External HR Support & Advisory

Modern Awards and the National Employment Standards (NES) set the minimum employment conditions for employees covered by the national workplace relations system in Australia. 

• Modern Awards provide industry‑ or occupation‑based terms and conditions on top of the NES. 
• The NES are statutory minimum entitlements that all national system employees must receive, and other workplace instruments (like awards, enterprise agreements, or contracts) cannot provide for conditions that are less than the NES.

To stay compliant, organisations need to correctly identify:

• which Modern Award or Enterprise Agreement applies, 
• ensure employment contracts and policies meet minimum requirements, and 
• keep accurate records. 

This covers entitlements such as leave, flexible work arrangements, and applicable pay rates. Proper management of these obligations helps reduce the risk of disputes, regulatory inspections and penalties.

Frequently Asked Questions

Q1: How do I determine which Award or agreement applies?

Determining the correct instrument requires a structured approach:

• Identify the employee’s role and duties to understand the work performed.
• Determine the relevant industry or occupation, since Modern Awards are often industry-specific.
• Check for a registered Enterprise Agreement covering the workplace or employee.
• Compare Award and Enterprise Agreement provisions – Enterprise Agreements can override Awards but cannot provide less than NES entitlements.
• Confirm the employee is covered by the national workplace relations system, as some state public sector employees and certain senior roles may be excluded.
• Document your reasoning, including which Award or Agreement applies and why, to reduce compliance risk.

Assigning the wrong instrument can lead to underpayment claims, regulatory penalties and disputes, so a careful and documented approach is essential. 

Q2: What are the key obligations under the NES?

Employers must ensure that all national system employees receive the following minimum entitlements under the National Employment Standards (NES):

• Maximum weekly hours – generally 38 hours per week for full-time employees, plus reasonable additional hours.
• Requests for flexible working arrangements – eligible employees can request changes to hours, patterns, or location of work.
• Parental leave and related entitlements – unpaid parental leave up to 12 months, with right to request an additional 12 months.
• Annual leave – 4 weeks paid leave per year (5 weeks for certain shift workers).
• Personal/carer’s leave, compassionate leave, and unpaid family and domestic violence leave – including 10 days paid personal/carer’s leave per year.
• Community service leave – for voluntary emergency management activities or jury duty.
• Long service leave – statutory entitlement under state/territory legislation, usually after 7–10 years of continuous service.
• Public holidays – entitlement to a day off on a public holiday, or paid day if required to work.
• Notice of termination and redundancy pay – minimum notice periods and redundancy pay (where applicable) based on years of service.
• Provision of Fair Work Information Statement – must be given to all new employees at commencement.
• Casual conversion rights – certain long-term casuals have the right to request permanent employment

These entitlements cannot be reduced by a Modern Award, Enterprise Agreement, or contract, although other instruments can provide additional benefits. 

Q3: What are common areas of non-compliance?

Common pitfalls include:

• Misclassifying employees or applying the wrong Award
• Incorrectly calculating overtime, penalties, or allowances
• Failing to provide leave entitlements or maintain leave records
• Ignoring consultation obligations for changes to work arrangements

Q4: How often should compliance be reviewed?

Regular compliance checks are essential:

• Annually, to ensure pay rates and allowances align with modern Award updates
• Before contract changes or restructuring, to avoid inadvertent breaches
• After any legislative changes, including updates to NES provisions

Q5: What documentation should employers maintain?

Maintain detailed records for all employees, including:

• Time and wages records
• Leave balances and requests
• Agreements on flexible working arrangements
• Any correspondence relating to entitlements or employment conditions

Q6: What risks arise from non-compliance?

Risks include:

• Back-pay claims and penalties under the Fair Work Act
• Reputational damage from disputes or audits
• Increased likelihood of unfair dismissal or general protections claims
• Potential regulatory investigations by the Fair Work Ombudsman

Tailored employment contracts are a critical foundation for a legally compliant and productive workplace. Clear, comprehensive agreements help prevent misunderstandings, disputes and legal risk by ensuring that both employers and employees understand their rights, responsibilities and obligations.

A well-drafted contract covers key areas such as duties, remuneration, leave entitlements, confidentiality, intellectual property, termination procedures and compliance with applicable Modern Awards, Enterprise Agreements and the NES. Properly structured agreements provide certainty for both parties and reduce the likelihood of claims or disputes.

