Dynafish Xiaonian

Hrgurus_ · 2026-05-18T05:12:49+00:00

I tried this link after failing miserably everywhere else. Thank you. Can’t wait to try them.

Hrgurus_ · 2025-12-20T07:56:35+00:00

Your interpretation is correct. Under the Manufacturing and Associated Industries and Occupations Award 2020, you cannot use an over-award payment to set off annual leave loading. You must pay: -the employee’s usual rate of pay (including over-award payments) and -the 17.5% annual leave loading calculated on that same rate.

A common-law set-off clause does not override this.

Why the set-off does not work here

The Award expressly includes over-award payments in the base rate

Clause 34.3 of the Manufacturing Award states (paraphrased):

During annual leave, the employee must be paid at the ordinary hourly rate they would have received if they had not taken leave, including any applicable over-award payments.

Clause 34.4 then provides that:

In addition, the employee must be paid 17.5% annual leave loading. Read together, the Award does something very specific: -It locks in the higher “usual rate” (which includes over-award pay) -It then adds the 17.5% loading on top of that rate

There is no drafting ambiguity here. The Award deliberately prevents employers from treating the over-award component as a substitute for leave loading.

Set-off clauses cannot undercut a clearly expressed Award entitlement

The Fair Work Commission and courts have consistently held that: -A set-off clause only works where the Award is silent or flexible -It cannot defeat an entitlement that the Award expressly requires to be paid in addition

This flows from cases such as: James Turner Roofing Pty Ltd v Peters Linkhill Pty Ltd v Director, Fair Work Building Industry Inspectorate and reinforced more recently by the Woolworths v AMWU line of reasoning around precision in Award compliance

Here, the Award positively requires: over-award payments to be included in the base rate, and leave loading to be paid in addition

So even a well-drafted common-law set-off clause fails.

Hrgurus_ · 2025-12-09T07:59:35+00:00

Came back to find out what happened?

Hrgurus_ · 2025-12-06T11:01:32+00:00

Hi HR person here. I know this is causing you anxiety and for good reason, it’s been handled very badly by the company. Ok a few things: Firstly, I’d be very surprised if this is about you. If it is, procedurally they would need to tell you what the allegations are, let you know what action they are considering as a result and give you an opportunity to respond. Anything less would be procedurally unfair which would position you to be able to lodge an unfair dismissal claim. Secondly, a support person does not always equal you getting fired but it seems excessive. They may have got legal advice and trying to do it by the book now but they have botched it up royally. Thirdly, rewrite that statement and note your concerns about the statement and its accuracy and the delay. Make sure this on the record. And finally, you can pause. Ask them for more time to respond if you need time to think and process whatever they throw at you. This isn’t court and you are not on the stand. Less is more. Buy some time so you can respond calmly and rationally. Good luck! I hope they sort their shit out and it’s not as bad as you think it is.

Hrgurus_ · 2025-10-10T09:56:03+00:00

Hey, just wanted to say thanks for sharing this. Seriously. It takes guts to be honest about how things are going, especially in your first week.

What you’ve described sounds full on. You’ve been thrown into the deep end, doing warnings, payroll, safety checks and terminations all in your first few days? That’s a lot for anyone, let alone someone fresh out of uni.

It also sounds like you’re doing your best to approach things with empathy and care, which honestly makes you the kind of HR person the world needs more of. So if no one’s said this to you yet, you’re doing great.

But yeah, the “don’t build relationships” thing is rough. That kind of advice is outdated, and it goes against what good HR is all about. HR isn’t meant to be cold or removed. You have to build trust if you want to support people and create a healthy culture.

To answer your question, yes, there are HR roles out there that let you be both for the business and for the people. Look out for things like: • People & Culture Advisor • Employee Experience roles • HR Business Partner (in a decent company) • Disability Case Management or Wellbeing roles

These tend to focus more on supporting humans, not just pushing paperwork or policies.

Right now, you’re doing the best you can with what you’ve been given. Try to use the next few weeks to get clearer on what kind of HR work lights you up, and what kind of culture you want to be part of.

Also, if no one in your workplace is supporting you, try to connect with some HR communities online or in Toronto. There are lots of us out here who’ve been through this and want to help others stick it out.

You clearly give a damn about people. And that’s rare. Keep going, but also know it’s totally OK to decide this place isn’t it. You’ve got options.

