter be returned unclaimed, keep it in the individuals employment file
as proof of your attempt to contact them should they attempt reinstatement at
some later date.
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7. Leave
7.1
Annual Leave
7.1.1 What is an annual leave?
Annual leave is usually a period of four weeks’ paid leave which is accrued for each year of
service. Awards and agreements may provide different conditions, for example, in relation
to, seven day shift workers, some Awards provide 5 weeks’ leave.

Federal System Employers (not unincorporated employers in WA – see below)
An employee is entitled to accrue four weeks annual leave per year of service. The leave
accrues progressively throughout the year based on the employees ordinary hours of work.
The easiest accrual method would be to accrue leave in accordance with the employers’ pay
cycle i.e. if employees are paid weekly then accrue annual leave on a weekly basis.

Western Australia
Employees of unincorporated employers in Western Australia are not covered by the
Federal system. These employers and employees should refer to the applicable State
legislation. That is, the Minimum Conditions of Employment Act 1993.
7.1.2 When can annual leave be taken?
An employee can take annual leave once they have accrued sufficient leave to cover their
absence.
The employee however must apply for annual leave and the employer must agree to the
request. Employer should be aware that they must not unreasonably refuse to agree to a
request to take annual leave. Further, there is no minimum or maximum amount of accrued
annual leave that must be taken at a time.
7.1.3 How can annual leave be taken?
Jurisdiction
Number of separate periods permitted
Federal, Victoria, Any period agreed to
ACT and NT
Number of single
days permitted
Any
agreement
by
New South Wales one consecutive period or two periods of 3 weeks 3 (by agreement)
and 1 week, but up to 4 periods by agreement
Queensland
no provision
no provision
South Australia
2 separate periods each to be at least 7 days (with some
awards
one month, at least, between)
allow a single day
between public
holidays
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Western Australia awards provide usually 2; no provision in legislation
Tasmania
one under most
awards
individual awards determine the situation -- common provision is either
one continuous period of 28 days or two separate periods
7.1.4 What rate of pay is paid to full-time and part-time workers taking annual
leave?
Employees are entitled to be paid at the base rate of pay i.e. base rate excluding penalty
rates, overtime rates, loadings and allowances. If commissions or incentive payments are
paid, they are averaged over the previous twelve months and added into the annual leave
pay. This is called the worker's ordinary pay. These provisions are different to those which
applied in some States prior to the introduction of the Fair Work Act 2009.
In addition to this payment, many awards, provide for a payment of Annual Leave Loading,
commonly at a rate of 17½% of the amount paid in respect to annual leave, i.e.:Annual Leave Loading = Ordinary Time Earnings x Number of Days Leave x 17.5%
7.1.5 What is an 'annual close down'?
An annual close down is a period when an industry, part of an industry or an individual
enterprise closes down temporarily and all employees take annual leave. It is usually over
the Christmas-New Year period and is only available if legislation or awards or agreements
provide for annual close down.
7.1.5.1 How does an annual close-down work?
1.
The employer must give at least one month’s notice of the dates of the close
down. If the employee commences employment with you within the month
prior to the close-down, then notice must be given at the time of employment.
It is good practice to include in any offer of employment when confirming
conditions and also in any written employment contract details of your annual
close-down policy.
2.
Remember that individual awards and agreement may have additional
provisions in relation to annual close-down. Check them before issuing your
notice.
3.
Payment
If the employee has sufficient leave accrued at the beginning of the close-down
period they receive annual leave with pay in the normal manner.
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Federal System Employers (not unincorporated employers in WA – see below)
Under the Federal system if the employee doesn’t not have sufficient leave to cover
the period they still need to be paid their ordinary hours to the remainder of the
close-down period. Some Modern Awards however contain provisions which allow
the employer to require their employees to take a reasonable amount of leave in
advance in this situation. This provision is included at Clause 31.4 of the Health
Professionals and Support Services Award 2010.
Unincorporated Employers in Western Australia
Some awards and registered agreements in Western Australia contain provisions
with respect to close-down periods. Employers may also have an agreement with
their employees to take any annual leave due to them and then unpaid leave during
the close down period. In the absence of the above, the employer would be
responsible for paying the employee for the duration of the close down period. This
is because the employees would be considered to be ready, willing and able to work.
They are not attending for work at the direction of the employer.
For assistance with determining your employees entitlements, please call the AVA HR
Advisory Service.
7.1.6 What payment is due for annual leave when a person leaves their
employment?
If the period of employment is more than 12 months, payment is made for the balance of
leave accumulated and not taken up to the last anniversary of the commencement of
employment, plus a pro rata payment for leave accumulated after that date. If the period of
employment is less than 12 months, a pro rata payment calculated from the commencement
date of employment is paid.
7.1.7 How is a pro rata payment calculated?
By multiplying the number of weeks worked since the anniversary date (or the date of
commencement) by the ordinary wage, then dividing that amount by 13.
7.1.8 What about annual leave loading and termination?
Most awards contain provisions which state that annual leave loading is not payable to
accrued annual leave paid on termination. It is important that the award that covers the
employees employment is thoroughly checked for such provisions when making termination
payments to an employee.
By way of example, we note that the Animal Care and Veterinary Services Award 2010
contains provisions which state that the annual leave loading is payable during a period of
annual leave. Therefore, employers are not required to pay this loading when paying out
accured annual leave on termination of employment.
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For advice in relation to other Awards, we recommend employers check the specific
provisions in the relevant Award. For further advice employers should contact the AVA HR
Advisory Service.
7.1.9 What happens to annual leave entitlements when a business is sold or
taken over?
Federal System Employers (not unincorporated employers in WA – see below)
Generally where there is a transfer of employment, service with the old employer counts as
service with the new employer. There are however exceptions to this general principle.
When a new employer is not an associated entity of the old employer, they may decide not
to recognise a transferring employee’s previous accumulated service for annual leave or
redundancy pay under the National Employment Standards.
If the new employer decides not to recognise a transferring employee’s previous
accumulated service, the old employer may be under an obligation to pay out the
employees accrued entitlments.
Unincorporated Employers – Western Australia
Leave obligations may carry over from the previous employer. The new employer should
therefore consider the financial cost of any accrued entitlements when negotiating the final
terms of the sale. If the terms of sale indicate that the new employer will be taking over
specific entitlements this should be indicated as part of the contract for sale.
7.1.10 Can a lump sum payment be made instead of annual leave?
If the employee is covered by a Certified Agreement, Australian Workplace Agreement, ITEA
or the employees award contains a provision providing for the cashing out of leave as
provided for under the Fair Work Act 2009 it is possible to include in such an agreement a
provision to pay out accrued leave entitlements for annual leave and long service leave, with
limits applying to the quantum of the payouts . If the employee’s modern award contains
provisions relating to the cashing out of annual leave then follow those provisions.
Otherwise, it is prohibited to make any payment instead of taking annual leave, except on
termination of employment.
In Western Australia the Minimum Conditions of Employment Act 1993 provides for
contracting out of annual leave conditions given certain conditions. Contracting out is
allowed under the Act where there is an agreement between the employer and the
employee that the employee forgoes his or her entitlement to annual leave. The agreement
must be in writing and the employee must be given an equivalent benefit in lieu of the
entitlement.
For further information in relation to cashing out annual leave, please contact the AVA HR
Advisory Service.
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7.1.11 What happens if a public holiday occurs during annual leave
An extra day must be given or be added to the annual leave balance of the worker.
7.1.12 How do other types of leave interrelate?

Workers Compensation
New South Wales
Both annual leave payments and workers compensation benefits are payable if the
employee in question remains employed at the time annual leave entitlement falls
due.
Victoria
An employee is entitled to either annual leave payments or workers compensation if
still employed when annual leave entitlement falls due. This usually means that the
employee receives annual leave payment only during the period of leave and no
workers compensation if the employee is still employed while on workers
compensation.
Queensland
The legislation is not clear as to whether an employee in receipt of workers
compensation is entitled to receive both annual leave payment and workers
compensation at the same time.
South Australia
Both annual leave payments and workers compensation are payable to an employee
(who remains on the employer's books) until the employee has been in receipt of
workers compensation payments for total incapacity for 52 weeks or more and then
the employee is entitled to receive leave loading only.
Western Australia
The Workers' Compensation and Injury Management Act 1981, sec 80 makes it clear
that both annual leave and workers compensation payments may be received
concurrently.
Tasmania
Annual leave payments and workers compensation are not payable concurrently.
Certain rights may be claimed on return to work by the compensation recipient.
Northern Territory
It may be that both annual leave payments and workers compensation are payable
concurrently; however, the matter is unclear as the workers compensation
legislation does not refer to the problem.
Australian Capital Territory
The situation is similar to that in the Northern Territory.
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
Other Forms of Leave
An employee shall not be considered to be absent due to annual leave if the period
of leave includes another form of leave (excpt for unpaid parental leave).
For example, if an employee is sick whilst on annual leave they will be entitled to
convert their leave to personal/carer’s leave. In such situations, we recommend
that you make the employee aware that they will be required to provide a medical
certificate on their return to work.
7.1.13 What about terminating employment during annual leave?

