In Australia the relationship between employer and employees can be governed by an enterprise agreement, which seeks to cover all the employees of a particular employer, a modern award, which seeks to cover employees of various employers not covered by enterprise agreements who do the same type of work and sets out terms and conditions of employment or by common law contracts.
However the relationship is governed, the Fair Work Act 2009 sets out the National Employment Standards, which underpin the minimum terms and conditions of employment of all employees.
Enterprise agreements and modern awards must build on the NES or mean employees are better off than the NES provide.
Difficulties, which arise in the employer employee relationship may be avoided if a solid and clear basis is established at the start of the relationship.
The Litigation Team has experience in guiding both employers and employees to establish a solid foundation for a harmonious and productive relationship.
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Topics We’ve Written About
Dealing with HR ‘grey areas’ – Instalment Two
Workplace mental health, ill employees, absenteeism, and return to work management masterclass: dealing with HR ‘grey areas’. Emma Sutton & Caroline Mostafa Addressing low-level conduct issues In this week’s blog, we will discuss how to deal with low level...
Dealing with HR ‘grey areas’ – Instalment One
Workplace mental health, ill employees, absenteeism and return to work management masterclass: dealing with HR ‘grey areas’. Emma Sutton & Caroline Mostafa Last month, Associate Director Emma Sutton and Senior Associate Caroline Mostafa from Nevett Ford’s...
Snapshot: Victoria Expands Vicarious Liability for Child Abuse Claims
Tuesday 17 February 2026 marked another landmark decision for child-abuse survivors with the Victorian Parliament passing the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2025 (Vic) (Act). The Act expands the doctrine of vicarious liability...
High Court majority extends non-delegable duty of care to intentional criminal conduct of delegates
The High Court of Australia has delivered a landmark ruling in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (AA),[1] concerning allegations of sexual abuse committed by a Catholic priest, against the plaintiff AA. AA creates a...
Victoria’s new OHS regulations on psychosocial health are in full swing.
Background of the new law Victorians have become increasingly aware of the link between work conditions, psychosocial factors, and employee well-being. The Royal Commission in 2021 into Victoria’s mental health system identified a “failing [workplace] system”,[1]...
Franchisors Beware: You May Be Liable for Franchisee Wage Breaches
Recent landmark court ruling sends a clear message to franchisors: you can be held responsible for wage underpayments and record-keeping failures committed by your franchisees. In Bakers Delight Holdings Ltd v Fair Work Ombudsman [2025] FCAFC 144, the Full Court of...






















