Business Law WA has experience with workplace relations and workplace safety matters. Our lawyers are experienced in providing advice on Industrial Relations (IR) disputes and matters and Employee Relations (ER) issues. Our expertise can help limit transaction costs associated with IR and ER disputes by quickly solving underlying problems and creating pragmatic and practical solutions that last.
We are focused on best achieving our client’s goals whilst adhering to the legislative framework surrounding workplace relations and safety. We ensure clients are informed as to potential legal risks and help develop strategies that can minimise or eliminate those risks.
Workplace Occupational Health and Safety is also a key priority for us. Our experience and knowledge allow us to actively manage OH&S risks on an ongoing basis whilst catering for complex client needs.
The early resolution of disputes benefits businesses by reducing expenditure and increasing productivity. This often requires that disputes be dealt with in a sensitive and timely manner, whereby the sooner the dispute is settled, the better the outcome for everyone.
We are able to provide advice on settling disputes with employees or other businesses that may arise, such as contractual disputes, without the need to proceed to litigation. We can help model dispute strategies that effectively quell disputes before they become an issue and an action plan for when disputes do proceed further. We are able to represent businesses at Fair Work Commission matters that may arise, or in court if litigation is necessary.
We can also ensure that contracts you enter into and contracts you provide (employment or goods and services, for example) contain sufficient protections for yourself if a dispute does arise, and ensure that best practices are contractually put in place should a dispute arise.
We can draft and review all of your commercial contract needs.
Are your employment contracts up to date? We can review your employment contracts to ensure they protect your interests as an employer whilst ensuring the contract terms are lawful and meet the minimum employment standards.
Goods and Services Contracts
We are able to draft up and review your standard commercial goods and services contracts. We can ensure that your contracts do not contain unfair terms, whilst still protecting your commercial interests. This is particularly important when dealing with members of the public, as they are often protected by the relevant consumer law.
Bespoke Contract Requirements
Often for unique transactions, a standard-form contract cannot be used. In these circumstances, it is best to use a bespoke contract to ensure that your interests are protected, and the contract itself remains lawful and in-force. We are able to draft contracts for a range of different transaction agreements to best suit your needs.
If you need help managing an employee or group of employees, our team can guide you on the best port of call by advising you on your rights and obligations in communicating issues to employees and enacting strategies to combat poor workplace performance.
Addressing employee misconduct can also be a precarious area that may require skillful handling in order to ensure the misconduct is properly managed and dealt with. Managing misconduct comes in a variety of different forms including employee training and disciplinary actions. Disciplinary action must be properly undertaken to ensure that fair work practices are followed, and if a dismissal is necessary, the relevant dismissal procedures are respected.
We also can prepare a tailored performance management and misconduct guides for your business so that your managers and supervisors have the information needed to appropriately respond to such situations when they arise.
Under state and federal legislation, workplaces are required to be free from discrimination and found to promote equal opportunity. It is important for businesses to understand their rights and liabilities with regard to these laws. By putting effective anti-discrimination and anti-harassment procedures in place in your business you can improve productivity and increase efficiency. We are able to advise on the best way to adopt and apply these procedures to everyday business practices to ensure you remain liability free.
Taking on people facing barriers to employment is often overlooked by employers and can be a useful way of diversifying the skill set within a business. There are funding and incentive schemes available for businesses that support people with a disability, Indigenous Australians, the long-term unemployed and the mature-aged. We are able to help with ensuring that if you are entitled to any of the incentive schemes, that you receive them.
We are able to provide generalist advice regarding discrimination and equal opportunity and create long-lasting, bespoke solutions to ensure your business runs efficiently, and within the law.
Our people have extensive experience dealing with Fair Work Commission matters. Our expertise can ensure that workplace practices are put in place to prevent matters progressing to the Commission.
However, if you are faced with a matter involving the Commission, we are able to help. The Fairwork Commission will often be engaged when there are allegations of unfair dismissal, workplace bullying, or other general protections. We are able to assist in lodging responses and appearing before the Tribunal on behalf of clients in all instances.