Compliance & Employee Entitlements
In Australia, employers and employees within the national workplace relations system are covered by the National Employment
Standards (NES) contained in the Fair Work Act 2009. Together with pay rates in modern awards and minimum wage orders, the
NES provides the minimum legal conditions for national workplace relations system employees.
Ensuring your business is complaint with these minimum legal obligations is critical, with significant penalties for employers and
individuals where minimum obligations have been breached.
Are you compliant?
Ai Group has a raft of services available which can assist in ensuring your business meets its minimum obligations. These services
include:
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The ability to conduct compliance audits to ensure you are adhering to the minimum obligations under the NES, applicable awards
and any enterprise agreements which cover your business
Access to the Workplace Advice line which provides immediate information regarding the NES and minimum entitlements
Access to the HR Resource Centre which provides further information on minimum employee entitlements
Member advices which alert employees when there is a change in minimum employment standards
Review and development of employment contracts and policies
What if I'm not compliant?
Ai Group also provides a range of service to assist employers should allegations of non-compliance with minimum employment
obligations be made against them. In compliance proceedings which are brought before the Court, Ai Group Workplace Lawyers can
assist and defend employers' interests. The experienced team of specialists at Ai Group Workplace Lawyers regularly engage with
regulators and unions on these issues to achieve positive outcomes for Ai Group members.
Contracts of Employment
Employment contracts can be important documents not just for executive level employees but also an employer's award and
agreement covered employees. A well drafted contract of employment can be used not only to establish the important mutual
expectations that arise at the commencement of the employment relationship, but also create practical flexibilities about how the
relationship might evolve and change over time, or the reasonable expectations and obligations which an employer can place on their
employee once the employment relationship has concluded.
It is important to also consider the way in which your contracts of employment intersect with the minimum obligations in legislation
such as the National Employment Standards (NES) of the Fair Work Act 2009, modern awards and enterprise agreements, and
existing Company policies and procedures.
Ai Group's incorporated legal practice, Ai Group Workplace Lawyers regularly advise employers on all aspects of drafting and
enforcing employment contracts from:
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Drafting appropriate and enforceable employment agreements
Updating existing employment agreements to ensure they remain current and enforceable
Providing advice on remuneration and benefits, including effective off-setting provisions and enforceable deduction provisions
Helping you manage the termination process and ensure that post-employment obligations (such as confidentiality and postemployment restraints) are honoured.
Managing Poor Performance & Misconduct
Poor performance or misconduct in the workplace affects the morale and productivity of all staff. Failing to deal with the poor
performance and misconduct of others can result in the best employees leaving and also expose employers to legal risks. In order to
operate effectively, organisations need to set standards of performance and conduct that are reinforced by company rules. Rules
should be clear, concise and, above all else, fair. They should also be put in writing and made available to all employees.
Disciplinary procedures enable you to ensure that employees keep to the rules. More importantly, they enable the employer to ensure
that all breaches of the rules are dealt with fairly and consistently.
Ai Group offers a range of services that can help you manage poor performance and misconduct in your workplace. This includes free
access for members to the HR Resource Centre which provides guidance and templates on disciplinary procedures and performance
improvement plans. For more complex assistance, our workplace relations experts can assist in reviewing or developing your
disciplinary or performance management procedures. We can also provide tailored guidance when such procedures need to be
applied.
Where the performance or conduct of your employees does not improve following performance management, Ai Group can also
advise and assist in the process of exiting employees from your business in a manner that reduces your legal risk and drives your
workplace culture forward.
Awards and Wages
Modern awards form an important component of the Fair Work system that applies to all national system employers. Along with the
National Employment Standards (NES), modern awards determine the minimum terms and conditions of employment for national
system employees, including wage rates, penalties and allowances.