Frequently Asked Questions

Q1: Why are employment contracts important?

Employment contracts formalise the terms of employment, ensuring both parties understand their obligations and entitlements. They reduce the risk of disputes, clarify expectations and provide a legal framework for addressing workplace issues.

Q2: What key elements should an employment contract include?

At a minimum, a legally compliant contract should cover:

• Job title, duties and reporting lines
• Remuneration and pay frequency
• Working hours, overtime and shift arrangements
• Leave entitlements and policies
• Confidentiality, intellectual property and restrictive covenants (if applicable)
• Termination procedures and notice periods
• Reference to applicable Modern Awards, Enterprise Agreements or the NES
• Any other relevant terms specific to the role or organisation

Q3: How do employment contracts interact with Awards, Agreements and the NES?

Contracts must comply with the NES and cannot provide conditions less than statutory minimums. Modern Awards or Enterprise Agreements may provide additional or higher entitlements, which contracts must respect. If an Award or Agreement covers the role, the contract should reference it and align with its provisions.

Q4: Can terms be negotiated?

Many terms can be negotiated, provided they do not reduce NES minimums or breach applicable Awards or Agreements. Common negotiable items include flexible working arrangements, salary packaging or additional leave.

Q5: How often should employment contracts be reviewed?

Regular review is essential to ensure contracts remain legally compliant and reflect changes in:

• Legislation, Awards or Enterprise Agreements
• Employee roles or responsibilities
• Organisational policies or operational needs

Q6: What are the risks of poorly drafted contracts?

Risks include:

• Unclear obligations or entitlements leading to disputes
• Breach of employment law or Awards resulting in claims or penalties
• Exposure to unfair dismissal or general protections claims
• Challenges enforcing confidentiality or intellectual property provisions

Promptly addressing conflicts and misunderstandings is key to maintaining a productive and legally compliant workplace. Proactively managing disputes helps preserve morale, prevent costly legal challenges and promote teamwork and employee well-being.

Effective dispute resolution involves identifying issues early, understanding the underlying causes, following clear processes, and ensuring all parties are treated fairly. It can cover disagreements over performance, pay, conduct, workplace policies or interpersonal conflicts, and is an important step in mitigating risks of formal complaints or legal claims.

Frequently Asked Questions

Q1: Why is workplace dispute resolution important?

Resolving disputes early reduces the risk of escalation, legal claims and disruption to the workplace. It also maintains employee engagement, trust and productivity.

Q2: What steps should an organisation take when a dispute arises?

Typical steps include:

• Identifying and acknowledging the issue promptly
• Listening to all parties involved to understand perspectives
• Reviewing relevant policies, procedures and employment agreements
• Facilitating a discussion or mediation to reach a fair outcome
• Documenting actions and decisions for accountability and compliance

Q3: What are common types of workplace disputes?

Common disputes include disagreements about:

• Work performance or supervision
• Pay, entitlements or contract terms
• Bullying, harassment or misconduct
• Policy interpretation or organisational change
• Interpersonal conflicts between colleagues or teams

Q4: How can disputes be resolved effectively?

Disputes are most effectively resolved by encouraging open communication, applying policies consistently and seeking early resolution through discussion, coaching or mediation. Formal processes or escalation should only be used if necessary.

Q5: When should legal advice or external assistance be sought?

External advice may be necessary if a dispute cannot be resolved internally, there is a risk of legal claims such as unfair dismissal, general protections or discrimination, or if mediation or conciliation with a third party is required. 

Q6: What documentation should be kept?

Employers should maintain records of:

• Details of the dispute and all parties involved
• Steps taken to investigate and resolve the matter
• Outcomes and agreements reached
• Any follow-up actions required

Q7: What are the risks of not resolving workplace disputes?

Failing to manage disputes can lead to decreased morale and productivity, escalation to formal complaints or legal claims, regulatory investigations and penalties, and damage to workplace culture and reputation.  

Terminating employees or managing redundancies is a complex area that requires careful planning and strict compliance with employment law. Incorrect processes can lead to unfair dismissal claims, penalties, or reputational damage.

Our service helps your organisation navigate these processes with fairness and clarity. We provide guidance on policy compliance, risk assessment, redundancy calculations, and conducting termination meetings. By ensuring a consistent and legally sound approach, we minimise the risk of disputes and protect your business.

