Modern awards and enterprise agreements set the legal minimum for most Australian workers. Getting them right protects employees from underpayment and businesses from costly back-pay claims.
If you’re unsure what modern award, pay rates or other entitlements apply to your employees — or if you’ve been served with an underpayments claim — contact our team for a discussion.
If you believe you’ve been underpaid by your current or former employer, contact our team for a confidential discussion about your situation and the next steps.
Modern awards are instruments that set the minimum entitlements employees receive based on the industry they work in and their occupation.
Which entitlements apply depends on the employee’s qualifications and experience, the duties they perform, where they work, and the times they work between.
Modern awards apply to the majority of employees, but not all. Some are covered by an enterprise bargaining agreement (which generally applies instead of an award), and some occupations — including most accountants, solicitors and management positions — are not covered by any modern award.
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We assisted a startup by preparing tailored employment contracts and independent contractor agreements. The agreements clearly set out each party’s rights and responsibilities while complying with Australian employment laws.
With compliant agreements in place, the startup could focus on growth knowing the contracts protected each party’s rights, reduced the risk of misclassification disputes and supported scalability for long-term commercial success.
We represented an employee in the healthcare industry through a redundancy process, providing clear advice on his legal rights and entitlements. We ensured the process complied with the Fair Work Act 2009 (Cth) and the applicable award, reviewed the redundancy proposal and negotiated it with the employer. He approached the process with confidence, secured an outcome beyond the minimum entitlements and transitioned out of the business with peace of mind.
A growing plumbing business sought advice after identifying potential compliance issues with modern award coverage and classifications.
We conducted a comprehensive employee entitlements review, recommended practical changes and assisted with updating employment contracts and payroll practices. This improved compliance under the Fair Work Act 2009 (Cth) and minimised exposure to employee entitlements claims.
After 28 years with the same employer, our client was suddenly dismissed following allegations of misconduct without being given a fair opportunity to respond. We reviewed the employer’s disciplinary process, identified procedural shortcomings and established the reasons were not strong enough to warrant summary dismissal.
We represented him through the Fair Work Commission unfair dismissal process and negotiated with the employer. The matter settled before a final hearing — the client received 22 weeks’ pay (the cap is 26 weeks) and the termination was reclassified as a resignation to protect his future employment.
A construction business undergoing organisational change needed to make six positions redundant. We guided them through the consultation and redundancy processes required under the Fair Work Act 2009 (Cth), helping to complete the restructure lawfully while reducing the risk of redundancy-related disputes.
The restructure was successful and none of the affected employees filed claims in the Fair Work Commission.
A growing business faced a general protections involving dismissal application following a complex performance management process.
We provided strategic advice, represented the business throughout the proceedings and negotiated a commercial resolution that avoided a hearing. The matter was resolved efficiently, allowing the business to focus on operations and continued growth.
Our client, employed in the finance industry, was subjected to a disciplinary process alleging he had failed to disclose a criminal record. He had no criminal record at all.
We represented him throughout the process, demonstrated clearly to the employer that the allegation was baseless and put them on notice we would commence unfair dismissal or general protections proceedings if he were dismissed on that basis. The allegation could not be substantiated, our client remained employed and his reputation was protected.
Our client, employed in the public sector, was subjected to relentless bullying by a senior executive for over two years, which resulted in significant psychological harm supported by medical evidence.
We advised her on her rights and represented her throughout the Industrial Relations Commission stop-bullying application. The matter settled before a final hearing with a significant financial settlement close to the maximum amount available in a stop-bullying application.
Our client, in the hospitality industry, exercised her legal rights by raising grievances about workplace health and safety and her pay rate. The employer retaliated by placing her on a disingenuous performance improvement plan threatening termination.
The ‘performance issues’ had never been raised before the grievances. We wrote to the employer explaining the PIP constituted unlawful adverse action under the Fair Work Act 2009 (Cth) and asked for it to be stopped.
After discussions, the PIP was withdrawn, her grievances were properly investigated and she remained in her job.
