Fair Use Policy
Definitions and interpretation
In the terms and conditions on this page:
• “Intellectual Property Rights” means all intellectual property rights, including copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;
• “Permitted Purpose” means the bona fide use of any provided document for genuine internal human resources purposes for you or your business solely;
• “User Documents” means all of the documents obtained from Hillen HR Pty Ltd and delivered to you via the website;
Fair Use
Without limitation to any other requirements imposed on the use of the User Documents, you must not:
• use the User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with any terms we may impose from time to time;
• use the User Documents in any way that could damage the reputation of Hillen HR Pty Ltd or the goodwill or Intellectual Property Rights of Hillen HR Pty Ltd associated with the User Documents;
• permit any third party to use the User Documents without Hillen HR Pty Ltd’s prior written consent;
• assign, sub-licence or otherwise deal in any other way with any of your rights without our prior written consent;
• disclose your password(s) to any third party;
• copy, reproduce, translate, adapt, vary or modify any User Document or create any derivative works based upon the User Documents, other than pursuant to the license granted to you under the heading “License” on this page below;
• modify or remove any copyright or proprietary notices pertaining to the User Documents; or
• engage in any conduct that, in the opinion of Hillen HR Pty Ltd at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate any content of any User Documents.
Licence
Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and continued compliance with all of the provisions of our terms of use as notified from time to time, Hillen HR Pty Ltd hereby grants to you a perpetual license to keep, use and reproduce all User Documents validly produced by you in accordance with our terms of use as notified to you from time to time provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.
No amendment or alteration is permitted to be made to the User Document (including any addition to, and/or deletion from, that User Document) without the consent of Hillen HR Pty Ltd.
Ownership of Intellectual Property Rights
You acknowledge and agree that:
• Hillen HR Pty Ltd does not transfer or assign any Intellectual Property Rights to you;
• your use of our site and/or client portal does not transfer or assign any Intellectual Property Rights to you;
• Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents, other than rights temporarily granted to you pursuant to the licence under the heading “License” on this page;
• Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents and you have no Intellectual Property Rights or any other rights in any part of the User Documents other than:
• the rights granted to you pursuant to the license under the heading “License” on this page above; and
• in respect of your own data.
• the rights granted to you pursuant to the license under the heading “License” on this page above; and
• in respect of your own data.
Consequences of Violation
Hillen HR Pty Ltd reserves all of its rights in relation to any breach of our terms, including any violation of this Fair Use Policy, including the right to seek injunctive relief and the right to sue for damages. Without limitation to those rights, if Hillen HR Pty Ltd finds that you have used the User Documents other than in accordance with our terms, Hillen HR Pty Ltd reserves the right to, without notice to you:
• limit your subscription; and/or
• suspend or terminate your subscription.
Our Latest Blog Post
Planning Employee Leave for the Year
Annual Leave Planning for the 2025 Christmas/New Year shutdown: A Guide for Australian Businesses
It’s just over 13 weeks until Christmas.
It's a good time to start planning for the Christmas/New Year period if you shutdown over that time. Determine the specific dates your business will be closed, and communicate this to your employees and clients.
Effective annual leave planning is important for a healthy and productive workplace.
As your trusted HR partner, we’ve put together a guide to help you manage annual leave proactively especially when planning for your Christmas/New Year shutdown.
Plan Ahead for the Christmas/New Year Shutdown:
If your business closes over the Christmas/ New Year period, you need to provide employees with the appropriate written notice as specified in their Award. You need to do this even if you have the information in an employment contract because you have to inform your employees of the dates each year.
It’s also wise to check if employees have enough leave to cover this period. If they don’t, you can explore options like agreeing in writing to take a period of unpaid leave or allowing them to take annual leave in advance. (Regularly checking leave balances when employees apply for leave throughout the year can be good too)
Just be sure to get a written agreement for any leave taken in advance (that puts an employee into a negative balance), outlining that they will repay the value if their employment ends before the leave is accrued. It's also important to understand that you can't force an employee to take unpaid leave, so making sure you come to a written agreement is important.