Ai Group membership provides a variety of services which enable employers to navigate through the modern award system. These
services include:
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Providing members with up-to-date advice on changes to modern awards
Access to the Workplace Advice line which provides on the spot information
The ability to conduct award coverage or classification assessments for your business or employees respectively
Compliance audits
An award service which provides annotations to key awards which offer insight into the particulars of the modern award covering
your business
The modern award reviews
Under the Fair Work Act, the Fair Work Commission must review all modern awards every four years.
During the review, parties are invited to make submissions outlining changes they believe need to occur to modern awards.
The most recent review commenced on 1 January 2014 and is still underway. Ai Group is heavily involved in the review process and
vigorously representing member interests in these review proceedings. We strongly oppose any changes that could adversely impact
industry, such as claims that would result in increased costs to employers or that impose major restrictions on operations. Ai Group
consults with it's members to gain valuable insights into their interests which can then be reflected in its approach to these important
matters affecting business.
Enterprise Agreements & Bargaining
Enterprise Agreements are collective agreements made between employers and employees in the workplace.
Enterprise agreements are a significant opportunity to tailor the terms and conditions of employment to suit your business needs. An
enterprise agreement can allow greater flexibility within your business operations which can result in greater efficiency, better
functioning workplaces and improved productivity.
Ai Group workplace advisors are experts in enterprise agreements and bargaining. We can assist at any stage in the enterprise
agreement making process including:
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All aspects of enterprise bargaining including development of employer claims which support your overall business objectives and
responding to employee claims;
Formulation and implementation of effective communication strategies;
Contingency planning for lawful and unlawful strikes and industrial action (including applications to the Federal Court or relevant
tribunals);
Review and development of your enterprise agreement
Resolving industrial disputes that arise from interpreting the terms of your enterprise agreements.
Enterprise Agreements & Bargaining
Enterprise Agreements are collective agreements made between employers and employees in the workplace.
Enterprise agreements are a significant opportunity to tailor the terms and conditions of employment to suit your business needs. An
enterprise agreement can allow greater flexibility within your business operations which can result in greater efficiency, better
functioning workplaces and improved productivity.
Ai Group workplace advisors are experts in enterprise agreements and bargaining. We can assist at any stage in the enterprise
agreement making process including:
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All aspects of enterprise bargaining including development of employer claims which support your overall business objectives and
responding to employee claims;
Formulation and implementation of effective communication strategies;
Contingency planning for lawful and unlawful strikes and industrial action (including applications to the Federal Court or relevant
tribunals);
Review and development of your enterprise agreement
Resolving industrial disputes that arise from interpreting the terms of your enterprise agreements.
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Redundancy & Restructuring
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Many employers find redundancy one of the most difficult business decisions to implement. Often economic urgency leads to
employers failing to properly plan for, or implement redundancies effectively. Many genuine redundancies have been deemed
unfair or discriminatory by courts and tribunals because companies have failed to consult or failed to otherwise apply the terms of
their awards, enterprise agreements, workplace policies or employment contracts when the decision is made.
Employers should be aware that to be regarded as a "genuine redundancy" and to therefore be protected from an unfair dismissal
claim being lodged against the employer for a termination arising from a restructure, the Fair Work Act 2009 imposes significant
obligations on employers to consult with employees and/or unions prior to implementing redundancies, and to consider
redeployment as an alternative to redundancy.
Ai Group can assist in all stages of the redundancy process to ensure that all laws and minimum obligation are adhered to
together with providing advice on the strategies to effectively implement the change process. Ai Group workplace relations
advisers can also make assessments regarding the redundancy payments and other entitlements owed to your employees and
advise on more complex issues that might arise in a business restructure including transfer of business, incapacity to pay
severance pay entitlements and exemptions to the NES severance pay scale and notice of termination.
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Termination of Employment
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At some point in time the employment relationship between an employee and an employer will come to an end. In some
circumstances it will be the employee who makes that decision through resignation, in other circumstances, the decision will be
made by the employer. Where an employer reaches the decision to dismiss an employee such decision needs to be well
managed, well documented, fair and reasonable.
