Our Services

Contracts, Policies and Handbooks

Our core services for contracts, policies and handbooks are listed below:

• Drafting new employment contracts
• Providing template employment contracts that you can use over and over again for each new starter
• Reviewing and revising your existing employment contracts for legislative compliance, risk and to ensure the contract is suitable to the business
• Drafting new HR policies (e.g. topics such as bullying, sexual harassment, performance management and disciplinary action, recruitment, discrimination, code of conduct)
• Reviewing and revising your existing HR policies for legislative compliance, risk, and to ensure the policy is suitable to your business
• Drafting and/or reviewing and revising your employee handbooks
• Auditing/gap analysis of your suite of existing HR policies and procedures to identify gaps or potential weaknesses/liabilities and providing advice on this

Discrimination, Bullying & Harassment

Ai Group Workplace Lawyers has extensive experience in providing assistance to employers where complaints of discrimination, harassment or bullying arise.

We can assist employers with:

• Supporting actions to ensure compliance with Respect@Work obligations – including policy amendments, training, and compliance with the positive duty to prevent sexual harassment and discrimination;
• Anti-discrimination and anti-bullying legislation compliance advice;
• Advising on legal risks associated with employee complaints or grievances;
• Devising risk management plans;
• Conducting thorough investigations;
• Devising effective conflict resolution strategies;
• Mediation services; and
• Representation in the Fair Work Commission’s anti-bullying jurisdiction or the Courts and discrimination tribunals.

Unfair dismissal and general protections

Ai Group Workplace Lawyers has extensive experience providing advice and assistance in termination of employment whilst maintaining compliance with the Fair Work Act 2009 (Cth).

We can assist employers with:

• Managing and minimising risks associated with unfair dismissal and adverse action/general protections claim;
• Advice regarding the likely outcomes that may arise from a claim for unfair dismissal or adverse action/general protections;
• Responding to claims for unfair dismissal and/or general protections;
• Representation in conciliation conferences and arbitration in the Fair Work Commission; and
• Appearing in the Federal Court in relation to unfair dismissal or adverse action/general protections.

Employment restraints

Ai Group Workplace Lawyers can protect business interests after an employee leaves by ensuring the company’s employment contract has an enforceable post-employment restraint clause.

We can assist employers with:

• Drafting and advising on enforceability of employment restraint clauses including confidentiality, intellectual property, customer, supplier, and other employee restraints;
• Reviewing and updating employment contracts that are no longer valid and enforceable;
• Advising on the legislation relating to employment restraints in each jurisdiction; and
• Representation in courts and tribunals.

Performance management, disciplinary action and termination

Ai Group Workplace Lawyers can assist employers with all aspects of managing the performance and conduct of employees.

This includes:

• Advice and assistance with managing an employee grievance;
• Advising about the requirements of the Fair Work Act 2009 (Cth);
• Drafting warning and termination letters;
• Reviewing policies and procedures to ensure compliance with legislation;
• Advising on how to resolve current performance management and misconduct issues;
• Advising on managing performance and discipline processes that involve an ill or injured employee;
• Conducting thorough investigations; and
• Negotiating with unions or employee representatives throughout the performance management and termination process.

Managing ill & injured workers

Ai Group Workplace Lawyers can assist employers with proper management of ill and injured workers by:

• Managing the investigation and employment review process;
• Engaging medical professionals to establish fitness for work;
• Preparing documentation for discussions with ill and injured employees and their representatives; and
• Strategic advice in relation to the termination of employment.

Enterprise bargaining strategies & compliance

Achieve substantial commercial and productivity gains through enterprise bargaining.

Our highly experienced team is dedicated to developing and achieving positive industrial outcomes for employers.

We understand that substantial commercial and productivity gains can be achieved through enterprise bargaining and we can assist employers to achieve these goals.

We can assist employers with:

• Development of employer claims which support strategic business objectives in the short and long term;
• Responding to employee and union claims;
• Attendance at bargaining meetings;
• Drafting and reviewing Enterprise Agreements to ensure compliance with the Fair Work Act 2009 (Cth);
• Advising in respect of multi-employer bargaining;
• Formulation and implementation of effective communication strategies;
• Advising on the pre-approval process and preparing voting packs to ensure compliance with the pre-approval requirements;
• Preparing and reviewing application forms seeking approval of the Enterprise Agreement by the Fair Work Commission;
• Preparing undertakings and submissions as required by the Fair Work Commission to support enterprise agreement approval;
• Contingency planning for bargaining, and for lawful and unlawful industrial action; and
• Representation in dispute resolution in the Fair Work Commission in relation to majority support determinations, industrial action, bargaining disputes, agreement interpretation disputes, and the termination of enterprise agreements.

