LITIGATION AND WORKPLACE RELATIONS

Employer & Employee Relations

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.

OUR LITIGATION AND WORKPLACE
RELATIONS TEAM

Philip Brewin
Greg Doran
Caroline Mostafa
Tarryn Jeffery
Tom Drake
Melonee Davies

Topics We’ve Written About

A Novel Approach to Reinstatement

A Novel Approach to Reinstatement

The primary remedy under the Fair Work Act 2009 for an unfair dismissal is reinstatement. In employment relationships where the Act does not apply the usual remedy for wrongful termination of employment is damages. Schneider v Warrnambool City Council [2021] VSC 337...

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A brief overview of discrimination laws

A brief overview of discrimination laws

Discrimination law has been something of a hot topic in Australia in recent months. The legality of workplace-mandated vaccines and ‘no jab, no job’ policies has sparked heated debate. More recently the Federal Government’s Sex Discrimination and Fair Work (Respect at...

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What should I do if I think I am being underpaid?

What should I do if I think I am being underpaid?

There are a number of ways in which an employee might be underpaid. It may be the case for example, that there has been a complete failure to pay your wage, superannuation entitlement or an amount owed for a period of leave (including annual, long service or personal...

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Employment issues for the gig economy

Employment issues for the gig economy

Are works employees or independent contractors? The controversy as to whether workers in the gig economy are employees or independent contractors continues with the recent decision in Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818. In that decision handed down...

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    Nevett Ford Melbourne Pty Ltd

    ABN: 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000