Employment Law

Lawyers who take the time to understand your business

Employment Law

Australia has one of the most complex and onerous employment frameworks in the world. As a business owner it can be incredibly challenging to fully understand and comply with the highly complex and ambiguous requirements.

Aditum Lawyers can assist you with implementing the right policies, documents and procedures to protect your business and ensure compliance. Our experienced employment lawyers can also provide assistance with drafting key employment documents, negotiating disputes, enforcing post-employment restraints and representing your interests at proceedings. 

We can assist with advice across a wide variety of industries such as professional service, retail, manufacturing, distribution and supply, pharmaceutical, finance or hospitality. 

 

Our lawyers are dedicated to protecting your interests and ensuring you obtain the most favourable outcome possible. 

Employment law services

Aditum Lawyers can assist with a range of employment law matters, such as:

  • employment contracts and agreements, whether you are engaging a new employee, updating an existing agreement or need help with the negotiating process. Our lawyers can even help you to develop standard employment contract templates that are tailored to the needs of your business;
  • contractor’s agreements to allow you to engage independent service providers without incurring unnecessary liability;
  • terminations for a wide variety of circumstances and assistance with managing the employee’s exit;
  • industry awards advice to ensure you are meeting your minimum obligations;
  • post-employment obligations like enforcement restraint clauses, confidentiality and return of property.
  • Disputes, which are often unavoidable and require following strict procedure to comply with the business’ legal and ethical obligations;
  • harassment and bullying in the workplace can also have serious consequences for the employer, who has an obligation to provide a safe working environment. Ensure you have the right procedures in place and that you are compliant with your obligations to avoid unnecessary liability. 

How can Aditum Lawyers help you?

Aditum Lawyers are dedicated to helping you in the way you need it. We don’t just take the time to understand you legal matter, but your entire business model and how best to work with you. Contact us today to discuss your employment law needs on (02) 8593 8326 or submit an online enquiry to get started.

Employment Law FAQs

Australia’s regulatory framework for employment is one of the most complex in the world. Failing to meet your employment obligations can result in severe consequences. 

In order to be aware of your obligations, we recommend you acquaint yourself with the following sources:

  • The Fair Work Act 2009 (Cth);
  • The National Employment Standards; and
  • The Modern Industry Award that applies to your business.

As an employer, you will also need to meet stringent requirements with regards to record keeping. An employer must maintain accurate records about:

  • employment:
  • pay;
  • overtime;
  • hours of work;
  • leave;
  • superannuation contributions;
  • termination of employment;
  • agreements relating to an individual’s employment including individual flexibility agreements and guarantees of annual earnings.

These records must be kept for at least seven years. An employer should also give all employees a pay slip within one day of paying their wages.

The amount of work required to remain compliant is significant and Aditum Lawyers can help to recommend several options that can assist in automating these processes in a compliant way.

Employers need to pay PAYG tax for all workers. They also need to pay superannuation on behalf of their employees, which is currently equal to 9.5% of their salary. This is paid into the employees nominated fund or if the employee has not nominated a fund the employer may use a default fund. Some employers will also have to pay payroll tax when their total wages exceed the ‘exemption threshold’.

Employers are required to provide a healthy and safe working environment for their employees and the question of whether this requirement has been satisfied is not clear or defined. There are several resources available that can help guide you in following best practices and minimising risk.

All employers are required to maintain workers compensation insurance. 

It may be reasonable for an employer to monitor some of its staff’s online activity in order to ensure productivity and compliance with work place policies.

Employers should communicate these policies via an employee handbook, workplace policy document or in the employment contract.

Taking on an employee comes with considerable obligations and liabilities but also provides a higher level of control and reliability. In some cases it may be necessary to use independent contractors, especially for functions that are not part of the businesses usual operations.

Employees are paid a salary and enjoy the benefits provided under the Fair Work Act and other regulatory framework, such as superannuation, annual leave, overtime and unfair dismissal. Contractors, however, are responsible for their own employment obligations and are paid a negotiated fee. 

There are characteristics that help define whether the relationship is one of employment or contract and these can often be applied post-fact if the question comes before the Australian Tax Office, Fair Work Commission or Courts.

Being aware of the differences can help you to avoid unnecessary liability and protect your business from non-compliance. 

Some factors that will determine whether an employment or contractor relationship exists may include:

– Whether the work is supervised or performed independently;

– Exclusivity in the performance of work;

– The existence of a separate business;

– Freedom to subcontract; and

– Control over the manner in which the work is performed. 

This area of law can become complex and may have serious implications for your business. Reach out to Aditum Lawyers for a confidential discussion of your employment law matters as early as possible.

Discrimination occurs when an employer takes adverse action against an employee or prospective employee due to a protected attribute such as age, gender, sexual orientation, disability or religious belief. This is not permitted at law and can have serious implications for the employer.

There are some circumstances where treating someone differently due to a protected attribute is permitted, however this must be due to their inability to perform the inherent requirements of the job and consideration must be given to whether the employer could reasonably provide adjustments to facilitate the role without causing unjustifiable hardship on the employer. 

Fair Work Ombudsman
(www.fairwork.gov.au

The Fair Work Ombudsman website provides information and advice about your workplace rights and obligations.

Defence Force Remuneration Tribunal
(www.dfrt.gov.au)

The Defence Force Remuneration Tribunal website Determines pay and pay related allowances for the regular and reserve members of the Australian Defence Force (ADF).

Fair Work Infoline
(www.fairwork.gov.au/contact-us/call-us

If you have a question or problem relating to your workplace, call the Fair Work Infoline on 13 13 94. Before calling, check out the Before you call checklist (www.fairwork.gov.au/contact-us/call-us/before-you-call If you do not have this information when you call, you may be asked to find it out and call back.

Know Your Rights at Work
(www.humanrights.gov.au/complaints/work-out-your-rights-info-employees

The Australian Human Rights Commission can investigate and try to resolve complaints of discrimination and breaches of human rights in work, education, services and other areas based on a person’s sex, disability, race, age and other attributes.

National Employment Standards
(www.fairwork.gov.au/employee-entitlements/national-employment-standards)

What are the National Employment Standards and who do they apply to? Find out more about these 10 minimum entitlements.

Pay and Conditions
(www.business.gov.au/info/run/employ-people/pay-and-conditions

Wages and employment conditions are often one of the first things a potential employee will consider about a job. Provides links to a range of information on employee entitlements and pay.

Remuneration Tribunal
(www.remtribunal.gov.au

Determines the pay of key Commonwealth offices including judges and related offices; senators and members of Parliament (MPs); chief executive officers (CEOs) such as the heads of departments; and other full-time and part-time public offices.

Supporting Working Parents
(supportingworkingparents.humanrights.gov.au

Provides information for employers and employees on employee entitlements and responsibilities and employer obligations in relation to pregnancy, parental leave and return to work.

Visa Holders and Migrants – Know Your Workplace Rights
(www.border.gov.au/Trav/Work/Work/workplace-rights

Information to assist workers from overseas to know their rights and help reduce the incidence of exploitation.