Employment / Industrial Relations
The Australasian member firms of ALFA International work closely with employers to ensure they understand their rights and obligations and comply with the ever-changing industrial relations legislation. The Australasian member firms’ lawyers also advise and assist international clients entering into Australia and New Zealand to navigate their way through employment and industrial relations law.
- drafting and advising on employment, contractor and executive contracts,
- drafting and negotiating tailored enterprise agreements,
- developing human resources policies and procedures covering all aspects of the employment relationship, including equal employment opportunity issues, bullying, electronic communications, discipline and counselling, whistleblowing, incentive and bonus arrangements, performance management, work-from-home and codes of conduct, and providing training in these areas,
- advising on all aspects of workplace health and safety including drafting policies, providing targeted training on those policies and practical assistance about how to discharge workplace health and safety obligations, and investigations into and prosecutions for breaches of legislation,
- advising on the use of social media and related issues,
- interpretation of privacy legislation and associated implementation and compliance issues,
- public sector employment law, including code of conduct inquiries, training and litigation,
- handling all employment-related litigation arising out of claims relating to breach of contract, unfair contracts, unlawful termination, unfair dismissal, underpayment of wages, fraud, bullying, employment entitlements, harassment and discrimination,
- advising on termination of employment procedures having regard to award, contractual and other legal requirements,
- advising on strategies for implementing large scale redundancies and changes in workforce structure,
- negotiating release conditions and drafting release documentation,
- advising on drafting and enforcement of restraints of trade, confidentiality obligations and intellectual property ownership,
- advising on all aspects of transfer of business, including employee entitlements,
- advising on the taxation consequences of hiring and terminating employees,
- all matters involving the Fair Work Ombudsman, and
- immigration requirements for workers transferring from overseas to Australian employers.
The Australasian member firms advise employers of all sizes (whether operating at a state, national or international level) in all aspects of employment and industrial relations. Each Australasian member firm’s team of lawyers have a genuine understanding of key industries, including retail, health care, transport and logistics, construction, reconstruction and insolvency, and banking and finance. Some of our matters include:
- Acting for a large private company in relation to the removal of its CEO on the basis of misconduct and performance (improper use of company funds, bullying, harassment and victimisation of staff, failure to meet reporting obligations and broader competency issues). Work included conducting a formal investigation into complaints made against the CEO by two employees, advising the client on the notice and termination process and documenting the termination.
- Reviewing existing employment contracts and advising a national employer on how these interrelate with industrial awards and legislation. This advice included providing the employer with a future strategy to streamline the terms and conditions of employment applicable to its workforce by entering into a collective enterprise agreement. Following this review the Australasian member firm continued to work with their client to draft and negotiate a complex enterprise agreement that not only met the client's needs and objectives throughout Australia, but was also acceptable to the Union involved.