If you have an employee that is hired after the initial notice of the shutdown has been given to your team, you must give that employee notice as soon as reasonably possible (for example, it's a great idea to let them know as part of their induction, or even in the recruitment process).
Your employees are entitled to be paid for any public holidays during the shutdown period that fall on days they would normally work. This applies even if they have agreed to take a period of unpaid leave.
Why Strategic Leave Planning is Crucial for Your Business
A well-thought-out leave plan benefits both your business and your employees. Here’s why it’s essential:
Avoid Disruptions and Staffing Shortages: Last-minute leave requests can throw a spanner in the works. Planning ahead ensures you have adequate coverage, preventing disruptions to productivity and customer service.
Boost Employee Wellbeing: Regular breaks are vital for preventing burnout and keeping your team engaged and productive. Encouraging planned time off shows you value their wellbeing.
Ensure Compliance: As an employer in Australia, you have obligations under the National Employment Standards (NES) to provide annual leave. Proper planning helps you meet these requirements and ensures your payroll system accurately accrues leave entitlements.
Practical Strategies for Proactive Leave Management
Ready to take control of your leave planning? Here’s our best HR advice for 2025:
Create a Centralised Leave Calendar: A shared calendar, whether it’s a physical whiteboard or a digital tool, provides a clear overview of public holidays, peak periods, and approved leave. This helps employees choose dates that don't clash with critical business operations or when someone else is on leave.
Communicate Policies Early and Clearly: Your HR policy handbook should clearly outline leave policies, including notice periods, any restrictions during busy seasons, and the process for submitting leave requests. This transparency helps prevent misunderstandings and sets clear expectations.
Manage Peak Periods Effectively: Identify the busiest times of the year for your business and plan your staffing accordingly. For example, if you're in the retail sector, it’s best to avoid approving leave during peak holiday shopping seasons.
Be Fair and Consistent: Maintain a transparent and fair process for approving leave requests. Apply policies consistently to all employees to avoid any perception of favouritism. If your policy limits how many people can be on leave at one time, ensure it's applied fairly across the board.
Tools to Streamline Leave Management
You don’t have to manage leave manually. Here are some tools that can simplify the process:
HR and Rostering Software: Cloud-based HR and rostering systems are excellent for tracking and managing leave requests and entitlements automatically.
Spreadsheets: For smaller teams, a well-organised spreadsheet can be a simple and cost-effective way to track leave.
Whiteboard: A leave roster could be displayed in the office on a Whiteboard.
Automated Alerts: Many systems allow you to run regular reports and set up reminders for employees with high leave balances, encouraging them to book some time off.
A Quick Refresher on Annual Leave Entitlements in Australia
The National Employment Standards give details of what annual leave employees are entitled to:
Four weeks of paid annual leave per year for full-time employees.
Four weeks of paid annual leave (pro-rata) for part-time employees, based on their contracted hours.
Annual leave loading for employees covered by specific awards or enterprise agreements - your Award or Agreement will set out the entitlements.
It’s crucial to stay up-to-date with your Award conditions to ensure you remain compliant with all leave loading and Fair Work requirements.
Final Thoughts
Strategic leave planning is all about finding the right balance—ensuring your team gets the rest they need while keeping your business operating smoothly. By adopting these practices, you can create a win-win situation for both your employees and your bottom line.
If you’re struggling to manage leave or other HR challenges, My HR Partner is here to help. We specialise in simplifying people management for businesses across Australia, allowing you to focus on what you do best.
Need expert support with your HR? Contact us today to learn how we can tailor a solution for your business!
We provide HR advice and support. We have trusted partners to assist with any employment law issues
outside of our scope.