Frequently Asked Questions

Q1: What’s the difference between termination and redundancy?

Termination occurs when an employee’s contract ends due to performance issues, misconduct, or other reasons specific to the individual. Redundancy arises when a role itself is no longer required, often due to organisational restructuring, technological change, or downsizing. Unlike general terminations, redundancies require consultation and consideration of redeployment options under the Fair Work Act.

Q2: What are the key legal steps for a fair termination?

A fair termination generally involves:

• Documenting the reason - performance concerns, misconduct incidents, or business needs.
• Providing warnings or performance improvement opportunities, if applicable.
• Conducting a proper termination meeting - clearly explain the reason, outline entitlements, and maintain a respectful tone.
• Issuing a termination letter - include notice period, final pay, and accrued leave.
• Finalising entitlements - ensure all leave, superannuation, and payments in lieu of notice are correct.

Skipping or shortcutting any step can increase the risk of an unfair dismissal claim, even if the reason for termination is valid.

Q3: What process should be followed for redundancies?

Redundancy is highly regulated to ensure fairness:

• Assess genuine redundancy - confirm the role is no longer required and cannot be reasonably redeployed.
• Consultation - discuss the change with the affected employee(s) and, where applicable, their representatives.
• Notice period and pay - provide statutory or contractual notice, plus redundancy pay based on years of service.
• Consider redeployment - assess if suitable alternative roles are available within the organisation.
• Documentation - maintain detailed records of consultation, decision-making, and calculations to mitigate potential disputes.

Q4: Can an employee be made redundant or terminated immediately?

Immediate termination is only lawful in cases of serious misconduct. Redundancies and standard terminations require notice, consultation, and careful documentation. Failure to follow correct procedures can result in unfair dismissal claims, penalties, and reputational damage.

Q5: How are entitlements calculated in terminations and redundancies?

Entitlements may include:

• Accrued annual and long service leave
• Payment in lieu of notice
• Redundancy pay, calculated according to years of service and relevant awards
• Superannuation on final payments

Correct calculation is critical as errors can lead to legal claims or penalties. Each case must also consider Modern Award rules, employment contracts, and statutory requirements.

Q6: What documentation is essential for compliance?

For every termination or redundancy, maintain:

• Termination or redundancy letters
• Records of consultations or performance improvement plans
• Evidence of consideration for redeployment
• Calculation sheets for final entitlements
• Notes on decision-making rationale to demonstrate procedural fairness

Q7: How can organisations reduce the risk of disputes?

Consistent, transparent, and well-documented processes reduce the likelihood of claims. This includes:

• Following policy and statutory obligations
• Communicating clearly with employees
• Keeping detailed records of every step in the process
• Ensuring entitlements are accurate and delivered promptly

Clear, practical and legally compliant policies provide a consistent framework for decision-making, helping align expectations across your organisation. Effective policies reduce misunderstandings, minimise risks and create a fair, transparent work environment that supports long-term success.

We assist organisations in developing new policies or reviewing and updating existing policies to ensure they are compliant with legislation, Awards, Enterprise Agreements and best practice. Well-structured policies help employees understand their responsibilities and rights, and give managers guidance for consistent and legally compliant decision-making.

Common examples of policies and their purpose include:

• Code of Conduct – outlines expected behaviours, ethics and standards for employees
• Bullying and Harassment Policy – protects staff from inappropriate behaviour and provides a clear complaint process
• Leave and Flexible Work Policy – clarifies entitlements and procedures for requesting time off or flexible arrangements
• Workplace Health and Safety (WHS) Policy – ensures compliance with safety legislation and promotes a safe work environment
• Confidentiality and Privacy Policy – protects sensitive information and meets legal requirements
• Performance Management and Disciplinary Policy – sets out fair procedures for managing performance issues

Frequently Asked Questions

Q1: Why are workplace policies important?

Policies provide a legally compliant framework for decision-making and ensure consistent treatment of employees. Well-designed policies help organisations:

• Mitigate the risk of disputes, unfair treatment claims or regulatory breaches
• Support managers in making consistent, defensible decisions
• Demonstrate compliance with Awards, Enterprise Agreements and legislation
• Promote a positive workplace culture and transparency

Q2: Can we review and update our existing policies?