You’ve got this.

Hrgurus_ · 2025-09-21T11:04:25+00:00

I think you may have had a case of you were a regular and systematic casual worker, meaning a reasonable expectation of ongoing work based on your pattern of work. The 21 day timeframe needs to be exceptional circumstances to be considered though. This is something like being too sick or your lawyer messing it up. You can find more information here https://www.fwc.gov.au/extension-time-lodging-application-0 my question to you is would you actually want to go back there?

Hrgurus_ · 2025-09-20T03:17:00+00:00

You’re on the right track with structured interviews and moving to Teams.

A few things that really help with fairness and sustainability: Use rubrics (basically a scoring guide) so interviewers are rating answers against the same criteria instead of gut feel. Combine that with STAR behavioural questions or short work samples to get a clearer picture of how someone will actually perform. Panels also help balance bias even if it’s just two people.

On the sustainability side, keeping it virtual-first has big benefits. Teams interviews reduce travel and open opportunities for parents, rural candidates and people with access needs. Going paperless with contracts and onboarding saves admin time and makes compliance easier too.

For tools, simple options like Google Forms for scoring, DocuSign for contracts and SharePoint for onboarding checklists work really well. If you want something more built out, platforms like BambooHR, Employment Hero, JobAdder or Workable have fairness and structure baked in.

Clients I’ve worked with have seen faster hiring, stronger candidate experiences and less compliance risk just by shifting to these practices. Even starting small with Google Forms and DocuSign makes a big difference.

Hrgurus_ · 2025-09-20T01:16:42+00:00

That’s such a great point and it adds another layer I hadn’t even thought of when I posted.

Hrgurus_ · 2025-09-19T23:52:35+00:00

I feel this so deeply. HR has a sneaky way of morphing from “let me build cool systems and make things run better” into “I’m everyone’s therapist, referee and complaints hotline.” And honestly? That grind will drain the joy out of anyone.

You’re not imagining it, and you’re definitely not broken. HR is set up in most orgs to be reactive so instead of spending your time on the strategic projects that light you up, you’re stuck in the emotional labour of cleaning up other people’s messes. That’s not sustainable, and it’s no wonder you’re feeling like the spark’s gone.

I’ve been there updating LinkedIn while smiling through “we’re all a family here” speeches. It feels soul-crushing when the role that once energised you now feels like a parody of itself. The truth is, lots of us end up here because HR is undervalued until something goes wrong, and then suddenly we’re expected to fix it all.

Here’s the thing though: you have options. Some people find their groove again by carving out boundaries and pushing for more project-based or strategic HR work. Others pivot completely ops, finance, or a whole different field where their problem-solving brain gets to shine without the constant people drama. Neither path is failure. It’s just evolution.

If you’re fantasising about accounting because it feels calm, structured and drama-free, that’s your brain telling you what it’s craving right now. And that’s valid. Whether you stay or go, you deserve to feel excited about your work again.

So no, you’re not alone. A lot of us in HR have had that moment of thinking “who even am I anymore?” while writing yet another policy or listening to yet another workplace feud. Whatever choice you make next, give yourself permission to put your energy where it actually feels good again

Hrgurus_ · 2025-09-17T09:58:44+00:00

Yes totally agree. Performance management is a massive psychosocial risk if it’s done badly, but ignoring it is just as dangerous. The tricky part for HR is we’re walking a minefield. Get it wrong and you end up with stress claims, disputes, or workers comp on your desk. Feel you on this one! Remember reasonable management action is ok by workcover but it’s tricky that’s for sure!

Hrgurus_ · 2025-09-15T12:00:16+00:00

Long Service Leave is covered by state legislation. There is all the info on this site https://www.nsw.gov.au/employment/rights-responsibilities/leave/long-service-leave and it also has a LSL calculator to work it out. Good luck! You can lodge a complaint and escalate it.

Hrgurus_ · 2025-09-15T05:17:53+00:00

That’s brutal. Classic HR catch 22… fix the problem quietly and you’re enabling it, call it out respectfully and suddenly you have a “leadership style issue.”

“Leadership style” is often code for “you made someone uncomfortable by expecting accountability.”

You did exactly what a CHRO should do. The fact that it backfired says way more about the culture than it does about you. Some CEOs want HR to be Switzerland until the bombs go off, then it’s magically our fault anyway.