More info
Get HR Advice from our HR expert
Fair Use Policy
Definitions and interpretation
In the terms and conditions on this page:
• “Intellectual Property Rights” means all intellectual property rights, including copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;
• “Permitted Purpose” means the bona fide use of any provided document for genuine internal human resources purposes for you or your business solely;
• “User Documents” means all of the documents obtained from Hillen HR Pty Ltd and delivered to you via the website;
Fair Use
Without limitation to any other requirements imposed on the use of the User Documents, you must not:
• use the User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with any terms we may impose from time to time;
• use the User Documents in any way that could damage the reputation of Hillen HR Pty Ltd or the goodwill or Intellectual Property Rights of Hillen HR Pty Ltd associated with the User Documents;
• permit any third party to use the User Documents without Hillen HR Pty Ltd’s prior written consent;
• assign, sub-licence or otherwise deal in any other way with any of your rights without our prior written consent;
• disclose your password(s) to any third party;
• copy, reproduce, translate, adapt, vary or modify any User Document or create any derivative works based upon the User Documents, other than pursuant to the license granted to you under the heading “License” on this page below;
• modify or remove any copyright or proprietary notices pertaining to the User Documents; or
• engage in any conduct that, in the opinion of Hillen HR Pty Ltd at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate any content of any User Documents.
Licence
Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and continued compliance with all of the provisions of our terms of use as notified from time to time, Hillen HR Pty Ltd hereby grants to you a perpetual license to keep, use and reproduce all User Documents validly produced by you in accordance with our terms of use as notified to you from time to time provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.
No amendment or alteration is permitted to be made to the User Document (including any addition to, and/or deletion from, that User Document) without the consent of Hillen HR Pty Ltd.
Ownership of Intellectual Property Rights
You acknowledge and agree that:
• Hillen HR Pty Ltd does not transfer or assign any Intellectual Property Rights to you;
• your use of our site and/or client portal does not transfer or assign any Intellectual Property Rights to you;
• Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents, other than rights temporarily granted to you pursuant to the licence under the heading “License” on this page;
• Hillen HR Pty Ltd owns and retains all Intellectual Property Rights in the User Documents and you have no Intellectual Property Rights or any other rights in any part of the User Documents other than:
• the rights granted to you pursuant to the license under the heading “License” on this page above; and
• in respect of your own data.
Consequences of Violation
Hillen HR Pty Ltd reserves all of its rights in relation to any breach of our terms, including any violation of this Fair Use Policy, including the right to seek injunctive relief and the right to sue for damages. Without limitation to those rights, if Hillen HR Pty Ltd finds that you have used the User Documents other than in accordance with our terms, Hillen HR Pty Ltd reserves the right to, without notice to you:
• limit your subscription; and/or
• suspend or terminate your subscription.
Our Latest Blog Post
Planning Employee Leave for the Year
Annual Leave Planning for the 2025 Christmas/New Year shutdown: A Guide for Australian Businesses
It’s just over 13 weeks until Christmas.
It's a good time to start planning for the Christmas/New Year period if you shutdown over that time. Determine the specific dates your business will be closed, and communicate this to your employees and clients.
Effective annual leave planning is important for a healthy and productive workplace.
As your trusted HR partner, we’ve put together a guide to help you manage annual leave proactively especially when planning for your Christmas/New Year shutdown.
Plan Ahead for the Christmas/New Year Shutdown:
If your business closes over the Christmas/ New Year period, you need to provide employees with the appropriate written notice as specified in their Award. You need to do this even if you have the information in an employment contract because you have to inform your employees of the dates each year.
It’s also wise to check if employees have enough leave to cover this period. If they don’t, you can explore options like agreeing in writing to take a period of unpaid leave or allowing them to take annual leave in advance. (Regularly checking leave balances when employees apply for leave throughout the year can be good too)
Just be sure to get a written agreement for any leave taken in advance (that puts an employee into a negative balance), outlining that they will repay the value if their employment ends before the leave is accrued. It's also important to understand that you can't force an employee to take unpaid leave, so making sure you come to a written agreement is important.
