FAQs

How can you help me find out what my rights and obligations are as an employer?

The Australian industrial relations system is currently going through a major transition, and we are working towards having one system cover the majority of employees in Australia. All employees in Australia except for employees of sole traders and partnerships in Western Australia are covered by the National System. I can help you identify the correct modern award, calculate current pay rates and navigate the National Employment Standards.

What do I have to pay my employees?

What you are obliged to pay your employees depends on the modern award that covers your business, and the type of business you run. I can help you with that, but you can also get free help from www.fairwork.gov.au.

What are the National Employment Standards?

The National Employment Standards (NES) are ten minimum conditions that all employees in the private sector in Australia (except employees of sole traders and partnerships in Western Australia) are entitled to access. More information about the NES can be found here.

What do I have to do if I want to terminate an employee’s employment?

What you do in this situation is governed by a number of factors such as the size of the business and the length of time the employee has worked for you, because these factors affect whether an employee has the ability to make an unfair dismissal claim.

Generally speaking it is a good idea to make sure that you:

Have a valid reason for terminating the employee’s employment;
Notify the employee of the reason for termination;
Give the employee an opportunity to respond to any allegations;
Warn the employee clearly that his or her employment is at risk (this is best done in writing);
Allow the employee to have a support person present at any disciplinary interviews that may result in termination.

A good guide that can be used is the Small Business Fair Dismissal Code, which can be found here.

I want to make an agreement with my employees to change some of the terms and conditions in the modern award – how can you help me?

You have a choice of either using the Award Flexibility provisions in the relevant modern award, or making a comprehensive agreement with your employees that displaces the modern award. I can help you decide which would be best for your situation, and I can help you draft both types of agreements. A comprehensive agreement must be approved by Fair Work Australia before it can legally be applied in the workplace, so I can help you with the approval process as well.

Penalties increase for breach of the Fair Work Act 2009

Emma Watt - Wednesday, January 30, 2013

In most Australian legislation, penalties for breaches of the Act (including the Fair Work Act 2009) are described in terms of 'penalty units'. Then, a single piece of legislation defines a 'penalty unit'. For a long time now, about 15 years, the federal 'penalty unit' has been $110, and is set in section 4AA of the Crimes Act 1914. Recently, the value of a 'penalty unit' has increased from $110 to $170. ...read more

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