Yes. Policies should be regularly reviewed to ensure they reflect current law, industry standards and organisational practices. Reviews typically consider:

• Changes to legislation, NES entitlements or Awards
• Lessons learned from workplace incidents or disputes
• Alignment with updated organisational procedures or technology
• Emerging workplace risks such as hybrid work or cyber security

Q3: What types of policies should an organisation prioritise?

While policies vary by industry, key areas include:

• Workplace conduct, ethics and values
• WHS and safety procedures
• Leave entitlements and flexible work arrangements
• Bullying, harassment and grievance handling
• Confidentiality, privacy and information security
• Performance management and disciplinary processes
  Prioritising these areas helps reduce legal exposure and provides employees with clear guidance.

Q4: How do policies benefit employees and the organisation?

Policies create clarity for both employees and managers. They:

• Ensure employees understand their rights, obligations and expected behaviour
• Provide managers with guidance for consistent decision-making
• Reduce misunderstandings and conflicts
• Support compliance with legislation and Awards, lowering the risk of claims

Q5: Can policies be customised to our organisation?

Yes. Policies should reflect your organisation’s operations, culture and workforce. Customisation helps ensure policies:

• Are relevant and practical for your workplace
• Align with existing procedures, workflows and systems
• Avoid gaps that could create legal or operational risks

Q6: How often should policies be reviewed and updated?

Regular review is critical. Policies should be updated:

• Whenever legislation, Awards or Enterprise Agreements change
• Following organisational restructuring, new roles or procedures
• After incidents that highlight gaps or improvements
• On a scheduled basis (e.g., annually) to ensure ongoing compliance

Q7: How can policies be implemented effectively?

Effective implementation involves:

• Communicating policies clearly to all staff
• Providing training where needed, e.g., WHS, bullying prevention
• Monitoring compliance and addressing breaches consistently
• Documenting staff acknowledgement of policies to protect the organisation

Q8: Do you provide ready-to-use handbooks?

Yes. Policies can be incorporated into Employment Handbooks and WHS Handbooks, available for purchase via our website shop. Handbooks combine multiple policies into a single accessible document, ready to tailor to your organisation and help demonstrate compliance to employees and regulators.

A well-crafted Employee Handbook is the central reference point for staff, combining policies, procedures and guidance into a single, accessible document. It sets clear expectations, reinforces organisational values and ensures consistency in rights and responsibilities across the workplace.

Handbooks help reduce risks, improve understanding and promote a positive work culture by clearly outlining employment conditions, workplace standards and key organisational policies. They also demonstrate to employees and regulators that your organisation communicates expectations effectively and meets its legal obligations.

Frequently Asked Questions

Q1: What is the purpose of an Employee Handbook?

An Employee Handbook serves as a central reference for staff, outlining employment conditions, workplace expectations and organisational values. It helps organisations:

• Communicate policies consistently
• Reduce confusion about rights and responsibilities
• Promote transparency, accountability and fairness
• Provide evidence of compliance with legislation, Awards or Enterprise Agreements

Q2: What should be included in an Employee Handbook?

Essential content typically includes:

• Employment conditions, roles and duties
• Leave and flexible work arrangements
• Workplace conduct, ethics and values
• WHS procedures and emergency protocols
• Bullying, harassment and grievance procedures
• Confidentiality and privacy obligations
• Performance management and disciplinary processes

Q3: Can we include our existing policies in a handbook?

Yes. Handbooks can integrate existing policies, along with any new policies developed, providing employees with a single, accessible reference. This ensures consistent communication and makes it easier for staff to understand obligations.

Q4: How do handbooks support compliance?

Handbooks provide documented evidence that:

• Employees have been informed of policies and procedures
• The organisation communicates expectations and legal rights
• The employer is actively mitigating risks and promoting a fair workplace

Q5: How often should an Employee Handbook be updated?

Handbooks should be reviewed whenever:

• Legislation, Awards or Enterprise Agreements change
• Organisational policies, procedures or structure change
• Employee feedback or incidents indicate improvements are needed
  Regular review ensures the handbook remains relevant and legally compliant.

Q6: Are handbooks legally enforceable?