If you are faced with this difficult decision, Ai Group's workplace relations experts can provide guidance in this decision making
process, ensuring you know your obligations and are well advised to limit the legal exposure that a termination decision can
create.
The Ai Group workplace relations team represents its members in all types of termination of employment matters such as unfair
dismissals, redundancy, general protections, post-employment restraint and breach of contractual and fiduciary obligations. The
workplace relations team can also offer advice on the termination payments owed to your employees when the relationship comes
to an end.
Discrimination & Harassment
Discrimination and harassment in the workplace are regulated extensively by state and federal legislation. This legislation places
obligations on employers to ensure they have a workplace free from discrimination and harassment. If employers do not comply with
these obligations, they can be found vicariously liable for the discriminating or harassing conduct of their employees and contractors.
How can Ai Group help?
Ai Group provides an extensive range of services that can assist in maintaining a workplace free from discrimination and harassment.
These services include:
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The provisions of training to your employees including training targeted at managers, supervisors and your blue-collar employees;
Access to the online HR Resource Centre and the BIZ assist Manual which provides information regarding discrimination and
harassment and your obligations
Discrimination and Harassment policy review and development
Advice and assistance in relation to responsibilities under the Equal Opportunity for Women in the Workplace Act 1999
Do you have a complaint of discrimination or harassment?
Ai Group has a team of advocates and lawyers who are experienced in managing complaints of discrimination or harassment.
As an employer, if you receive a complaint of harassment or discrimination and don't know how to manage the allegations, Ai Group
can assist you and is regularly called on to conduct independent third party investigations of complaints through its incorporated legal
practice, Ai Group Workplace Lawyers. Our specialised team has been engaged by Australia's leading employers to investigate and
advise on serious and sensitive cases of workplace behaviour from junior staff to management and executives.
Where matters proceed beyond investigation, we can assist with complaints made through State or Federal Tribunals and provide
effective advice and representation to resolve these claims
Dispute Resolution and Representation
Our team of specialists are experts in arbitration, alternate dispute resolution and the conduct of litigation in all employment related
matters. We have worked with major national and multi-national businesses, providing effective and timely dispute resolution and
litigation services in areas including:
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All termination of employment matters, including post-employment restraint, breach of contractual and fiduciary obligations;
Workplace discrimination claims;
General Protections proceedings under the Fair Work Act;
Workplace Health and Safety matters including allegations of workplace bullying and prosecutions for serious workplace incidents;
and
Good faith bargaining applications within the Fair Work Commission.
Can I be represented in the Fair Work Commission?
Ai Group as a registered organisation has an automatic right to appear in the FWC in relation to all matters that are under its
jurisdiction. As a member of Ai Group you have the right to access our expertise and experienced representation in relation to all FWC
matters. Our advocates regularly appear in all matters that arise under the Fair Work Act including unfair dismissal hearings, general
protections, bullying, enterprise bargaining, industrial action and disputes with unions and employees.
Conciliation Services
Each year over 15,000 applications are made to the Fair Work Commission regarding Unfair Dismissal.
The process of defending an application can be time consuming, costly and frustrating.
Our aim is to help our members reach positive outcomes with a minimum of stress and cost.
Ai Group has been representing Australian industry at industrial tribunals for over 100 years. Our advocates are experts at dealing
with the Fair Work Commission.
Our conciliation services include:
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Drafting a response to the application for unfair dismissal
Reviewing all your documentation
Helping you understand the circumstances of your case
Representing you and speaking on your behalf in the conciliation process
Preparing your settlement agreement
Fair Work Commission
The Fair Work Commission (FWC) is the Tribunal that hears and determines many of the matters concerning the rights and
obligations of employers and employees under the Fair Work Act 2009 (FW Act). The FWC’s jurisdiction includes termination of
employment matters (including unfair dismissal applications and general protections applications), bullying matters, enterprise
bargaining, industrial action, industrial disputes, modern awards and union right of entry.