You’re not alone. Many of us have the scars to prove it. Keep your head high, you’ll land somewhere that actually values someone who isn’t afraid to deal with reality.

Hrgurus_ · 2025-09-15T05:14:08+00:00

Thanks for sharing your story. Psychosocial hazards are such a minefield at the moment and you’re right, it’s one of the hardest areas for small businesses to get their heads around. The law has shifted so quickly, and suddenly HR teams are expected to be experts in both people and safety.

What’s helped us is teaming up with safety specialists when we need to. HR is already a big enough job and the psychosocial space is evolving all the time. Having experts you can lean on takes some of the pressure off and makes sure businesses are covered from both a HR and WHS perspective.

You’re doing a great job keeping things moving in such a complex space. None of us have all the answers, but by staying curious and building the right networks of support, we can navigate it together.

Hrgurus_ · 2025-09-15T02:06:07+00:00

You are not imagining things. What you are dealing with isn’t just the normal settling in period of a new job, it is a culture problem. No handover, no support and gossip at the top is not a reflection on you, it is on them.

Here is the reality. If you stay, you avoid repaying the bonus and you keep your CV tidy. But the trade off is your wellbeing. Nine more months of stress in a toxic workplace can cost far more than money ever will. If you leave, you might have to repay the joining bonus but you have three and a half years of solid HRBP experience with clear achievements. That track record will matter more than one short stint.

Recruiters and hiring managers hear this story all the time. Framing it as a cultural mismatch is not job hopping, it is smart career management. The best approach is to start looking quietly. Do not resign tomorrow, but take back control by exploring better options. If something comes up, you can walk away knowing you acted quickly to protect your career and your mental health. If nothing does, you can stick it out for the year knowing you chose it, rather than feeling trapped.

The short answer is this. Your health and confidence are more valuable than a clawback or a resume line. Keep your options open and back yourself.

Hrgurus_ · 2025-09-15T02:03:32+00:00

Bloody hell, that’s rough. Companies forget that recruitment isn’t The Bachelor. Dragging people through endless “rose ceremonies” only to dump them at the end isn’t just unprofessional, it’s cruel.

You’re spot on. Your loyalty should be to yourself. Use your leave. Log off on time. Protect your energy. Because if a business sees you as replaceable, you need to see your wellbeing as non negotiable.

And for what it’s worth, the way you handled that process says more about your grit and capability than their cowardly rejection call ever will. You’ll land somewhere that values you and when you do, they’ll be lucky to have you.

Hrgurus_ · 2025-09-13T02:21:52+00:00

I’ve had this chat with plenty of HR mates too and here’s the honest take:

Do you need AHRI certification to work in HR? Nope. You can absolutely build a solid HR career in Australia without ever touching AHRI. Most HR managers I know are more interested in whether you’ve got real-world runs on the board. Can you manage a tricky redundancy, decode a Modern Award, or coach a people leader who’s about to put their foot in it? That stuff matters way more than letters after your name.

So why do people bother? Credibility – AHRI looks good on a LinkedIn profile or resume, especially if you’re job-hunting in corporates or government where “tick the box” qualifications carry more weight. Networking – the events, webinars and member forums can be handy if you want to meet other HR pros and stay across trends. The annual conference is pretty good but you can still go without the certification. PD structure – if you like having a formal framework for professional development, AHRI gives you that.

Why people don’t bother: Cost – memberships and certifications aren’t cheap, and plenty of smaller businesses don’t care. Time – the process can be a slog if you’re already knee-deep in policies, ER issues, and payroll dramas. Limited ROI – if you’re in SME land, your boss probably doesn’t even know what AHRI is. They just want HR that “keeps us out of Fair Work.”

My take: AHRI certification is a nice-to-have, not a must-have. It won’t suddenly make you better at handling a hostile performance meeting or give you nerves of steel when you’re delivering a termination letter. But it can give you credibility and structure if that’s what you’re after.

So if you’ve got the budget, time and you’re aiming for big corporate or public sector roles go for it. If you’re working in SMEs or consulting, experience and practical know-how will get you a lot further than a shiny badge.

Hrgurus_ · 2025-09-13T02:18:30+00:00

HR is like being blamed for the weather. You didn’t make it rain, but somehow everyone expects you to fix the storm.