While a handbook itself is not a contract, clear policies and guidelines in a handbook:

• Can support disciplinary actions, performance management or grievance handling
• Provide evidence of communication and compliance in disputes or investigations
• Reduce the risk of inconsistent treatment or misunderstanding

Creating a motivated and productive workforce starts with fostering engagement and setting clear expectations. A strong performance management system helps employees understand their goals, recognise their contributions and develop their skills. It also supports managers in giving consistent feedback and making fair evidence-based decisions.

Engaged employees are more likely to stay, contribute fully and collaborate effectively, which reduces turnover, inefficiency and workplace conflicts. Performance management systems provide a structured approach to aligning individual performance with organisational objectives while ensuring fairness and transparency.

Frequently Asked Questions

Q1: Why is employee engagement important?

Engaged employees are committed to the organisation’s goals, perform better and contribute positively to the workplace culture. Strong engagement reduces turnover, improves collaboration and supports overall business success.

Q2: What is performance management?

Performance management is the ongoing process of setting objectives, monitoring progress, providing feedback and reviewing outcomes. Effective systems help:

• Clarify individual roles and expectations
• Identify skill gaps and development opportunities
• Recognise and reward achievements
• Address performance issues fairly and consistently

Q3: How do you set effective performance goals?

Effective goals are:

• Specific, measurable, achievable, relevant and time-bound (SMART)
• Aligned with team and organisational objectives
• Communicated clearly to employees
• Reviewed regularly to track progress and adjust as needed

Q4: How can engagement be improved in the workplace?

Strategies to boost engagement include:

• Providing regular feedback and recognition
• Encouraging employee input and participation in decision-making
• Supporting professional development and career growth
• Promoting a positive workplace culture and wellbeing initiatives

Q5: How often should performance be reviewed?

Performance should be reviewed on a regular basis, not just during annual reviews. Best practice includes:

• Continuous feedback and coaching throughout the year
• Formal reviews at set intervals (e.g. annually or biannually)
• Adjustments to goals or development plans as roles evolve

Q6: How does performance management support compliance?

A well-structured performance management system ensures decisions are fair, consistent and documented, which can help protect the organisation in:

• Dispute resolution or grievance claims
• Unfair dismissal or general protections claims
• Regulatory or auditing reviews

Q7: What are the risks of poor engagement and performance management?

Without clear systems and engagement strategies, organisations risk:

• Lower productivity and morale
• Higher turnover and recruitment costs
• Increased workplace conflicts and disputes
• Potential legal exposure from inconsistent treatment or poor documentation

Workforce planning involves strategically aligning staffing levels, skills and roles with your organisation’s business goals and market demands. Effective planning ensures you have the right people in the right roles at the right time, minimising gaps, inefficiencies and turnover.

By anticipating workforce needs, organisations can prepare for growth, succession and changing market conditions, while also managing labour costs and maintaining operational efficiency. Workforce planning also supports compliance by ensuring roles are appropriately classified under Awards, Enterprise Agreements or contracts.

Frequently Asked Questions

Q1: Why is workforce planning critical for organisations?

Workforce planning ensures your organisation has the right mix of skills, roles and staffing levels to meet business objectives. It reduces operational risk, prevents gaps in critical functions and supports long-term growth. Poor planning can lead to overstaffing, understaffing, or reliance on temporary staff, which increases costs and disrupts productivity.

Q2: What steps are involved in effective workforce planning?

Effective workforce planning goes beyond counting staff. Key steps include:

• Workforce analysis - Assess current skills, roles, performance trends and turnover rates.
• Future forecasting - Identify staffing needs based on business strategy, market trends and projected growth.
• Gap analysis - Compare current capabilities to future needs and identify training, recruitment or redeployment requirements.
• Role alignment - Ensure positions are correctly classified under Modern Awards, Enterprise Agreements or employment contracts.
• Monitoring and adjustment - Review plans regularly and adjust for organisational changes, technology updates or market fluctuations.

Q3: How does workforce planning protect compliance and reduce risk?

Strategic planning supports legal compliance by ensuring:

• Employees are classified correctly and receive the appropriate pay, entitlements and working conditions.
• Hiring, promotion and redundancy decisions are fair, transparent and defensible in the event of disputes.
• Succession planning is in place for critical roles, reducing reliance on temporary arrangements that can create regulatory risk.

Q4: How can workforce planning improve retention and engagement?