Can I be represented in the FWC?
Ai Group as a registered organisation has an automatic right to appear in the FWC in relation to all matters that are under its
jurisdiction. As a member of Ai Group you have the right to access our expertise and experienced representation in relation to all FWC
matters. Our advocates regularly appear in all matters that arise under the FW Act including unfair dismissal hearings, general
protections, bullying, enterprise bargaining, industrial action and disputes with unions and employees.
Conciliation Services
Each year over 15,000 applications are made to the Fair Work Commission regarding Unfair Dismissal.
The process of defending an application can be time consuming, costly and frustrating.
Our aim is to help our members reach positive outcomes with a minimum of stress and cost.
Ai Group has been representing Australian industry at industrial tribunals for over 100 years. Our advocates are experts at dealing
with the Fair Work Commission.
Our conciliation services include:
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Drafting a response to the application for unfair dismissal
Reviewing all your documentation
Helping you understand the circumstances of your case
Representing you and speaking on your behalf in the conciliation process
Preparing your settlement agreement
Want to get started?
Call 1300 55 66 77 and speak to one of our advocates today or email info@aigroup.com.au.
Workplace Health and Safety & Bullying
Ai Group recognised the significant risk posed to corporations arising from the regulatory obligations under workplace health and
safety laws. In response to this we have established a team of experts who add value through the depth of their experience in both
assisting businesses in safety prosecutions, as well as ensuring that businesses have the right systems and policies which support
their workplace health and safety obligations.
We provide the full spectrum of work health and safety services including advising on interaction with the safety regulator and
participation with regulatory investigations into accidents or complaints of bullying, complying with or disputing Prohibition or
Improvement Notices, right of entry issues relating to health and safety, defending prosecutions and appearing in coronial inquests.
We provide tailored advice and assistance in meeting due diligence requirements through training, policy and procedure development
and implementation.
Ai Group has a team of workplace health and safety specialists which means that we can have resources "on the ground" rapidly to
assist with root cause analysis of safety incidents, systems and process improvements. We provide a holistic and timely approach to
dealing with an accident including:
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undertaking comprehensive investigations to identify risks and make recommendations on appropriate measures to eliminate or
control them;
considering all initiatives for reducing costs which may include negotiating enforceable undertakings; and
assistance with practical measures to manage the wellbeing of any affected workers/witnesses on site.
Workplace Relations and Employment Consulting Services
Many of your workplace related questions can be answered by calling our team of trained and experience advisers on the Workplace
Advice Service Infoline, however in some cases if the issues are more complicated or the project requires ongoing or in-house
assistance, Ai Group members can access our specialist advisers at member discounted rates.
With our vast industry experience gained from working for businesses of all sizes in a wide variety of sectors, proven capability in HR
and workplace relations - Ai Group’s Workplace Relations Advisers are the best placed to assist with all your people issues.
HR and workplace relations have become extremely complex and navigating the legal issues often requires specialist assistance. The
trouble is, these specialised resources may only be needed for a short time.
Our consulting services include:
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Review and drafting of employment policies
Negotiation, review and approval of workplace agreements
Representation in proceedings for unfair dismissal, workplace discrimination or harassment, dispute resolution or other workplace
relations and equal opportunity matters
Advice on performance management, disciplinary matters and the management of ill and injured workers
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Recruitment and selection advice
Assistance with termination of employment, including redundancy and transmission of business issues
Incident investigations (e.g. responding to complaints of harassment, discrimination or bullying)
Project/Contractor Management
Major project assistance, including project specific industrial relations management
Assistance with Code Compliance in the building/construction sector
Development and implementation of industrial relations strategies, including restructuring job redesign, redundancy,
outsourcing/off-shoring, transmission of business and outplacement
Advising in relation to workplace relations compliance investigations and engaging with the workplace regulator
Conducting compliance and management audits
Provision of onsite HR/IR resources
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Workplace Relations and Employment Legal Services
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Ai Group offers to its members the specialised legal services of its incorporated legal practice Ai Group Workplace Lawyers.
