It is important for employers to engage all employees on written contracts of employment. Well drafted employment contracts are necessary to protect the employer’s interests and reduce the risk of a dispute or claim. Employment contracts should be used, regardless of whether an employee is award-free, or covered by an enterprise agreement or award.

At a minimum, employment contracts should specify the employee’s status (i.e. full-time, part-time, casual, daily hire); agreement or award coverage; hours of work; duties; leave; remuneration; and termination of employment requirements. Employment contracts can also be used to impose important restrictions on employees such as the misuse of confidential information and intellectual property, or poaching clients or staff after the employment relationship ends.

For casual employees, it is important for employment contracts to reflect changes that were made in March 2021 to the Fair Work Act 2009 relating to casual employees.

We can prepare tailored employment contracts to suit your business, and provide related advice and assistance. We have an in-depth knowledge of the building and construction industry, and related industries, and can assist with drafting industry-specific terms of employment.

We can prepare contracts that are suitable for new or current employees. We can also review existing contracts and provide advice on their suitability.

Enterprise agreements allow businesses to make agreements with their employees that contain employment terms that are specific to the company’s enterprise. Enterprise agreements are an alternative to modern awards and apply for the term of the agreement (typically 3 or 4 years), or until the agreement is terminated or replaced.

We can assist members with:

• making a new or existing enterprise agreement, including drafting the agreement and complying with the pre-approval steps;
• undertaking comprehensive “better off overall” calculations, in comparison to the applicable modern award;
• advising on enterprise bargaining strategy;
• representing employers during negotiations and liaising with the union;
• ensuring that agreements are compliant with the Building Code; and
• making applications to vary or terminate enterprise agreements.

Workplace policies allow employers to set rules and procedures that apply to employees, and reduce the risk of liability in the event of an employee claim, or investigation by a regulator. The kinds of issues that can be the subject of workplace policies include: employee behaviour (i.e. respectful treatment); equal opportunity and anti-discrimination; leave procedures; workplace health and safety; information technology and phone or computer usage; drug and alcohol testing; inclement weather; and use of company vehicles.

It is important to ensure that policies are up to date and compliant with applicable legislation. We can review existing policies or prepare new policies that are tailored to your business and provide related advice and assistance. This includes options for making policies available to employees, training, and advising on disciplinary matters arising from a breach of policy.