Employer
Generally, employees should not be terminated whilst on annual leave. This is because it is
always important to ensure that an adequate counselling procedure has been undertaken
before dismissal occurs.
Exceptions to this rule may include:-


employee not returning from leave on the date agreed and no explanation
offered

employee commits an act of gross misconduct whilst on leave which directly
affects the employer’s business

bona fide redundancy.
Employee
An employee who complies with the notice provisions of their contract may resign during a
period of annual leave. If the leave has been granted in advance, it may be deducted from
any subsequent termination payment.
7.1.14 What are the employer's responsibilities?
The employer must:

keep full records of their workers' annual holidays for a period of six years after the
last date on which holidays were taken;

give at least one month's notice of requiring a worker to take annual leave or of an
annual close-down;

pay the worker before the commencement of the annual holiday.
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7.2
Long Service Leave
7.2.1 What is long service leave?
Long service leave is paid leave given to employees in recognition of a long and continuous
period of service with one employer, usually 10 or 15 years.
Each state still has jurisdiction for LSL entitlements. This will be changing at some stage over
the next few years to a Federal LSL scheme. At present however, the Federal LSL scheme is
still in the initial phases of being developed. AVA members will be notified of any changes to
long service leave entitlements as soon as this information becomes available.
In the interim we recommend employers use the AVA HR Advisory Service to check your
particular liabilities as the entitlements differ from state to state. This is particularly the case
when considering pro rata payments on termination of employment prior to any Long
Service Leave entitlement being available to an employee.

New South Wales
 8.67 weeks after 10 years continuing service and additional 1 month for each 5
years of service for service commencing after 1 April 1963
 Pro rata between 5-10 years in certain circumstances
 Long Service Leave Act 1955

Australian Capital Territory
 6.0669 weeks after 7 years continuing service and an additional 1 month for
each 5 years of service
 Pro-rata entitlement at 5 years in certain circumstances
 Long Service Leave Act 1976

Victoria
 8.67 weeks leave after 10 years (However, only 2/3 of employee’s continuous
employment before 1 January 2006 counts in ascertaining when leave may be
taken)
 Pro-rata entitlements after 7 years
 Long Service Leave Act 1992

Queensland
 8.667 weeks leave after 10 years
 Pro-rata entitlement after 7 years
 Industrial Relations Act 1999

South Australia
 13 weeks leave after 10 years and 1.3 weeks leave for each subsequent year
 Long Service Act 1987
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
Western Australia
 Generally, from 4th July 2006, 8.67 weeks after 10 years, pro rata after 7 years
continuous service. Additional 4.333 weeks each 5 year period after the initial
10 year period.
 For those constitutional corporations covered by State Awards or agreements
specifically referring to the Long Service Leave General Order prior to the
enactment of WorkChoices, 13 weeks leave after 15 years and 8.67 weeks for
each 10 years thereafter. Pro-rata entitlement after 10 years
 Long Service Leave Act 1958

Tasmania

 13 weeks leave after 15 years and 8.67 weeks for each 10 years thereafter
 Pro-rata entitlement after 7 years
 Long Service Leave Act 1976

Northern Territory
 13 weeks leave after 15 years and 8.67 weeks for each 10 years thereafter
 Pro-rata entitlement after 7 years
 Long Service Leave Act 1981
7.2.2 Who is not covered?
Employees are generally covered by State laws, except those:-



covered by federal awards or agreements which contain long service leave
provisions
who are provided with a more generous long service leave provision by their
employer
employed in the building, construction and mining industry who are governed by
special funds
7.2.3 What about casual and part-time employees?
Casuals
Casual employees are entitled to Long Service Leave if they have worked on a regular and
systematic basis for the required amount of time.
Part-Time
Part-time employees are covered because they are permanent employees. Leave is granted
at the part-time rate of pay, for example:A NSW-based employee has worked continuously on a part-time basis for 10 years.
The employee works only on Monday, Wednesday and Friday for a total period of 24
hours and is paid $200 per week.
Long Service Leave Entitlement = 8.67 weeks
Long Service Leave Payment = 8.67 x $200
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7.2.5 What is continuous service?
Continuous service is defined as when an employee is engaged by the same employer either
on a permanent, casual or part-time basis as an adult under one or more contracts of
employment. Service is deemed to be unbroken in many situations including:-










absence provided under the employees award or contract or with the employers
permission, such as parental leave
absence due to injury or illness
termination of employment by the employer to avoid the provisions of the Act
governing long service leave
absence caused by an industrial dispute
absence because of a downturn in business
if the employee is re-employed within two months of termination
an apprenticeship period where re-employment occurs within 12 months of the end
of the apprenticeship period
service with the Australian naval, military or air forces other than as a permanent
member of the forces
junior periods of service where the junior continuous performing duties as an adult
sale of the business
7.2.6 What types of leave affect accrual of long service leave entitlements?
Whilst not affecting continuity of service the following types of leave should not be taken
into account when calculating qualifying periods. They should be viewed as a suspension of
service:





Parental leave
Industrial disputes
Downturn in business
Re-employment within 2 months (12 months in the case of an apprentice)
Authorised leave without pay
7.2.7 Must I tell my employee that their long service leave is due?
Timing of leave
Advance
employer
notice
Length of notice
from
NSW
ACT
Vic
Qld
SA
WA
Tas
NT
Yes
Yes
No
Yes
Yes
Yes
No
Yes
1 month
60
days
N/A
3
months
60
days
1
month
N/A
2
months
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7.2.8 When must the employee take leave?
Most legislation provides that leave must be taken as soon as practicable but this is often
varied by agreement between the employer and employee.
7.2.9 Can leave be taken in more than one period?
Yes, leave can be taken in separate periods although this varies across different jurisdictions.
Jurisdiction
First Leave
Subsequent Leave
New South Wales
2
2, 3 or 4 (see Act)
Victoria
3
2
Queensland
As agreed between employer and employee
South Australia
As agreed between employer and employee
Western Australia
In periods of at least 1 week if employer and
employee agree
Tasmania
2
2
Northern Territory
3 of at least one
month
3 of at least one month
Australian Capital Territory
In periods of at least one months (unless
agreement fr shorter periods)
.
7.2.10 At what rate should I pay long service leave?
Long service leave is paid at the employees ordinary rate of pay, that is, total amount you
would normally pay the employee for working their ordinary hours of work had they not
gone on leave.
It does not include:-