If you have an employee that is hired after the initial notice of the shutdown has been given to your team, you must give that employee notice as soon as reasonably possible (for example, it's a great idea to let them know as part of their induction, or even in the recruitment process).
Your employees are entitled to be paid for any public holidays during the shutdown period that fall on days they would normally work. This applies even if they have agreed to take a period of unpaid leave.
Why Strategic Leave Planning is Crucial for Your Business
A well-thought-out leave plan benefits both your business and your employees. Here’s why it’s essential:
Avoid Disruptions and Staffing Shortages: Last-minute leave requests can throw a spanner in the works. Planning ahead ensures you have adequate coverage, preventing disruptions to productivity and customer service.
Boost Employee Wellbeing: Regular breaks are vital for preventing burnout and keeping your team engaged and productive. Encouraging planned time off shows you value their wellbeing.
Ensure Compliance: As an employer in Australia, you have obligations under the National Employment Standards (NES) to provide annual leave. Proper planning helps you meet these requirements and ensures your payroll system accurately accrues leave entitlements.
Practical Strategies for Proactive Leave Management
Ready to take control of your leave planning? Here’s our best HR advice for 2025:
Create a Centralised Leave Calendar: A shared calendar, whether it’s a physical whiteboard or a digital tool, provides a clear overview of public holidays, peak periods, and approved leave. This helps employees choose dates that don't clash with critical business operations or when someone else is on leave.
Communicate Policies Early and Clearly: Your HR policy handbook should clearly outline leave policies, including notice periods, any restrictions during busy seasons, and the process for submitting leave requests. This transparency helps prevent misunderstandings and sets clear expectations.
Manage Peak Periods Effectively: Identify the busiest times of the year for your business and plan your staffing accordingly. For example, if you're in the retail sector, it’s best to avoid approving leave during peak holiday shopping seasons.
Be Fair and Consistent: Maintain a transparent and fair process for approving leave requests. Apply policies consistently to all employees to avoid any perception of favouritism. If your policy limits how many people can be on leave at one time, ensure it's applied fairly across the board.
Tools to Streamline Leave Management
You don’t have to manage leave manually. Here are some tools that can simplify the process:
HR and Rostering Software: Cloud-based HR and rostering systems are excellent for tracking and managing leave requests and entitlements automatically.
Spreadsheets: For smaller teams, a well-organised spreadsheet can be a simple and cost-effective way to track leave.
Whiteboard: A leave roster could be displayed in the office on a Whiteboard.
Automated Alerts: Many systems allow you to run regular reports and set up reminders for employees with high leave balances, encouraging them to book some time off.
A Quick Refresher on Annual Leave Entitlements in Australia
The National Employment Standards give details of what annual leave employees are entitled to:
Four weeks of paid annual leave per year for full-time employees.
Four weeks of paid annual leave (pro-rata) for part-time employees, based on their contracted hours.
Annual leave loading for employees covered by specific awards or enterprise agreements - your Award or Agreement will set out the entitlements.
It’s crucial to stay up-to-date with your Award conditions to ensure you remain compliant with all leave loading and Fair Work requirements.
Final Thoughts
Strategic leave planning is all about finding the right balance—ensuring your team gets the rest they need while keeping your business operating smoothly. By adopting these practices, you can create a win-win situation for both your employees and your bottom line.
If you’re struggling to manage leave or other HR challenges, My HR Partner is here to help. We specialise in simplifying people management for businesses across Australia, allowing you to focus on what you do best.
Need expert support with your HR? Contact us today to learn how we can tailor a solution for your business!
We provide HR advice and support.
We have trusted partners to assist with
any employment law issues outside
of our scope.
More info
PO Box 1079
Coolangatta QLD 4225
ABN 30 644 527 015
Get HR Advice from our HR expert