Employment Law
Your Gold Coast Leader in Employment Law
In all areas of Employment Law, Blossom Lawyers can help you. If you need assistance on employment matters such as contracts, risk management, unfair dismissal, workplace behaviour, awards, negotiations, general protections, claims and more, talk to Blossom Lawyers about how we can work for you.
What is Employment Law?
Employment Law, also known as Labour Law or Workplace Law, regulates the relationships between employers/employees and, in some instances, principals/contractors. Employment Law issues include:
- Minimum employee entitlements and conditions,
- Basis for unfair dismissal,
- Protections against certain actions involving employees and contractors,
- Discrimination and reasonable adjustments,
- Bullying and harassment,
- Processes for making workplace decisions,
- Steps to take when making redundancies,
- Breach of obligations to an employee or contractor, and
- Claims, reinstatement, compensation and penalties.
Cut Through the Confusion
Employment issues can be confusing and stressful for employers. There are many rules and regulations that need to be considered and complied with when dealing with employment issues, and getting this wrong can result in costly consequences for employers. With Blossom Lawyers' expertise in all facets of Employment Law, our clients have confidence in our services and their outcomes. We keep you fully informed on all developments and strategies, and take your instructions about how you wish to proceed; so we provide you with our advice and recommendations, but you stay in control of the decision making in your matter.
Legislation
Employment Law is governed by several pieces of legislation depending on which state you are in, and whether you work in the public or private sector. In Queensland, private sector workplaces are covered by the Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth) as well as other state and federal based legislation.
Although the numerous legislative requirements make employment law a complex minefield to navigate, employers need to ensure that they comply with all applicable legislation. Blossom Lawyers are experienced employment lawyers that can advise employers/employees on which legislation covers their employment, and what this means for them in terms of obligations and entitlements.
Enterprise Agreements
Some employer/employee relationships are governed by enterprise agreements. This is a document that sets out the obligations and entitlements that apply to the employment relationship. Blossom Lawyers can interpret the enterprise agreement and provide advice to employers/employees on how it should be applied in response to employment issues as they arise. You can search the Fair Work Commission website to see if the employment relationship is governed by an enterprise agreement, which is where all enterprise agreements can be found.
Modern Awards
A Modern Award is a legal document that sets out the obligations and entitlements relating to the employment in a specific industry or job. This includes monetary matters such as minimum wages, overtime rates, penalty rates and allowances, but also covers matters such as the hours of day employees can work, taking breaks, and consultation and dispute resolution processes that need to be followed.
Blossom Lawyers' Principal, Holly Mylne, has comprehensive knowledge of the award system in Australia and can advise and represent employers/employees on award matters.
What Is the Fair Work Commission?
The Fair Work Commission is Australia’s national workplace relations tribunal. Some claims need to be made to the Fair Work Commission before you can take them to court, and strict timeframes are in place to make an application to the Fair Work Commission – some as little as 21 days when the matter involves termination, so it is important to seek urgent legal advice in employment matters.
Based on the Gold Coast and led by our Principal, Holly Mylne, we can help you with matters relating to the Fair Work Act 2019 (Cth) and Fair Work Commission. Our expertise spans all areas of Employment Law, such as:
- Redundancy processes and entitlements,
- Consultation requirements under the Fair Work Act 2009 (Cth),
- Disciplinary and performance management procedures,
- Anti-bullying and anti-discrimination,
- Applicable Modern Award,
- Modern Award entitlements, and
- Issues between employers and employees, and principals and contractors.
Claim Protection and Prevention
Seeking legal advice early on can equip employers with the information they need to reduce the likelihood of an employment claim being made against them. For example, failure by an employer to follow all required steps in the redundancy process or a disciplinary procedure can expose the employer to an unfair dismissal claim, general protections claim, or a breach of contract claim.
This can result in an employer being required to reinstate an employee, make compensation payments to a former employee, pay penalties for failing to comply with the employer’s obligations, or paying for its own legal costs even if a claim is successfully defended. It is important therefore to make sure as an employer you have proper agreements and policies/processes in place before an issue arises; not just waiting until a claim/application is made before this becomes a priority.
Blossom Lawyers drafts employment contracts and contractor’s agreements to best protect the employer/principal against potential employment claims or actions.
Claim Representation
Blossom Lawyers acts for employers/employees in jurisdictions including the Fair Work Commission, Magistrates Court, Federal Circuit Court of Australia and Federal Court of Australia. We represent clients in claims and complaints involving:
- Unfair dismissal,
- General protections,
- Breach of contract,
- Discrimination claims or complaints,
- Anti-bullying.
Claimants are generally seeking:
- Reinstatement or compensation,
- Payment of lost remuneration,
- Continuity of employment or period of continuous service.
Negotiations
When employment claims are made or foreshadowed, they can be resolved before they escalate. Blossom Lawyers assists clients in negotiating settlements, drafting terms of settlement, and protecting employers from future claims by employees/contractors.
Breach of Contract
Our Principal, Holly Mylne, has assisted clients in matters involving a breach of contract and making or defending claims for loss and damage due to a breach. We also help with seeking injunctions to prevent a breach occurring and causing damage, such as an injunction to prevent an employee from breaching the restraint clause in their employment agreement.
Our Employment Law Services
FAQ
Employment and workplace/industrial relations are governed by legislation and standards including:
- Fair Work Act 2009 (Cth)
- Fair Work Regulations 2009 (Cth)
- National Employment Standards
- Work Health and Safety Legislation
- State and Federal anti-discrimination laws
- Privacy Act 1988
- Modern Awards
The Fair Work Act 2009 (Cth) is the benchmark for Employment Law in Australia. However, it is supplemented by other federal, state and territory laws and exceptions do apply in some workplaces. Workplace sectors also have Modern Awards specific to occupations and services.
Australia’s Fair Work Commission has responsibility for promoting compliance with Australian workplace laws and educating Australians about rights and responsibilities in the workplace. The Commission also helps resolve workplace issues, though only if it chooses to investigate.
Contact Blossom Lawyers
Our Principal Holly Mylne can help you with all Employment Law matters.
Contact us today to find out how we can help you.
Holly Mylne, our Principal at Blossom Lawyers, has successfully represented employers and employees in a range of employment law matters.
To view our full range of employment law services click here.
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