Modern Award interpretation

Create clarity from the interpretation of modern award coverage, provisions and enterprise agreements.

We understand the complexity and difficulty that arises from the interpretation of modern award coverage and the application of provisions, and the interaction between modern awards and enterprise agreements.

Fortunately Ai Group has been at the forefront of the development and review of the modern award system acting as the leading voice for employers in the Award Modernisation proceedings (2008-2010), the two-year review of modern awards (2012-2014) and the four-year review of modern awards (2014-2019).

We have appeared in over 50 major cases concerning the four-year review of modern awards, including:

• The Casual and Part-time employment case;
• The Annualised salaries case;
• The Penalty Rates case;
• The Family and Domestic Violence Leave case;
• The Annual Leave case;
• Supporting award compliance review processes;
• Supporting employers with potential award underpayments;
• The Family Friendly Work Arrangements case;
• COVID related variations to numerous awards; and
• Various Modern Award cases including for:
• the Fast Food Industry Award 2010;
• the Manufacturing and Associated Industries and Occupations Award 2010;
• the Clerks (Private Sector) Award 2010
• the Horticulture Award 2010;
• the Graphic Arts, Printing and Publishing Award 2010; and
• the Social, Community, Home Care and Disability Services Industry Award 2010.

We can assist employers with:

• Determining appropriate award coverage;
• Reviewing historical award decisions to determine the breadth of coverage provisions in modern awards;
• Reviewing shift patterns and cycles to establish which entitlements are payable under an award;
• Responding to Fair Work Ombudsman investigations into wages and compliance;
• Responding to Fair Work Commission disputes regarding awards; and
• Assisting industries to change awards.

Union engagement

Engage and negotiate with unions to achieve beneficial outcomes for employers at the bargaining table.

We are experienced in engaging and negotiating with unions to achieve beneficial outcomes for employers at the bargaining table, through performance management and termination of employment, and in the Fair Work Commission.

We can assist employers with:

• Responding to union logs of claims, disputes and industrial action in enterprise bargaining;
• Taking steps to limit or stop protected industrial action;
• Taking response action, including locking employees out;
• Representing employers in unfair dismissal, and adverse action/general protections claims;
• Negotiating with unions to change modern awards; and
• Providing a roadmap for employers to confidently navigate the union relationship.

Fair Work Commission matters

We regularly appear in the Fair Work Commission in some of the most important cases in the country.

Ai Group can assist employers with:

• Commencing or responding to Fair Work Commission proceedings;
• Preparing commission documentation;
• Preparing evidence and preparing witnesses to give evidence;
• Review of business documentation for the purpose of discovery and responding to subpoenas;
• Participating in mediations and conciliations;
• Reporting to boards regarding the risks of litigation in the Fair Work Commission;
• Providing strategic advice to settlement matters commercially before going to hearing; and
• Preparing deeds of settlement.

Stand down

Ensure compliance with the numerous complex requirements regarding stand down.

Section 524 of the Fair Work Act 2009 (FW Act) gives an employer the right to stand down employees without pay in certain circumstances.

There are a number of requirements that must be met before an employer can stand down its employees. These requirements are complex to apply in practice and there is a considerable amount of case law about the meaning of the expressions used in section 524.

If a stand down is held by a Court or the FWC to not meet the requirements of the FW Act, the employer will have an obligation to pay the employees who were invalidly stood down. Therefore, it is essential for employers to carefully consider whether the various requirements are met before proceeding to stand down any employees.

Employers are urged to contact Ai Group Workplace Lawyers for advice before standing down employees.

Workplace investigations

At Ai Group Workplace Lawyers our investigations are timely, confidential and underpinned by relevant legal knowledge and principles.

We can assist employers with:

• Interviewing complainants and respondents;
• Preparing an investigation report setting out the findings of the investigation;
• Preparing a letter of advice recommending a course of action; and
• Providing post-investigation recommendations to help minimise the risk of future issues.