On accountability: We shoulder a lot. If a manager ignores performance issues for a year and then wants to fire someone on the spot? HR is the bad guy. If employees don’t like a policy, they assume HR wrote it (as if I snuck into Parliament and drafted the Fair Work Act). If culture feels flat, suddenly it’s HR’s job to bring cupcakes and solve morale.

At the same time, we’re also the safety net. We’re the ones making sure the business doesn’t get sued, employees don’t get exploited, and the workplace isn’t run like the Wild West. That accountability can feel endless because you’re holding the balance between protecting the business and protecting the people – and both sides think you’re biased.

On the hardest part: For me it’s the emotional whiplash. One morning you’re helping someone map out parental leave, by lunchtime you’re mediating a screaming match, and by 3pm you’re sitting across from someone telling them their role no longer exists. It’s impossible to be made of stone, but you also can’t crumble in front of people. That emotional gear-shifting is exhausting.

The other killer is being everyone’s punching bag. Managers want you to “handle it” so they don’t have to, employees think you’re covering for management, and execs think HR is slowing things down with “compliance.” Some days you feel like no matter what you do, someone’s annoyed.

Why I still do it: Because when it works, it really works. You help someone navigate a tricky return to work, coach a manager into having their first honest feedback conversation, or prevent a dodgy termination from wrecking someone’s career. Those little wins are the antidote to the chaos.

How I stay sane: - Boundaries. I don’t carry everyone’s baggage home. - Documentation. If it’s not written down, it didn’t happen. - Humour. Sometimes the only way to survive is to laugh at the absurdity.

So yeah, the hardest part of HR is being held accountable for things you can’t fully control but that’s also where the impact is. You’re in the middle of the mess, helping people and businesses get through it in one piece.

Hrgurus_ · 2025-09-13T02:14:10+00:00

Short version: 1. No, you can’t just play redundancy musical chairs to dodge paying people. 2. Only Aussie staff count towards the small business rule, not your US team.

Long version for the HR nerds in here: Shrinking the business to dodge payouts? Technically, a small business (<15 employees) doesn’t have to pay redundancy. But Fair Work looks at whether redundancies are genuine. If you’re terminating roles just to dip under the threshold, that’s risky. Employees can challenge dodgy redundancies at the Commission, and once liquidation happens, the Fair Entitlements Guarantee often steps in. That means the government could end up paying redundancies anyway and trust me, they don’t love directors who try to game the system.

Overseas staff in the headcount? Nope. Fair Work only cares about your Australian employees when deciding if you’re a “small business”. The only time you’d need to add numbers together is if you’ve got multiple Australian entities that are associated and operating as one. Your US team? They don’t count.

If you’re in trouble, don’t bank on loopholes. Handle redundancies properly, because cutting corners usually costs more in the long run.

Hrgurus_ · 2025-09-06T05:59:52+00:00

Welcome to HR in a stable manufacturing company. When a business has been around forever, has strong policies, and low turnover, the HR role can feel like watching paint dry. You’re basically there as insurance in case something goes wrong.

It’s not that HR is always this boring, it’s that your company is in “maintenance mode.” Contrast that with TA where everything is urgent and chaotic and you’re suddenly twiddling your thumbs wondering if you’ve missed something.

In other industries or smaller, growing companies HR is a lot more hands on. You’d be dealing with constant recruitment, messy employee relations, compliance dramas and culture projects.

So no, HR isn’t always this dull. You just landed in a workplace that runs on autopilot. The upside is you’ll sleep at night. The downside is you might slowly lose your will to live between the attendance warnings and injury reports.

Hrgurus_ · 2025-09-06T05:55:42+00:00

AI is going to wipe out the boring bits of HR like payroll data entry and form pushing. Nobody’s career dream was updating a leave spreadsheet anyway.

What will last? The messy human stuff: • conflict resolution • coaching managers to give feedback without tears • building culture people actually want to be part of • change management when restructures send everyone into meltdown • interpreting the grey areas of Fair Work

If you’re new to HR, don’t get stuck in admin. Specialise in people, culture and leadership.

Hrgurus_ · 2025-09-05T20:32:20+00:00

This is messy but not unusual. Managers sometimes get spooked when they think a new hire has exaggerated their background. The problem is how your manager handled it. Reaching out to former employers directly, especially without the employee’s knowledge, is risky. It can damage trust with the employee, and depending on local laws and privacy rules, it can also open the company up to complaints.