Overtime
Penalty Rates
Disability allowances
Shift allowances (except in Tasmania)
Special rates
Fares
Travelling time allowances
In NSW the amount of ordinary pay is either the amount payable at the time of taking leave
or the average amount received over the previous five years, whichever is the greater.
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7.2.11 What if the employee resigns, is terminated or dies before taking leave?
An employee or their estate is entitled to payment for leave accrued either fully and/or on a
pro-rata basis following termination after the applicable entitlement period has elapsed.
7.2.12 Can I pay out long service leave without the leave actually being taken?
Generally the answer is no unless the employee is terminated or dies. However, it may be
possible to do this if you have a federally registered agreement which specifically addresses
this issue.
Some States do allow the cashing out of leave under certain circumstances:
Queensland may allow it if the employee requests and makes application to the
commission for the money on compassionate grounds or hardship.
Western Australia allows this if a written agreement is made in which employees can
trade some or all of their long service leave for an adequate benefit in lieu, and at the
employee’s request.
In Tasmania, an employee with the agreement of the employer may `cash-in' long
service leave by receiving payment in lieu. This means that the employer may pay an
employee the cash value of long service leave due and the employee will not be absent
from work. An employee may also take a mixture of cash and leave.
In South Australia, with agreement from their employer an employee who has worked
for 10 or more years, may "cash out" either part, or the whole, of their accrued Long
Service Leave. To "cash out" Long Service Leave entitlements the employer and the
employee must make an individual written agreement that is signed by them both.
There are no provisions for LSL to be cashed out in NSW, Victoria, ACT or NT.
7.2.13 Can I grant long service leave in advance?
Yes and you can deduct any leave taken from an termination payment which results if the
employee leaves prior to the leave becoming due. The risk in this is obvious, granting leave
to someone who subsequently resigns before accruing their long service leave entitlement
may leave you out of pocket.
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7.3
Personal/Carer’s Leave – (Sick and/or Carer’s Leave)
7.3.1 What is personal/carer’s leave?
Under the current legislation employees are entitled to 10 days of personal/carers leave per
year of service and this accrues progressively throughout the year. Part time employees are
entitled to a pro rata entitlement.
The term personal/carer’s leave effectively covers both sick leave and carer’s leave.
7.3.2 Who is entitled to personal/carer’s leave?
All permanent employees are entitled to personal/carer’s leave whether they work on a fulltime or part-time basis. Casual employees are generally excluded and must take unpaid
leave for such absences.
7.3.3 Does personal/carer’s leave accumulate?
An employees entitlements to personal/carer’s leave accumulates year to year.
7.3.5 Can personal/carer’s leave be cashed in?
Generally awards do not allow the paying out of personal/carer’s leave. However,
registered agreements and modern awards may allow a payout of accrued personal/carer’s
leave. There are no specific provisions which allow for the paying out of personal/carer’s
leave applicable to unincorporated employers in WA.
Federal System Employers (not unincorporated employers in WA)
For employees covered by an agreement or an award, cashing out of personal/carer’s leave
is permitted in the following circumstances only:
- the award or agreement contain provisions to allow the cashing out of
leave; and
- there is a separate agreement in writing on each occasion; and
- the employee retains a balance of at least 15 days of untaken
personal/carer’s leave; and
- the employee is paid the full amount that would have been payable had
they taken the leave.
7.3.6 Do I have to pay personal/carer’s leave on termination?
Unless there is a specific award or agreement clause which provides for this, the answer is
no. Although personal/carer’s leave is accrued during the period of employment it is not
payable on termination.
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7.3.7 When does my employee have to notify me that they are ill?
An employee should always notify as soon as possible that they are unable to attend work
and at least within 24 hours of falling sick. Most awards and agreements prescribe specific
notification criteria.
7.3.8 Can I ask for proof of illness?
Your employee should produce satisfactory evidence of illness in order to be entitled to
personal/carer’s leave. Satisfactory evidence can mean a medical certificate or a statutory
declaration.
7.3.9 When is personal/carer’s leave not applicable?
Personal/carer’s leave is generally not applicable under the following circumstances:•
•
•
•
medical or veterinary procedures which are of a preventative or routine nature
failure to provide proof of sickness
long term illnesses which require regular treatment but do not incapacitate the
employee
injuries or illnesses which are covered under workers compensation provisions.
7.3.10 What if my employee falls ill during another type of leave?
Public Holidays
If an employee falls ill during a public holiday, personal/carer’s leave is not applicable.
Annual and Long Service Leave
Federal System Employers (not unincorporated employers in WA – see below)
If an employer is covered by the Fair Work Act 2009 and an employee falls sick whilst on
annual leave or long service leave then the employee is not taken to be on annual leave or
long service leave and would be paid personal leave for the period of the illness regardless
of any approved annual leave or long service leave dates.
Unincorporated Employers – Western Australia
If the specific contract of employment does not provide for sick leave whilst on annual leave
or long service leave, then the employee is not entitled to claim sick leave.
Maternity Leave
If the employee falls ill during her pregnancy and is still working then she is entitled to
personal/carer’s leave in addition to maternity leave. She may also opt to take
personal/carer’s leave instead of special maternity leave in the event of miscarriage or a still
born child.
However, once the employee has commenced a period of maternity leave they are not
entitled to claim personal/carer’s leave.
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Parental Leave
Employees are not entitled to claim personal/carer’s leave whilst on parental leave.
7.3.11 Should I keep a record of personal/carer’s leave entitlements and
personal/carer’s leave taken?
Absolutely. Just like all other employee entitlements a record should be kept attached to
the time and wages records.
7.4
Public and Special Holidays
7.4.1 What are public holidays and special holidays?
Federal and/or State governments may declare certain days to be public holidays. In
Australia there are ten standard public holidays:1.
2.
3.
4.
4.
5.
6.
7.
8.
9.
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen’s Birthday
Eight-hour day/Labour Day
Christmas Day
Boxing Day
In addition to these days, governments may gazette other days as public holidays. For
example, if a public holiday falls on a Saturday or Sunday it may be that the following
Monday is declared a public holiday.
7.4.2 What about regional holidays?
Federal System Employers (not unincorporated employers in WA – see below)
For employers under the Fair Work Act 2009, employees are entitled to regional and local
public holidays that are gazetted by the state government in their region. We recommend
that you contact the AVA HR Advisory Service for advice in regards to regional holidays so
that we can confirm which days should be recognised as public holidays.
Unincorporated Employers in Western Australia
Unincorporated Employers in Western Australia should refer to their respective awards.
Some awards and agreements provide for regional holidays or other holidays e.g. show days,
to be provided. In the absence of such express coverage within an applicable industrial
instrument, the conferring of the benefit of a local public holiday to employees is entirely
within the discretion of individual employers.
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7.4.3 Who is entitled to payment for public holidays?
All permanent full-time and part-time staff are entitled to payment whilst on a public
holiday. Casuals are not entitled to payment unless they work on the public holiday.
7.4.4 What if a public holiday falls during other types of leave?
If a public holiday falls during a period of annual leave or long service leave then the period
of leave is extended. Other forms of leave do not generally allow a similar type of extension.
Employees who are on strike when a public holiday falls due are not entitled to payment for
that day.
7.4.5 Are employees entitled to additional payments if they work on public
holidays?
Awards and enterprise agreements usually provide for additional payments for work on
public holidays. Agreements may also provide for time off in lieu equal to the hours worked
on a public holiday.
7.4.6 Public Holidays – States and Territories
For accurate information of public holidays, enquiries should be made directly to the
appropriate government body.
Federal System Employers (not unincorporated employers in WA – see below)
The Fair Work Ombudsman can provide information on public holiday entitlements for those
within the Federal System. The contact details are as follows:
- www.fairwork.gov.au
- 13 13 94
For information on regional holidays employers can also check the relevant State websites:
-
ACT: www.cmd.act.gov.au/holidays.shtml
NSW: www.industrialrelations.nsw.gov.au/About_NSW_IR/Public_Holidays.html
NT: www.ocpe.nt.gov.au/legislation/holidays
Qld: www.wageline.qld.gov.au/publicholidays/index.html
SA: www.safework.sa.gov.au/show_page.jsp?id=2483
Tas: www.wst.tas.gov.au/employment_info/public_holidays
Vic: www.vic.gov.au/Victorian-Public-Holiday-Dates.html
WA:
www.commerce.wa.gov.au/LabourRelations/Content/Wages%20and%20Leave/Holi
days/index.htm
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Unincorporated Employers – Western Australia
Unincorporated Employers in Western Australia should contact the Department of
Commerce, Labour Relations Branch. The contact details are as follows:
www.commerce.wa.gov.au/LabourRelations/Content/Wages%20and%20Leave/Holi
days/index.htm
- 1300 30 78 77
-
7.5
Parental Leave
7.5.1 What is parental leave?
Parental leave consists of Maternity, Paternity and Adoption leave. Generally each form of
leave is unpaid and is available up to a period of 52 weeks from the arrival of the child.
Under the NES employees under the federal system can request to extend to the leave for a
further period of up to 12 months.
The specific purpose of this type of leave is to allow parents to care for their new child(ren).
Maternity Leave
All employees are entitled to a maximum of 52 weeks unpaid leave, to be commenced
within 12 months of the birth of the child, available to permanent full-time and part-time
female employees who have at least 12 months’ continuous service and who comply with
various notice provisions. Casual employees are also entitled to this leave if they have been
employed on a regular and systematic basis for at least 12 months and have a reasonable
expectation of ongoing employment.
Federal System Employers (not unincorporated employers in WA)