A proactive approach to workforce planning identifies potential skills gaps and career development opportunities, helping employees feel valued and supported. Clear role definitions, transparent career paths and ongoing training programs all contribute to higher engagement and lower turnover.

Q5: What are the risks of poor workforce planning?

Without a strategic plan, organisations can face:

• Overstaffing or understaffing, increasing costs or causing burnout
• Skills shortages in critical areas, affecting service delivery and quality
• Increased reliance on casual or temporary labour, creating compliance and continuity risks
• Higher employee turnover, recruitment costs and lower morale
• Potential disputes related to role classification, pay or entitlements

Q6: How often should workforce plans be reviewed?

Workforce plans should be dynamic and revisited at least annually, or more frequently when:

• Business objectives, strategy or market conditions change
• There are significant organisational restructures, mergers or acquisitions
• Key roles are vacated or new critical functions are introduced
• Legislation, Modern Awards or Enterprise Agreements affecting roles change

Q7: Can workforce planning be linked to performance and succession management?

Yes. Integrating workforce planning with performance management and succession planning ensures:

• High-performing employees are identified and developed for critical roles
• Talent pipelines are maintained for future leadership and key technical positions
• Training and development resources are allocated efficiently

Employment laws are constantly evolving, and keeping up with changes is critical for compliance and risk management. New legislation, Modern Award variations, Enterprise Agreement amendments or court decisions can impact pay rates, leave entitlements, workplace policies and other obligations.

A proactive approach to legislative updates ensures your organisation remains compliant, reduces the risk of disputes or penalties and allows you to adjust policies, procedures and contracts in a timely manner. Staying informed also supports strategic decision-making and helps maintain a positive workplace culture.

Frequently Asked Questions

Q1: What kinds of changes should organisations monitor?

Organisations need to keep track of a variety of changes that can affect operations and compliance. 

These include updates to Modern Awards such as pay rates, classifications and allowances, as well as amendments to Enterprise Agreements that alter employee conditions, consultation requirements or dispute resolution procedures. Changes to the National Employment Standards (NES), including leave entitlements, notice periods, maximum weekly hours or flexible work rights, also require attention. Additionally, workplace health and safety laws, anti-discrimination and privacy legislation, and relevant case law or tribunal decisions can create obligations that organisations must address. 

By monitoring these developments, your organisation can adjust policies, payroll, and operational processes before issues arise.

Q2: How can legislative updates be implemented effectively?

Implementing changes requires a structured approach. Begin by reviewing policies, procedures and contracts to identify what needs updating. Communicate relevant changes to employees in clear, accessible language and provide managers or HR staff with training on procedural or compliance requirements. Ensure payroll, rostering and HR systems reflect the updates accurately, and maintain documentation of all changes and communications. 

This structured approach reduces the risk of compliance breaches and helps employees understand their rights and responsibilities.

Q3: How often should legislative updates be reviewed?

Because employment legislation evolves continuously, monitoring should be ongoing. 

Formal reviews should be scheduled at least annually or biannually, and additional event-driven reviews should occur whenever changes directly affect pay, entitlements, or workplace obligations. Continuous monitoring ensures your organisation remains compliant, reduces legal risk and maintains operational continuity.

Q4: What are the risks of not keeping up with legislative changes?

Failing to respond to legislative updates exposes your organisation to significant risk, including:

• Financial penalties – underpayments, overpayments or breaches of statutory obligations
• Employee disputes – grievances, unfair dismissal claims or general protections complaints
• Regulatory action – audits, inspections or formal investigations by authorities such as the Fair Work Ombudsman
• Reputational damage – loss of trust among employees, clients and stakeholders
• Operational disruption – last-minute corrections to payroll, policies or processes that create inefficiency and stress

Q5: How can businesses stay informed?

To keep up to date, organisations should:

• Subscribe to updates from regulators such as the Fair Work Ombudsman and Safe Work authorities
• Monitor Modern Awards, Enterprise Agreements and NES changes relevant to your workforce
• Engage legal or HR advisors for tailored advice, briefings and summaries of key changes
• Participate in industry associations or professional networks for sector-specific guidance
• Assign internal responsibility for tracking and communicating updates to relevant teams

Proactive monitoring and structured implementation processes allow organisations to stay compliant, reduce risk and respond to legislative change efficiently.