In recent years the system of regulation of industrial relations in Australia has undergone dramatic change. With the introduction of the National Employment Standards (NES) and modern awards under the Fair Work Act 2009, employers and employees now have more to consider than ever before. Our employment lawyers can work with you to advise and guide you through this change.
The Fair Work Ombudsman and the ATO are both undertaking public campaigns in relation to sham contracting (particularly in the building and construction sectors). It is important for businesses to correctly classify their workers as either employees or independent contractors (see the article in the Publications section on this topic). The incorrect classification of workers can (and has) led to unfair dismissal claims and severe sanctions and can also impact on termination of employment, workers compensation, superannuation and payroll tax.
Our Perth employment lawyers’ areas of expertise cover:
- employment and independent contractor agreements: assisting with the negotiation and drafting of agreements that protect businesses, satisfy staff and meet legal requirements
- managing employees: providing day to day advice and guidance on the many workplace issues that arise in the operation of a business
- employee claims: advising on and handling claims by or against employees
- commercial deals: helping businesses understand the employment issues that arise in business transactions
- privacy: advising on privacy matters including compliance with the Australian Privacy Principles
- occupational health and safety obligations
- restructuring and redundancy: advising on and assisting with implementing procedures
Examples of our recent work include:
- advising a web design and development company on the restructuring of its staffing arrangements through the use of various employment agreements (casual, part-time and full-time) and independent contractor agreements
- negotiating and drafting an executive employment agreement for an incoming general manager of a large company
- advising a construction company on the transition of its staff from independent contractors to employees
- advising an employer of its legal obligations to employees facing redundancy including statutory and contractual entitlements to notice, leave and redundancy pay