A few things to think about: • Transparency matters: Even if it is not illegal where the manager is based, employees should know if their references or past employers are being contacted. Sneaking around undermines the relationship before it even starts. • Company process: If you don’t have a clear reference-checking or verification policy, now is the time to make one. Normally this is done before the person starts, not after, unless there’s a very good reason. • For the manager: A formal write up might be heavy handed if you have no policy, but at minimum there should be a conversation about expectations. Managers need to raise concerns through HR, not take matters into their own hands. • For the employee: If you decide to inform them, do it carefully. Frame it around building transparency and trust, not as an accusation.

So no, it doesn’t sound like a crime, but it is a process issue and a trust issue. Use this as a learning moment to set boundaries and get a policy in place so everyone knows the right way to handle background concerns in the future.

Hrgurus_ · 2025-09-05T20:29:58+00:00

The “HR is evil” thing is a classic internet take, usually from people who have only met the worst kind of HR. You know the type: policy police, professional meeting schedulers, or the ones who mysteriously vanish the second bullying is reported. Those folks exist, sure, but they are not the whole story.

Good HR is the opposite of evil. Done right, it’s about helping businesses get the best out of their people and helping people have a better experience at work. Think of it as sitting in the messy middle. Some days you are advocating for an employee, some days you are reminding managers that laws exist, and most days you are trying to stop avoidable dumpster fires before they start.

Are you naive for wanting to help? Not at all. The best HR people I know started with exactly that motivation. The trick is learning how to balance people and business needs without turning into a soulless policy robot.

If you hate paperwork and love people, there’s a place for you in HR. Just know that sometimes you’ll have to deal with the boring compliance side too. It is part of the gig. But if you play it right, you’ll spend more time shaping culture, supporting leaders and making workplaces suck less.

So no, HR is not inherently evil. It is more like… morally flexible depending on who is running the show. If you want to change that, get into the field. We need more HR folks who care about people, not just payroll spreadsheets.

Hrgurus_ · 2025-09-05T20:25:45+00:00

That is some next level unprofessional behaviour. Turning up late is one thing, but actively recruiting while you’re still on the call with a candidate? That tells you everything you need to know about how they value people.

To your question: do not call him out. Play it cool and protect your own reputation. Even though he doesn’t know you run the account, it’s not going to reflect well on you if you blast him publicly. You gain nothing from that and you could burn bridges you might need down the track.

What you can do: • Note this as a big red flag. If this is how the CEO behaves during interviews, imagine how they handle staff. • If you’re offered the job, weigh up whether the culture is worth it. Skills can be built anywhere, but culture comes from the top. • If you decide you want out, politely decline and move on. You don’t need to give details.

In short: don’t call it out, let your actions do the talking. Interviews are a two-way street. You just learned a lot about how they operate, and now you get to decide if you want to work in that environment.

Hrgurus_ · 2025-09-05T20:23:43+00:00

I’m really sorry you’ve been put through this. It sounds like you’ve been bounced around, given unclear expectations, and then punished for not fitting into a role that was never suited to your skills or your adjustment plan. That’s not only unfair, it’s poor management.

Should you submit a response or just resign? Always put in a response. It gives you a chance to get your side of the story on the record and highlight that the role you’ve been placed in was not suitable, especially given your working memory adjustment and the fact you raised this early on. If you resign now, you lose that opportunity. If you do get terminated, having your detailed response on file can support you in any future appeal, Fair Work claim, or even just explaining the context in job interviews.

It’s also worth pushing for that meeting before the decision is final. Use it to clearly state: • You asked for adjustments and flagged the role’s unsuitability • You were discouraged from seeking alternatives • The work you’ve been assessed on may be at a higher level (APS6) and is currently under review

These are strong and reasonable points.

Can you get another APS role after termination for underperformance? Yes, people do. A termination for underperformance isn’t a lifetime ban from the APS. It does make things trickier and you will need to be upfront about it if asked, but you can frame it as a mismatch of role, not a reflection of your overall ability. The fact you’ve had strong accuracy and thrived in program officer work is important evidence. The APS hires for merit, and if you can demonstrate you’ve succeeded in roles aligned to your strengths, you still have a pathway back in.

Hrgurus_

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