EMPLOYMENT LAW
Employment law is complex and constantly changing. Williams Winter is well versed in all aspects of employment law including:
- Industrial relations
- General employment law
- Occupational health and safety
- Human rights and equal opportunity
- Legal risk management
Industrial Relations
Many of the reforms of the Rudd Government are now in force. Some of the more significant changes which have been introduced and are now operational are:
- Prevention of employers from using individual workplace agreements unless they are already using them;
- Expansion of the rights of employees to bring unfair dismissal claims (the Work Choices exclusion of the right to bring unfair dismissal proceedings unless employed by an organisation employing 100 or more individuals has been lifted although businesses which employ less than 15 are deemed to have fairly dismissed if they have complied with the Small Business Fair Dismissal Code).
The following major changes will come into effect from 1 January 2010:
- Introduction of ten National Employment Standards which will provide minimum terms and conditions to all employees. Those ten matters are as follows:
- Maximum hours of work;
- Annual leave;
- Personal leave;
- Parental leave;
- Flexible working arrangements;
- Community service leave;
- Long service leave;
- Public holidays;
- Notice and redundancy;
- Information statement.
- Modernised awards: The Australian Industrial Relations Commission (AIRC) / Fair Work Australia has been charged with the responsibility of creating new industry specific awards to complement and potentially build on the 10 National Employment Standards. There has been a direction that the new modern awards be “economically sustainable ... promote flexible modern work practices ... and ... reduce regulatory burden on business”. The modernised awards will also include a model flexibility term in order to foster and facilitate flexible working arrangements.
The recent changes in the Australian legislative environment make employment law more pertinent to employers and employees alike. As noted, a feature of the changes is the promotion of flexible working arrangements.
Williams Winter advises and represents both employers and employees. We provide advice in areas which include interpretation of awards and enterprise agreements and breaches of them. We are also able to formulate effective strategies on behalf of employers and employees for dispute resolution.
General Employment
We provide clients with timely advice and assistance in relation to all aspects of managing employment and associated relationships including the drafting of:
- Employment contracts
- Enterprise Agreements
- Consultancy agreements
- Confidentiality agreements and restraint of trade clauses
- Deeds of release
- Dispute resolution clauses
- Policies in relation to sexual harassment, equal opportunity and occupational health and safety.
Williams Winter also acts in all employment litigation matters including unfair dismissal and unlawful terminations for both employers and employees. We can assist employers and employees with the resolution of discrimination issues and equal opportunity complaints. Our team can provide advice in relation to restraint of trade, breach of contract and trade practices issues.
Occupational Health and Safety (OH&S)
Williams Winter's OH&S practice concentrates on assisting clients to develop preventive OH&S management strategies and policies to comply with their legal obligations. We also advise and appear in relation to the defence of OH&S prosecutions.
Human Rights and Equal Opportunity
Like many areas of employment law, anti-discrimination laws require employers to be pro-active. To this end, Williams Winter provides preventive advice in relation to discrimination, harassment, vilification and victimisation in the workplace and other environments. We can advise on human rights and responsibilities and equal opportunity law, emphasising informed fair treatment of employees and others.
Williams Winter also provides advice to employees and other claimants who believe that they have been subject to unlawful discrimination, harassment, vilification and victimisation in the workplace and other environments.
Our experienced and dedicated employment law team will assist you in achieving positive outcomes in all employment related matters.