For employers covered by the Fair Work Act 2009 an employee may additionally request to
extend their period of parental leave by a period of up to 12 months. This request must be
given to the employer in writing at least 4 weeks before the end of their original parental
leave period. The employer must respond in writing within 21 days and can only refuse this
request on reasonable business grounds.
Paternity Leave
All employees are entitled to a maximum of 52 weeks unpaid leave, to be commenced
within 12 months of the birth of the child, available to permanent full-time and part-time
male employees who have at least 12 months’ continuous service and who comply with
various application and notice provisions. Casual employees are also entitled to this leave if
they have been employed on a regular and systematic basis for at least 12 months and have
a reasonable expectation of ongoing employment.
Federal System Employers (not unincorporated employers in WA)
For employers covered by the Fair Work Act 2009 an employee may additionally request to
extend their period of parental leave by a period of up to 12 months. This request must be
given to the employer in writing at least 4 weeks before the end of their original parental
leave period. The employer must respond in writing within 21 days and can only refuse this
request on reasonable business grounds.
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Adoption Leave
All employees are entitled to a maximum of 52 weeks unpaid leave, following adoption of a
child up to the age of five, available to permanent full-time and part-time female and male
employees who have at least 12 months’ continuous service and who comply with various
application and notice provisions. Casual employees are also entitled to this leave if they
have been employed on a regular and systematic basis for at least 12 months and have a
reasonable expectation of ongoing employment.
Federal System Employers
For employers covered by the Fair Work Act 2009 an employee may additionally request to
extend their period of parental leave by a period of up to 12 months. This request must be
given to the employer in writing at least 4 weeks before the end of their original parental
leave period. The employer must respond in writing within 21 days and can only refuse this
request on reasonable business grounds.
7.5.2 Who is entitled to parental leave?
All permanent full-time and part-time employees are entitled to parental leave even if the
award or agreement is silent on the issue.
Casuals who are employed on a regular and systematic basis for 12 months and have a
reasonable expectation of on-going employment are entitled to maternity leave.
7.5.3 When does my employee become entitled to parental leave?
An employee must have worked for you for a period of at least 12 months continuously
before they go on leave. In addition they must provide a medical certificate or other
appropriate documentation about the expected date of birth and they must provide you
with notice of their intention to take leave. Parents are not entitled to take leave
concurrently except for a period of one week at the time of the birth.
7.5.4. What are the notice provisions?
Maternity Leave
There are several standard notice provisions required by most maternity leave clauses:(A) medical certificate certifying pregnancy once the employee decides to claim
leave;
(B)
notice in writing at least 10 weeks prior to the expected date of
confinement;
(C)
four weeks written notice of the dates she wishes to start and finish
maternity leave together with a statutory declaration detailing any paternity
leave to be taken by their partner;
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(D) 14 days’ written notice of intention to shorten or lengthen the period of
leave;
(E)
written notice if the pregnancy terminates other than by the birth of a living
child with the employer obliged to re-employ within four weeks of
notification;
(F)
four weeks written notice of the employee’s intention to return to work
after a period of maternity leave.
If your employee wishes to work during the six weeks immediately prior to her presumed
date of confinement, you may request the employee to provide a medical certificate to
indicate she is considered to be fit for work. If the employee fails to provide this medical
certificate, you can request the employee to commence maternity leave.
Paternity Leave
The employee must give the employer written notice at least 10 weeks in advance of each
period of leave he intends to take. The notice must state the dates on which he expects to
start and finish the leave and must be accompanied by certification.
Adoption Leave
Adoption leave can be categorised into two areas - short and extended.
Short adoption leave is a period of up to three weeks which may be taken by both parents at
the time of the placement of the child.
Extended adoption leave cannot be taken by both parents concurrently and requires the
employee give at least 10 weeks’ notice of any proposed period of extended adoption leave
and four weeks’ notice of his or her intention to return to work.
All notice provisions should be checked against applicable award or agreement clauses.
7.5.5 When can leave commence?
Maternity Leave
Employees are entitled to start maternity leave at any time within 6 weeks before the
expected birth. The leave may however commence at an earlier date particularly if the
employee is unwell and requests to commence her period of leave at an earlier date.
In call cases, the relevant provisions within the applicable award or agreement should be
checked.
Paternity Leave
The employee is entitled to up to one week at the time of the birth of a child and up to a
maximum of 52 weeks within the first year of the child’s life. The extended period of leave is
only available where the employee is to be the primary caregiver of the child.
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Adoption Leave
Three weeks is available at the time of the placement of the child which may be concurrent
with the other parents’ leave. Following this period an additional unbroken period of up to
52 weeks may be taken.
7.5.6 What is Special Maternity Leave?
Both the New South Wales and Federal Acts provide for a category of special maternity
leave if the pregnancy terminates other than by the birth of a living child. The length of the
leave is that amount of time that a medical practitioner states is necessary in a medical
certificate. The employee is entitled to take paid sick leave which she has accrued instead of
or as well as special maternity leave.
7.5.7 What if the child is born prematurely?
An employee does not breach the notice provisions or forfeit entitlement to maternity leave
if the child is born prematurely. The federal legislation states that an employee is entitled to
parental leave providing it is reasonable to expect that he/she will complete 12 months’
continuous service prior to going on leave. Under the circumstances of a premature birth,
notice should be given within two weeks of the birth of the child.
7.5.8 Does my employee have to take parental leave?
Simply the answer is no. However, they can not be prevented from taking leave if they meet
all the applicable criteria. Further, an employee may be required to be transferred to a safe
job should her medical practitioner or employer consider it inadvisable for her to continue in
her current position whilst pregnant.
7.5.9 Can other types of leave be taken concurrently?
Yes, but it reduces the parental leave by the amount of other leave taken. For example, if
annual leave of four weeks is taken then the maximum amount of parental leave available
would be reduced to 48 weeks.
7.5.10 Can I terminate an employee on parental leave?
As with all terminations the right to do so is available, however, you are not able to
terminate an employee simply because they are or intend to take parental leave as this
would breach anti-discrimination legislation.
If you are considering terminating an employee who is on parental leave we suggest you
contact the AVA HR Advisory Service prior to taking any action.
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7.6
Other Types of Leave
7.6.1 What other types of leave are available to employees?
Other types of leave available to employees that are not covered elsewhere in this section
include:Community Service Leave
Under the Fair Work Act 2009, which covers employers in the federal system only,
employees are entitled to take unpaid leave in order to assist in an eligible
community service activity such as jury service or a voluntary emergency
management activity.
Study Leave
Paid leave to an employee who is required to attend outside seminars and the like
and/or prepare for examinations in studies which would assist work capabilities.
Trade Union Training Leave
Paid leave to enable certain employees involved in trade union activities to attend
courses to improve their ability in those activities.
Compassionate Leave
Paid leave for a short period to enable an employee to attend the funeral and carry
out related concerns when a member of the employees immediate family or
household contracts a serious or life threatening illness or dies.
Jury Service
Paid leave to attend compulsory jury service
Blood Donors’ Leave
Paid leave to enable an employee to give blood to an authorised blood bank
Repatriation Leave
Time off to allow repatriation patients to be treated by repatriation services
Defence Services Leave
Time off to attend Defence Reserve activities, usually a two-week training camp
once a year
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Cultural or Ceremonial Leave
Paid or unpaid time off to participate in traditional cultural or ceremonial events,
which may relate to Aborigines and Torres Strait Islanders or people of other ethnic
groups
Special Leave
A miscellaneous category which may apply to leave for such matters as an employee
moving to a new work location
Leave Without Pay
A period free from work granted to an employee who wishes to pursue personal
matters and yet does not wish to terminate the contract of employment
Leave in Lieu of Payment
Paid leave taken in lieu of receiving money otherwise due to the employee (usually
accrued as overtime)
Personal/Carer’s Leave
Use of other types of paid leave to care for a sick child or relative living with the
employee.
7.6.2 Do I have to grant an employee all of these types of leave?
Community Service Leave
If you are a federal system employer than you must grant this type of leave. This
leave is one of the 10 National Employment Standards and must be granted to
employees in eligible circumstances.
Study Leave
The obligation to provide paid study leave is found in individual awards and
enterprise agreements.
It should be noted that study leave is not an allowable matter under the Workplace
Relations Act 1996 (federal) and therefore if a federal award still contains a study
leave clause, the clause is deemed to be inoperative.
Trade Union Training Leave
The obligation to provide paid trade union training leave is found in individual
awards and enterprise agreements.
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It should be noted that this type of leave is not an allowable matter under Section
89A of the Workplace Relations Act 1996 (federal) and therefore if a federal award
still contains a study leave clause, the clause is deemed to be inoperative.
Compassionate Leave
The obligation to provide paid compassionate leave is found in individual awards
and enterprise agreements. Leave is usually available on the death of the following
relatives:







a spouse of the employee; or
a de facto spouse who, in relation to a person, is a person of the
opposite sex to the first mentioned person who lives with the
first mentioned person as the husband or wife of that person on a
bona fide domestic basis although not legally married to that
person; or
a child or an adult child (including an adopted child, a step- child,
a foster child or an ex-nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of
the employee or spouse or de facto spouse of the employee; or
a same sex partner who lives with the employee as the de
facto partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household where:
"relative" means a person related by blood, marriage or affinity;
"affinity” means a relationship that one spouse, because of
marriage, has to blood relatives of the other; and
"household" means a family group living in the same domestic
dwelling.
Jury Service
The obligation to provide paid jury leave is found in individual awards and enterprise
agreements. For federal system employers this entitlement is now contained within
the National Employment Standards.
Blood Donors’ Leave
Whilst there is no statutory provision for granting blood donors’ leave, individual
awards and agreements may contain this clause, however, this is not an allowable
matter for federal awards.
Repatriation Leave
Awards and agreements are the only sources of repatriation leave, however, it is
extremely uncommon to find such a clause.
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Defence Services Leave
The Defence Act 1903 and the Defence (Re-establishment) Act 1965 provide an
employer must not hinder a person from volunteering for service in the Emergency
Forces or the Reserve Forces and further must not penalise a person on account of
their service in these forces. Leave is unpaid and is usually for 10 working days per
year.
Cultural or Ceremonial Leave
The granting of cultural or ceremonial leave is only available through awards or
agreements that contain clauses providing for this type of leave. There is no
legislative base for the provision of this type of leave except that it is considered an
allowable matter for federal awards.
Special Leave
Again, awards and agreements may provide special types of leave, such as moving
leave or emergency services leave.
Leave Without Pay
Few awards or agreements contain clauses on the provision of leave without pay.
However, it is common for the employer and employee to enter into a private
arrangement concerning this issue. For example, a valued employee would like to
take one year’s absence to further their education. The employer may well decide
to grant this by effectively suspending employment for the year, replacing the
employee with a fixed-term contract employee and granting the leave.
Leave in Lieu of Payment
If the award or agreement provides for this type of leave, it may be granted. It is
important to note that if the award or agreement prescribes a rate of payment for
overtime, this can not be replaced by leave in lieu of payment unless the award or
agreement specifically provides for this.
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8. Employee Records
8.1
What types of employee records should I keep?
There are two categories of employee records, those:1)
required by legislation to be kept; and
2)
which should be kept to ensure effective management of the employee.
Legislation requires that you maintain records detailing:•
•
•
•
•
•
•
•
•
•
•
•
•
superannuation
hours worked
wages earned and paid
leave entitlements
staffing levels
job classifications
award and/or agreement conditions
workers compensation claims and entitlements
income tax instalments withheld
fringe benefits provided
payroll tax payable
superannuation contributions
employees’ tax file numbers
Other records that you should keep to ensure effective management of your employees
include:•
•
•
•
•
employment application forms
appraisals
disciplinary and counselling session documentation
changes to contracts of employment
staff meeting minutes
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8.2
Does the Fair Work Act contain any additional record keeping
requirements?
Federal regulations require employers to keep time and wages records:
 the employer’s name (eg ABC Supplies Pty Ltd trading as ABC)
 the employee's name and date of birth
 the date the employee commenced work with the employer
 the names of any federal industrial instrument under which that employee has
entitlements (i.e. Clerical Employees (State) Award (NAPSA))
 the employee's job classification under that instrument
 whether the employee works part-time or full-time and is a permanent,
temporary or casual employee
 If the employee is part-time or full-time, the specified number of hours to be
worked each week
 the number of hours worked by the employee each day, including when the
employee started and finished work
 overtime and breaks taken (where the employee’s base annual salary (ie
excluding employer superannuation contributions, bonuses, loadings, etc is less
than $55,000)
 if the employee has agreed to an averaging of hours, a copy of the written
agreement
 rate of pay, including the gross and net amounts paid and details of any
deductions
 any allowances, penalties, loadings, bonuses or incentive-based payments paid
 date of payment and period to which the payment relates
 leave taken and leave accrued and details of annual leave which the employee
has elected to forgo* (*only if this provision is within a registered agreement)
 superannuation fund name and contributions if these are provided for in the
award(s) or agreement(s) which cover the employee (excluding those made to
defined benefits superannuation funds)
 the termination of an employee's employment, including:
o the name of the person who terminated the employment
o the reasons for the termination
o how the termination took place (was the employment terminated by
consent, by notice, summarily or in some other manner?).
o date of termination.
Leave
(Including annual leave, long service leave, sick leave and parental leave)
•
•
•
•
•
•
•
•
periods of leave taken
leave entitlement
dates on which employees became entitled to leave
leave accrual
amounts paid in respect of leave
date of payment
leave applications
medical certificates for maternity leave and sick leave
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•
statutory declarations relating to adoption and parental leave
For all other types of leave records should show the specific leave entitlement and the
period of leave taken and clearly distinguish it from other forms of leave.
Income Tax
•
•
•
•
•
•
group tax number, remittances and reconciliations
group certificates issued
employment declaration forms
employee tax file number
FBT records
prescribed payments summary
Workers Compensation
•
•
•
•
•
•
record of injuries
medical certificates
leave taken and payments made
rehabilitation documentation
forms completed by and correspondence with the employee
correspondence with the insurance company
Training
(For employees who fall under formal apprenticeship or trainee programs)
•
job classification
•
name and address
•
copy of apprenticeship indenture or training agreement
•
record of training program
•
employer proposal form and training details form (trainees)
•
training record book/apprentice progress card
Superannuation
•
•
•
•
•
details of the superannuation fund to which contributions are made
employer payments for:superannuation guarantee scheme (SGC)
award superannuation
superannuation not related to either SGC or award superannuation
employee earnings base for superannuation guarantee purposes
employee contributions
annual national payroll data for base year
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Payroll Records
Payroll records are to be kept in English and generally should contain the
following:•
•
•
•
•
•
•
•
•
•
•
•
•
the full name of the employer
the full name of the employee
the occupation and classification of the employee under the relevant award
or agreement
whether the employee is employed full-time or part-time
whether the employee is employed on a permanent, temporary or casual
basis
date the employee commenced working for you
date of termination
number of hours worked by each employee during each week
number of hours worked by each employee during each day and the times
of starting and finishing work, if the award or agreement limits the daily
hours of work and provides payment for overtime
the rate of wages payable per week, day, hour or other period at which each
employee is paid
amount of wages paid to each employee, showing deductions from those
wages
if an apprentice or trainee, the date the person became same
any other information that is necessary to show you are complying with the
requirements of the relevant award or agreement
Pay Slips
Requirements vary, however, generally pay slips should provide the following
information:•
•
•
•
•
•
•
•
•
•
•
Employees name
Whether the rate of pay is set by an industrial award
Classification of the employee
Date on which payment was made
Period of employment to which the payment relates
Total amount of payment (including overtime and other payments)
Amount paid as overtime or information to enable to employee to calculate
the amount paid as overtime
Amount deducted for tax
Amount deducted as employee contributions for superannuation
Details of all other deductions
Net amount paid
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Schedule A: Template Job Descriptions
A.1
Veterinary Surgeon
SUMMARY TABLE
TECHNICAL COMPETENCIES
1. Perform treatment
2. Patient relationships
3. Initial examination & consultation
4. Diagnosis
5. Treatment plan
6. Veterinary team
7. Disease Control
8. Financial responsibility for patients
9. Continuing education
10. Clinical records
11. Appointment timing
12. Practice treatment philosophy
IW
%
15
10
10
10
10
10
10
5
5
5
5
5
---100
PERSONAL COMPETENCIES
IW
%
30
15
15
10
10
10
10
1. Professional pride / eye-for
detail
2. Accepts direction
3. People management skills
4. Confidence
5. Empathetic
6. Teamwork / Co-operation
7. Listening skills
---100
NOTE: This Job Description has been designed to reflect best practice. It is recognised that not all
the attached competencies are going to be relevant for your practice. We encourage you to
amend it accordingly to meet your practice’s precise needs.
CHECKLIST:

Have you reviewed the position content items? Have you identified and captured the
competencies required for successful performance in the position - for your practice?

Have you reviewed the performance standards? Do they reflect the levels of performance
required in your practice?

Have you reviewed the importance weightings?

Avoid discriminatory language

Before either the:
job interview, or
staff appraisal
familiarise yourself thoroughly
applicant/employee

with
all
available
information
regarding
the
Prepare the questions you will ask and points you wish to raise
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Human Resource and Industrial Relations Reference Manual
March 2010
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JOB DESCRIPTION
FOR THE POSITION OF
VETERINARIAN
Position Analysts:
Current person in the role:
Sign off:
___________________________________
___________________________________
___________________________________
A.
Technical competencies
IW
%
1.
Perform treatment
15
H:
M:
L:
Efficient delivery of high quality treatment. A commitment to excellence
Delivery of adequate treatment
Occasional delivery of poor quality treatment
2.
Client relationship
10
Establish relationship with Client
H:
L:
Develop immediate client rapport. Quickly establish accurate awareness
of client’s expectations. Treatment consistently sensitive to their needs.
Polite, cordial; generally aware of patient’s concerns and attempts to address
them most of the time
Makes little effort in making client feel at ease
3.
Initial examination & consultation
M:
10
Gains full history by carrying out initial examination & consultation.
H:
M:
L:
Clinical records are complete. Appropriate gathering of data relevant to
the patients presenting condition
Cursory examination. Incomplete gathering of data.
4.
Diagnosis
10
Formulate diagnosis based upon examination of patient
H:
M:
L:
Diagnosis is always accurate and complete
Diagnosis is always accurate - but not always complete
Diagnosis is regularly inaccurate
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March 2010
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IW
%
5.
Treatment plan
10
Development of treatment plan
H:
M:
L:
6.
Presentation of ideal treatment and initiates discussion of alternative
treatment options and fees
Prejudges clients treatment expectations which often leads to non-ideal
treatment
Veterinary team
10
Develops working relationship with the veterinary team
H:
M:
L:
The team works together as a cohesive unit. Respect for each other.
Strong rapport among team members
Adequate communication
Little team effort
7.
Disease Control
10
Manage, treat and control disease
H:
M:
L:
8.
Options for management, treatment and control are identified and tenable plans
formulated.
Results monitored.
Follow up procedures are effective.
Options for management, treatment and control are identified and tenable plans
formulated.
Results are mostly monitored.
Follow-up procedures are mostly effective.
Options for management, treatment and control are identified and tenable plans
formulated.
Results are rarely monitored.
Follow-up procedures are mostly effective.
Financial responsibility for patients
5
Confirm financial arrangements with patients. Explain fees.
H:
M:
L:
Provides clear explanation and presentation of costs of treatment.
Is also aware of monitoring client payments.
Provides clear explanation and presentation of costs of treatment.
Ambiguous explanation of fees. Often fees are not discussed.
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March 2010
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IW
%
9.
Continuing education
5
Participation in CE and developing professional competence
H:
M:
L:
10.
Regularly attends CE: 6 working days per year. Participates in local and
special interest groups
Regularly attends CE: 4 - 5 working days per year. Participates in local and
special interest groups
Attends less than 3 days CE per year. No involvement in local or special
interest groups
Clinical records
5
Keeps the clinical records consistent with the requirements of the practice
H:
M:
L:
11.
The clinical records are always accurate, complete and appropriate.
Completed same day
The clinical records are always accurate but occasionally incomplete.
Completed same day
The clinical records are occasionally inaccurate and occasionally
incomplete. Completed next day or later.
Appointment timing
5
Responsible for ensuring that treatment is performed in a timely manner
H:
M:
L:
Always runs to time. Sets appropriate appointment length to maximise
treatment efficiency. Able to promptly diagnose and treat emergency
patients.
Occasionally late - up to 20 minutes
Consistently runs late - up to 30 minutes
13.
Practice treatment philosophy*
5
Meets the practice treatment philosophy (PTP).
H:
M:
L:
Always implements the PTP. Has a high degree of commitment and
respect for it
Consistent application of the PTP
Fails to implement the PTP
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B.
Personal competencies
IW
%
1.
Professional pride/eye for detail
30
Demonstrates pride in accuracy and detail at every stage and in every
aspect of a task. Being able to consistently achieve a high standard of
treatment and professional behaviour.
H:
M:
L:
Acute eye for detail. Never misses a thing.
Only on rare occasions does a small mistake in the detail slip through.
Regular examples of mistakes and omissions.
2.
Accepts direction
15
Accepts the employer’s direction and recommendations for professional
behaviour within the practice.
H:
M:
L:
3.
Has quality dialogue/discussion with the employer about practice treatment philosophy,
addressing concerns in order to revise and rectify the practical application of the philosophy.
Also, will always accept employer’s suggestions
with good grace and will implement agreed-upon suggestions without taking
offence.
May demonstrate some reluctance when entering into a discussion with the
employer about implementing the practice philosophy; however, will always
accept the employer’s request for change with good grace and will implement
agreed-upon suggestions without taking offence.
Can take offence during and after discussions; doesn’t always apply or
implement the agreed-upon suggestions without taking offence; resents
interference in any area of professional behaviour.
People management skills
15
The ability to interact appropriately and successfully with people of all
different types and at different levels.
H:
M:
L:
Interacts well with all people in all situations. Inspires confidence and
establishes trust.
Interacts competently with most people in most situations.
Takes time in getting to know people. Initially uncomfortable. Can’t
adapt their own personal style.
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March 2010
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IW
%
4.
Confidence
10
A quality of self-reliance and boldness. A confident person has a belief in
their ideas and opinions and a willingness to express and act upon them.
H:
M:
L:
5.
Outgoing and forward disposition in all environments. Able to politely and
clearly put their personal point of view.
Outgoing and forward disposition in familiar environments.
Outgoing - but occasionally verging on being seen as over-confident or
arrogant.
Empathetic
10
The ability to perceive and understand the feelings of others
H:
M:
L:
6.
Genuinely respects the feelings of other members of the dental team
and patients and will show flexibility in trying to accommodate them at every opportunity.
Is aware of the feelings of others and attempts to accommodate them
when possible - but occasionally is unable to
Does not show a high degree of compassion or flexibility to accommodate
problems or concerns of other people
Teamwork/Cooperation
10
The ability to work with other people towards a common goal. To establish
effective collaborative relationships with other people in the practice.
H:
M:
L:
Actively promotes strong team spirit. Instigates initiatives.
Passively supports teamwork. Goes along and supports everything
Works against team goals. Undermines team focus.
7.
Listening skills
10
The ability to give close attention to someone.
H:
M:
L:
Shows genuine interest in what other person is saying and as a result,
listens well and remembers the details.
Recognises that listening is important and will always attempt to listen
carefully but occasionally, details do not ‘sink in’
Appears to ‘go in one ear and out the other’.
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A.2
Veterinary Assistant
SUMMARY TABLE
TECHNICAL COMPETENCIES
1. Anticipation and Preparation
2. Assistance during Examination
3. Equipment Operation
4. Pathology Support
5. Patient and Client Greeting
6. Safety
7. Sterilisation
8. Verbal Skills
IW
%
15
15
15
15
10
10
10
10
---100
PERSONAL COMPETENCIES
1. Accepts direction
2. Empathetic
3. Accuracy and Eye for Detail
4. Handles Pressure and Stress
5. Initiative
6. Listening Skills
7. Sense of Urgency
8. Work ethic
IW
%
15
15
15
15
10
10
10
10
----100
NOTE: This Job Description has been designed to reflect best practice. It is recognised that not all
the attached competencies are going to be relevant for your practice. We encourage you to
amend it accordingly to meet your practice’s precise needs.
CHECKLIST:






Have you reviewed the position content items? Have you identified and captured the
competencies required for successful performance in the position - for your practice?
Have you reviewed the performance standards? Do they reflect the levels of performance
required in your practice?
Have you reviewed the importance weightings?
Avoid discriminatory language
Before either the:
- job interview, or
- staff appraisal
familiarise yourself thoroughly with all available information regarding the
applicant/employee
Prepare the questions you will ask and points you wish to raise
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Human Resource and Industrial Relations Reference Manual
March 2010
Page 77 of 92
Position Analysts:
Current person in the role:
Sign off:
A.
Technical competencies
1.
JOB DESCRIPTION
FOR THE POSITION OF
VETERINARY ASSISTANT
___________________________________
___________________________________
___________________________________
Anticipation and Preparation
IW
%
15
Assists Veterinarians to administer anaesthetics and oxygen during operations and hands
instruments to Veterinarian during surgery.
H:
L:
Equipment and material assembled and prepared for procedures; correctly and accurately
anticipated on minimal information, from veterinarian, conversation or initial examination of
patient, or review of appointment schedule.
Equipment and material assembled and prepared for procedures; correctly anticipated once
procedure has been initiated by veterinarian.
Routinely fails to adequately anticipate or prepare for procedures.
2.
Assistance During Examination
M:
15
Holds animal to allow examination and treatment by Veterinarians. Assists with treatments
including but not limited to: euthanasia; bandaging and wound dressing; changing IV bags
and the supervised administration of medicines.
H:
M:
L:
3.
Handles animals safely and effectively. Ensures treatments are undertaken in a timely
manner.
Handles animals safely and effectively. Treatments are usually undertaken in a timely
manner.
Sometimes handles animals unsafely. Rarely ensures treatments are undertaken in a timely
manner.
Equipment Operation
15
Prepare environment and operate radiographic, ultrasound, endoscopic, electrocariographic
and laparoscopic equipment as per safety protocol.
H:
M:
L:
Machine positioned as per veterinarians instructions and animal appropriately restrained.
Safety protocols always followed. Contrast mediums prepared in line with veterinarian's
instructions. Films recorded and filed appropriately. Faults recognised and corrected.
Machine usually positioned as per veterinarians instructions and animal appropriately
restrained. Safety protocols always followed. Contrast mediums prepared in line with
veterinarian's instructions. Films mostly recorded and filed appropriately. Sometimes faults
recognised and corrected.
Machine rarely positioned as per veterinarians instructions and animal sometimes
inappropriately restrained. Safety protocols mostly followed. Contrast mediums rarely
prepared in line with veterinarian's instructions. Films rarely recorded and filed
appropriately.
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4.
Pathology Support
15
Samples taken, processed, stored and labelled in line with practice policy.
H:
M:
L:
5.
Results are always received, recorded and reported to veterinarian in line with practice
protocols.
Results are usually received, recorded and reported to veterinarian in line with practice
protocols.
Results are rarely received, recorded and reported to veterinarian in line with practice
protocols.
Patient and Client Greeting
10
Welcomes patients. Accompanies patients and owners into treatment rooms.
H:
M:
L:
Greets patient by name; smiles; conveys warmth; compliments patient or shows some form
of interest in patient and client; results in relaxing patient; meets practice protocol - all the
time.
Polite; cordial; no warmth or empathy shown; always meets practice protocol.
Occasionally brusque; doesn't always meet practice protocol.
6.
Safety
10
Hazardous substances are identified, stored, decanted, packaged, transported, handled and
disposed of as per the practice protocol.
H:
M:
L:
7.
Hazardous substances are always handled in an appropriate manner. Records are always up
to date. Emergencies are recognised and reported to manager immediately.
Hazardous substances are always handled in an appropriate manner. Records are mostly up
to date. Emergencies are recognised and reported to manager immediately.
Hazardous substances sometimes handled in an inappropriate manner. Records are rarely
up to date. Emergencies are not recognised or reported.
Sterilisation
10
Cleans and sterilises examination tables and equipment. Prepares theatre for use including
instrument selection.
H:
M:
L:
Sterilisation of examination tables and equipment always completed in a timely manner.
Theatre is always ready for use.
Sterilisation of examination tables and equipment mostly completed in a timely manner and
well in advance of need. Theatre ready for immediate use on most occasions.
Completes sterilisation and set-up procedures 'just in time'.
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%
8.
Verbal Skills
10
Answering client inquiries about treatment or animal's progress.
H:
M:
L:
Is able to confidently and competently answer clients questions; this competency requires
judgement to correctly identify questions that should be answered only by a veterinarian.
Routinely verbally reassures clients during treatment of their animals without veterinarian
prompting or instruction
Cannot answer questions or inappropriately enters into discussion with client providing
inaccurate, wrong or excessive information; gossiping.
B. Personal competencies
IW
%
1.
15
Accepts Direction
Accepts the employer’s direction and recommendations for professional
behaviour within the practice.
H:
M:
L:
2.
Has quality dialogue/discussion with the employer about practice treatment philosophy,
addressing concerns in order to revise and rectify the practical application of the philosophy.
Also, will always accept employer’s suggestions with good grace and will implement agreedupon suggestions without taking offence.
May demonstrate some reluctance when entering into a discussion with the employer about
implementing the practice philosophy; however, will always
accept the employer’s request for change with good grace and will implement agreed-upon
suggestions without taking offence.
Can take offence during and after discussions; doesn’t always apply or
implement the agreed-upon suggestions without taking offence; resents
interference in any area of professional behaviour.
Empathetic
15
The ability to perceive and understand the feelings of others.
H:
M:
L:
Genuinely respects the feelings of others and will show flexibility in
trying to accommodate them - at every opportunity.
Is aware of the feelings of others and attempts to accommodate them when possible - but
occasionally is not able to.
Does not show a high degree of compassion or flexibility to accommodate problems or
concerns of other people.
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3.
Accuracy and Eye for Detail
15
Demonstrates a concern for accuracy at every stage and in every aspect of a task. Being able
to attend to all requirements of a task and implement processes of checking and follow-up.
H:
M:
L:
Acute eye for detail. Never misses a detail. Recommends improvements to practice
procedures as a result of a keen awareness to tighten-up loose procedures.
Only on rare occasions does a small mistake in the detail slip through.
Regular examples of mistakes and omissions
4.
Handles Pressure and Stress
15
The ability to continue to perform well under pressure or in stressful circumstances.
H:
M:
L:
Never flusters - even under intense pressure. Always in control and aware of priorities.
Rarely flusters. Maintains control most of the time.
Regularly flusters and loses control of stressful situations.
5.
Initiative
10
An ability to take action when enterprise is required. Actively seeking out opportunities to
make extra contributions to benefit the practice.
H:
M:
L:
6.
Always takes action to get the job done. Regularly presents opportunities
to improve activities beyond manager's expectations.
Can demonstrate occasional examples of going beyond position
expectations and standards.
On rare occasions or perhaps never - has demonstrated examples of providing extra
contribution.
Listening Skills
10
The ability to give close attention to someone.
H:
M:
L:
Shows genuine interest in what other person is saying and as a result, listens well and
remembers the details.
Recognises that listening is important and will always attempt to listen carefully but
occasionally, details do not ‘sink in’.
Appears to ‘go in one ear and out the other’.
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7.
Sense of Urgency
10
An appreciation of priorities and the ability to perceive the relative importance of individual
tasks and to act on these with appropriate speed and urgency.
H:
L:
An appreciation of priorities and the ability to perceive the relative importance of individual
tasks and to act on these with appropriate speed and urgency.
Regularly demonstrates a need to achieve deadlines. Always diplomatic and aware of the
practice’s processes and policies - but still gets things done.
Works at their own speed.
8.
Work Ethic
M:
10
An attitude that when at work - you are focussed on your work and not easily distracted. In
addition, prepared to put in extra hours - as and when required either early in the morning
or after work. Preparedness to put in extra effort.
H:
M:
L:
Is always punctual. Rarely runs late in the morning. Regularly puts in extra
hours when required - without being asked to.
As per High anchor, however, is prepared to put in extra hours - only when asked to.
Occasionally runs late in the morning. At finishing time, has a ‘drop everything’ attitude irrespective of work that needs to be completed before the end of the day. Reluctantly
works outside of normal working hours. Does so under sufferance.
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A.3
Receptionist/Practice Manager
SUMMARY TABLE
TECHNICAL COMPETENCIES
1. Answering the phone
2. Greeting patients/visitors
3. Appointment book
management
4. Bookkeeping
5. Recall system
6. Stock control & management
7. Rostering
8. Mail
9. Patient dismissal/exit
10. Filing & record management
11. Banking & petty cash
12. Correspondence
13. Practice statistics
14. Credit management
15. IT management
16. Periodic maintenance
17. Keeping reception tidy
IW
%
10
10
10
10
5
5
5
5
5
5
5
5
4
4
4
4
4
---100
PERSONAL COMPETENCIES
1. People management skills
2. Accuracy / eye-for-detail
3. Handles pressure & stress
4. Teamwork
5. Initiative
6. Sense of urgency
7. Tact & diplomacy
8. Empathetic
9. Flexibility to cope with change
10. Work ethic
IW
%
14
14
14
14
10
10
10
5
5
4
----100
NOTE: This is Job Description has been designed to capture the activities of both a Receptionist and
a Practice Manager. Some larger practices may separate the functions; some smaller
practices may combine them. It does, however reflect best practice. It is recognised that
not all the attached competencies are going to be relevant for your practice. We encourage
you to amend it accordingly to meet your practice’s precise needs.
CHECKLIST:






Have you reviewed the position content items? Have you identified and captured the
competencies required for successful performance in the position - for your practice?
Have you reviewed the performance standards? Do they reflect the levels of performance
required in your practice?
Have you reviewed the importance weightings?
Avoid discriminatory language
Before either the:
- job interview, or
- staff appraisal
familiarise yourself thoroughly with all available information regarding the
applicant/employee
Prepare the questions you will ask and points you wish to raise
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JOB DESCRIPTION
FOR THE POSITION OF
RECEPTIONIST/PRACTICE MANAGER
Position Analysts:
Current person in the role:
Sign off:
___________________________________
___________________________________
___________________________________
A.
Technical competencies
IW
%
1.
Answering the phone
10
Responsible for answering the phone in order to:
- Make appointments
- Non-patient enquiries
- Attend to patient enquiries re accounts, etc.
- Messages
H:
M:
L:
2.
Promptly answers phone; smiles during initial greeting, conveys warmth;
always polite & courteous; always meets established practice protocols
& copes with simultaneous periods of high telephone activity and high
‘live’ personal interactions
Always meets established practice protocols; occasionally does not cope
with simultaneous periods of high telephone activity and high ‘live’ personal
interactions
Can be abrupt or brusque with people on the phone; regularly ignores
practice protocol
Greeting patients/visitors
10
Welcome patients/visitors as they enter the veterinary practice
H:
M:
L:
Greets patient by name; smiles; conveys warmth; compliments patient or
shows some form of interest in patient; results in relaxing patient; meets
practice protocol - all the time
Polite; cordial; no warmth or empathy shown; always meets practice
protocol
Occasionally brusque; doesn’t always meet practice protocol
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3.
Appointment book management
Responsible for ensuring there are no appointment gaps and that
patients turn up for appointments:
- Making appointments
- Filling appointment gaps
- Amending appointments
- Confirm appointments
- Cancelling appointments
- Courtesy calls
- Supervisory function/ensure
accuracy/quality control
- Ensure calls are appropriate length
- Discourages client from cancelling appointment at short notice
There are two alternative choices for anchors for this competency - depending on
your practice protocol:
H:
M:
L:
Never has appointment ‘gaps’
Day is usually full - only 10% of day has gaps
More than 10% of day has gaps
H:
M:
L:
Always meets daily practice revenue target
Achieves revenue target at least 80% of the time
Achieves revenue target less than 80% of the time
4.
Bookkeeping
10
Responsible for maintaining the financial records of the practice, including:
- drawing cheques
- payment processing (non-appointments & mail)
- wages/payroll - time sheets, tax, superannuation
- monthly bank reconciliation
- preparation of accounts to trial balance
H:
M:
L:
Monthly accounts preparation finished within 2 weeks of month-end.
Always accurate
Monthly accounts preparation finished within 4 weeks of month-end.
Always accurate
Monthly accounts preparation finished more than 4 weeks after
month-end. Always accurate
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5.
Recall system
5
Responsible for managing the practice’s recall system. Set up and
manage one of two practice protocols:
a.
Forward booking & confirmation, or
b.
Forward contact:
i.
Active - contact by direct telephone call
ii.
Passive - contact by letter
H:
L:
100% of clients are contacted at the appropriate time & at least 80%
make an appointment. The balance of 20% who didn’t make an
appointment are all recontacted shortly thereafter.
100% of clients are contacted at the appropriate time & at least 80%
make an appointment. The balance of 20% who didn’t make an
appointment are not necessarily all followed up.
Less than 100% of clients are contacted at the appropriate time
6.
Stock control and management
M:
5
Responsible for the practice’s ordering system so as to ensure that the
practice never runs out of veterinary supplies and consumables.
H:
M:
L:
Knows:
- who to order from
- what to order
- when to order - taking into account delivery time
- how much to pay ie price awareness
- verifies stock received
Never runs out of stock
Never understocked
Doesn’t over-order
As per ‘High’ anchor, except that incumbent is not always ‘price aware’ and occasionally
over-orders.
Occasionally runs out of supplies and consumables
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7.
Rostering
5
Ensures that the practice labour supply is effectively managed so that
staffing levels are productively utilised.
H:
M:
L:
Support staff always there when Veterinary Surgeon is. Support staff are not there
when Veterinary Surgeon is not there. Structures staff rostering so that it is
unnecessary to pay overtime.
Over/under staffing regularly occurs
8.
Mail
5
Opens up mail, sorts through and deals with in an appropriate manner.
H:
M:
L:
Sorts mail appropriately and distributes within 1 hour of receipt
Sorts mail appropriately and distributes within 2 hours of receipt
Sorts mail appropriately and distributes by close of business
9.
Patient dismissal/exit
5
Once patient’s consultation is complete, organises next appointment with client
(if appropriate) and secures payment
H:
M:
L:
Warm & friendly; always meets practice protocol
Always meets practice protocol
Doesn’t always meet practice protocol
10.
Filing & record management
5
Manages the assembling of patient’s records, the filing of patient records
and correspondence
H:
M:
L:
Patient’s files are assembled by close of business the day before and filed
away within 1 working day. Records are purged/culled annually.
Patient’s files are assembled by the time the client arrives and filed away
within 3 working days.
Patient’s files are sometimes not assembled by the time the client arrives
and filed away within 5 working days. Occasional mis-file.
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11.
Banking & petty cash
5
Responsible for ensuring the banking of cash receipts and other payments
as well as the maintaining the petty cash float and records.
H:
M:
L:
Regularly and accurately performed according to practice protocol.
Banking performed irregularly. Commonly not accurate. Petty cash float
rarely reconciled. Receipts not kept.
12.
Correspondence
5
Processes referral letters and other practice correspondence
H:
M:
L:
Processed accurately and completed within 24 hours of receipt from
Veterinary Surgeon
Occasionally inaccurate and late
13.
Practice statistics
4
Ensure fees are invoiced accurately. Prepare and check:
- fees to activity
- fees allocated to correct patient/client
- fees to provider
H:
M:
L:
Done daily
Done weekly
Not done on a regular basis
14.
Credit management
4
Responsible for the management of debtors by following up outstanding
debts and ensuring collection.
H:
M:
L:
Follow up within 1 week of date service provided
Follow up after 2 weeks of date service provided
Follow up after 3 weeks or later of date service provided
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15.
IT management
4
Manages patients accounts and performs regular backups
H:
M:
L:
Meets practice protocols
Doesn’t meet practice protocols
16.
Periodic maintenance
4
Ensures that equipment and facilities are adequately maintained
H:
M:
L:
Establishes maintenance log systems and always adheres to the system
Acts on a ‘crisis management’ philosophy
17.
Keeping reception tidy
4
Regularly cleans and tidy’s the reception area
H:
M:
L:
Reception is always clean & tidy. Reading material is always up-to-date
Reception is mostly clean & tidy. Occasionally untidy
Regularly untidy. Reading material is out-of-date
B.
Personal competencies
IW
%
1.
People management skills
14
The ability to interact appropriately and successfully with people of all
different types and at different levels.
H:
M:
L:
Interacts well with all people in all situations
Interacts competently with most people in most situations
Takes time in getting to know people. Initially uncomfortable. Can’t
AVApt their own personal style
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2.
IW
%
14
Accuracy/eye-for-detail
Demonstrates a concern for accuracy at every stage and in every aspect
of a task. Being able to attend to all requirements of a task and implement
processes of checking and follow-up.
H:
M:
L:
Acute eye for detail. Never misses a detail. Recommends improvements to
practice procedures as a result of a keen awareness to tighten-up loose
procedures
Only on rare occasions does a small mistake in the detail slip through.
Regular examples of mistakes and omissions
3.
Handles pressure and stress
14
The ability to continue to perform well under pressure or in stressful
circumstances
H:
M:
L:
Never flusters - even under intense pressure. Always in control and aware
of priorities
Rarely flusters. Maintains control most of the time
Regularly flusters and loses control of stressful situations
4.
Teamwork
14
The ability to work with other people towards a common goal. To establish
effective collaborative relationships with other people in the practice.
H:
M:
L:
Actively promotes strong team spirit. Instigates initiatives.
Passively supports teamwork. Goes along and supports everything.
Works against team goals. Undermines team focus
5.
Initiative
10
An ability to take action when enterprise is required. Actively seeking out opportunities to
make extra contributions to benefit the practice.
H:
M:
L:
Always takes action to get the job done. Regularly presents opportunities
to improve activities beyond the Veterinary Surgeon’s expectations.
Can demonstrate occasional examples of going beyond position
expectations and standards.
On rare occasions or perhaps never - has demonstrated examples of
providing extra contribution
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6.
Sense of urgency
An appreciation of priorities and the ability to perceive the relative
importance of individual tasks and to act on these with appropriate
speed and urgency.
H:
Regularly demonstrates a need to achieve deadlines. Always diplomatic
and aware of the practice’s processes and policies - but still gets things
done.
Pushes work through quickly even under pressure. Can occasionally
‘step on toes’
Works at their own speed.
M:
L:
7.
Tact and diplomacy
Skill in dealing appropriately with different social exchanges, particularly in
difficult or embarrassing situations.
H:
Sensitive to the needs of the opposite party. Acutely aware not to offend but balanced by the ability to push/defend their own case
As above - but may not be assertive enough to represent their own case
Can offend people.
M:
L:
8.
Empathetic
The ability to perceive and understand the feelings of others
H:
Genuinely respects the feelings of others and will show flexibility in
trying to accommodate them - at every opportunity
Is aware of the feelings of others and attempts to accommodate them
when possible - but occasionally is not able to.
Does not show a high degree of compassion or flexibility to accommodate
problems or concerns of other people.
M:
L:
9.
Flexibility to cope with change
Not rigid; supports change and is able to adjust to changes in the practice
H:
Embraces change. Enjoys and finds stimulating the challenge of change.
Respects the fact that change happens and not only actively supports it but drives it!
Embraces change. Enjoys and finds stimulating the challenge of change.
Respects the fact that change happens and actively supports it. Does not
drive change.
Unable to come to terms with changes in the practice
M:
L:
10
10
5
5
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10.
Work ethic
4
An attitude that when at work - you are focussed on your work and not
easily distracted. In addition, prepared to put in extra hours - as and when
required either early in the morning or after work. Preparedness to put in
extra effort.
H:
M:
L:
Is always punctual. Rarely runs late in the morning. Regularly puts in extra
hours when required - without being asked to.
As per High anchor, however, is prepared to put in extra hours - only
when asked to.
Occasionally runs late in the morning. At finishing time, has a
‘drop everything’ attitude - irrespective of work that needs to be
completed before the end of the day. Reluctantly works outside of
normal working hours. Does so under sufferance.
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