At Ai Group Workplace Lawyers, we understand that legal issues can be very stressful and distracting, and we make it our
business to leave you free to focus on your business. We offer an extensive national team that is highly skilled, focused on
solutions and easy to work with. Given the breadth of the specialised team at Ai Group Workplace Lawyers, which includes more
than thirty lawyers and workplace specialists, we are always accessible to respond to the issues that unexpectedly confront your
business.
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Safety Incident Legal Support Service
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The Safety Incident Legal Support Service offers members of Ai Group immediate advice and guidance from our safety lawyers on
what you need to do when a safety incident occurs within your workplace.
This service is available 24 hours a day, 7 days a week, 365 days a year.
Call 1300 55 66 77
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Ai Group Workplace Lawyers
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Backed by Ai Group and its far-reaching involvement in industry and workplace law reform, we can draw on a unique breadth of
experience across the full range of workplace issues that affect your business on a daily basis – regardless of the size of your
business.
We know that resolving a workplace problem may go beyond our answer to your legal question. We help employers find and
implement sustainable solutions to their workplace problems based on industry knowledge and commercial objectives, as well as
our legal expertise.
Our practical, commercial and no-nonsense approach has seen us become strategic partners in developing workplace solutions
for employers of all sizes including many major national and multinational corporations in manufacturing, technology, on-hire,
construction and energy, transport and airlines.
Instead of encountering the classic "pyramid structure" favoured by most other legal practices, you will principally be assisted by a
single specialist who will become familiar with your case and your business. This also means that there is greater control on costs,
but not at the expense of outcomes –our extensive team can always be utilised if and when the need arises, and in consultation
with you.
Through operating a specialised practice, we know that the workplace issues confronting your business today might have a root
cause elsewhere. As such, we regularly draw on the expertise of the broader Ai Group network to find and implement long-lasting
solutions to your workplace problems, even when your legal issues have been dealt with.
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Workplace Policies
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Workplace policies and procedures are necessary to clearly define the expectations which you as an employer have for your
employees, and set out the implications of unacceptable behaviour.
Ai Group has services available which provides practical assistance in shaping your workplace polices. At no additional charge to
members, our online tools, HR and Safety Resource Centres deliver guidance on issues regarding workplace policies as well as a
library of policy templates for members to use. The workplace relations team can also review, develop and assist in the
implementation of these policies. We can check that policies are reasonable and provide clear guidelines about what behaviour is
acceptable or unacceptable in your workplace.
Safety & Workers' Compensation Policy
Ai Group has strong relationships with governments and with the regulators of work health and safety and workers' compensation.
Your voice at the table when laws are written and debated
Ai Group regularly puts forward submissions to national and state government and regulatory bodies to represent the interests of our
members.
Click here to view our submissions
Understanding the Regulators
Find out what the regulators are really looking for to demonstrate compliance and contribute your feedback about your interactions
with them.
Members can view our Safety and Workers' Compensation Member Advices to keep up-to-date with recent developments.
Speak to the Regulators
Our relationship with the regulators means that we can give you access to senior people who can consider your issues.
If you would like to see how we can help, contact Tracey Browne tracey.browne@aigroup.com.au.
Ai Group's input is regularly sought by governments and regulators who want to understand industry views on issues that can be
complex and challenging for business. Governments and regulators know that you tell us your concerns – when we provide advice,
deliver training or meet with you to generally discuss your business issues. Governments and Regulators value the insight we can
bring on your behalf.
In addition to our jurisdictional contacts, at a national level Ai Group is a member of Safe Work Australia and the Asbestos Safety and
Eradication Council.
We also engage with a range of external bodies on matters of interest including:
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Australian Standards;
Mentally Healthy Workplace Alliance; and
Research bodies