Mediation

We have a team of experienced and accredited mediators who are skilled at working with people to resolve disputes in a confidential, balanced and impartial way.

Providing participants with the opportunity to be heard and to hear the perspectives of the other party, mediation can be a very effective intervention that allows employees to resolve workplace grievances, disputes and conflict, and enables them to re-build working relationships.

Executive termination

We can assist employers with:

• Structuring employment contracts to protect commercial interests in the event that employment restraints need to be enforced;
• Leading employers through the employment management process;
• Reporting to boards in relation to the risks of senior employee terminations;
• Responding to any Court or Fair Work Commission action brought about by senior employees; and
• Supporting the employment termination process, including advising on relevant risks associated with termination.

Restructuring & redundancies

We can assist employers in the management of workplace change by:

• Advising business on obligations regarding organisational restructures and redundancies;
• Exercising due diligence and reviewing employee liabilities to ensure that such matters are recognised appropriately in any transaction;
• Advising on the industrial risks associated with transfer of business and managing union dynamics that arise in those situations;
• Providing practical advice on the impacts of organisational change and management of employee relations issues that we are aware can arise based on our extensive experience and advising in this area; and
• Ensuring management of the people and compliance issues that arise during restructures and redundancies.

Compliance

Navigate the complex web of employer obligations in relation to wages, payroll and other employee entitlements.

Navigating the complex web of employer obligations in relation to wages, payroll and other employee entitlements can be difficult and time consuming. Mistakes can be costly – not only financially, but also for your business’ reputation. Our suite of auditing services will provide you with the peace of mind that your employees are being paid correctly and you are not at risk of expensive ‘wage theft’ litigation. With a trusted payroll system, you can focus on building your reputation as an employer of choice to attract and retain the best team possible.

Our services include:

• Auditing wages paid to employees to identify possible underpayment of wages;
• Auditing payroll ‘rules’ (e.g. the settings that sit behind a payroll system), to identify systemic issues with the application of employee entitlements in the payroll system and therefore the payment of wages;
• Analysing individual employee roles and identifying the relevant industrial instrument (modern award or enterprise agreement) that governs the employee’s entitlements, as well as the appropriate classification for the employee within that industrial instrument;
• Calculation of appropriate minimum rates of pay/salaries to meet minimum employment entitlements;
• Advice, including legal advice, on how to rectify compliance issues (i.e. underpayments);
• Representing employers in wage underpayment claims; and
• Assistance, including representing employers, in Fair Work Ombudsman investigations and prosecutions.

Workplace health & safety

We can assist employers with:

• Advising on interactions with safety regulators, the police and the coroner during investigations or enquiries;
• Undertaking comprehensive investigations;
• Participation in regulatory investigations into workplace accidents;
• Managing union investigations into incidents and rights of entry;
• Complying with or disputing Prohibition or Improvement Notices;
• Defending prosecutions and appearing in coronial inquests; and
• Assistance with practical measures to manage the wellbeing of any affected workers/witnesses on site.

Respect@Work

In 2022, new legislation came into force implementing key obligations on employers recommended by the Sex Discrimination Commissioner’s Respect@Work report.

This legislation squarely shifts the responsibility to employers for taking active and deliberate steps to prevent workplace sexual harassment, discrimination and victimisation. This includes imposing a positive duty on employers to prevent these types of conduct, as well as empowering the Australian Human Rights Commission to inquire into an organisation’s compliance with these obligations.

We can assist employers to meet their obligations in this space in ways including:

• Providing Board and senior management briefing and strategy sessions, to help employers understand their obligations and the actions necessary to meet these obligations;
• Completing a gap analysis, to assist employers to understand the gaps in their current approach and what’s now required to meet the positive duty;
• Supporting the review and/or preparation of revised policies, procedures and other internal documents, including Deeds of Release, to reflect the Respect@Work requirements;
• Investigating allegations of sexual harassment, sex-based harassment, victimisation and other forms of unlawful workplace behaviour, such as bullying and discrimination, within the framework of the Respect@Work laws and modern standards; and
• Supporting dealings with the Regulator, where the Australian Human Rights Commission commences an inquiry to understand compliance with the positive duty.
• Providing tailored training programmes to managers and employees, designed to meet the standards arising from the new positive duty and the increased focus on the psychosocial hazards arising from bullying and harassment from a work health and safety perspective. Download the training information.