Workplace and Employment Law

Employment Law WA

CCIWA has an experienced and innovative legal practice that specialises in workplace relations and employment law matters for businesses of all sizes

We have a large team of specialist employment lawyers with substantial experience and success in assisting businesses to ensure their workplaces are legally compliant, safe and productive.

Our hands-on approach will ensure we develop a comprehensive understanding of your business and work with you to develop practical solutions for your workplace issues so that you can focus on your business.

Client’s needs first, not our fees

We draw on 130 years of experience working with WA businesses
to provide practical and cost-effective workplace relations advice.
The needs of CCIWA Members and Clients are our first priority.

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Our employment law services

Unfair Dismissal Claims
We understand that not everything will always go right and that receiving an unfair dismissal, general protections, discrimination, or underpayment claim can be incredibly upsetting and stressful.

Our skilled team of experts is available to defend your business in the Fair Work Commission, Federal Court of Australia, Equal Opportunity Commission or in any other court or tribunal that you may receive a claim.

To assist with the initial stages of defending an unfair dismissal claim, we offer a fixed fee of $3,300* GST inclusive. which will reduce the stress of defending a claim, allowing you to focus on running your business. Where possible, we’ll arrange fixed-fee pricing which will reduce the stress of defending a claim, allowing you to focus on running your business.

*Subject to terms and conditions

Enterprise Agreements and Bargaining Strategies
Our team brings a vast amount of experience in strategic bargaining and has achieved sensible and commercially beneficial outcomes for many WA businesses. We work with you to understand the goals you are seeking to achieve by introducing an enterprise agreement into your organisation, and then help you develop strategies and negotiation plans to best position you to obtain those outcomes.

Our practical experience in bargaining will also level the playing field against union bargaining representatives and other experienced industrial relations advocates when navigating the complexities of the Fair Work Act and modern awards framework.

We also understand what issues might arise in the lodgement and approvals process of the Fair Work Commission, and help to draft unambiguous enterprise agreements, that are more likely to pass the better off overall test, as well as be straight forward and easy to interpret and for your employees to read and understand.

Workplace Investigations
It is critical that claims of harassment, bullying or other types of misconduct are investigated in an effective and fair way when required. If not conducted properly, an investigation may expose a business to further risk and liability and should always be undertaken by a suitably qualified and skilled person.

Our team of experienced workplace investigators understand how to best manage the sensitive nature of many claims as well as the procedural rules and technical requirements of investigations and ensure that they are undertaken in an impartial, confidential, consistent, and fair manner.

We’ll also offer alternatives to an investigation where appropriate, including mediation or legally privileged advice and guidance.

Underpayments Claims
Our team can assist with responding to underpayment claims received from employees, unions or the Fair Work Ombudsman.

We’ve all read about cases of high-profile Australian businesses underpaying their staff in the media.

Recent award changes have increased the likelihood of accidental underpayments. Businesses of all sizes and across all sectors have been caught out – even those with well-informed and resourced HR teams who thought they had it covered. One underpayment case could turn into a serious breach in workplace law, high penalties and significant reputational damage and costs to the business.

We can assist with pay rate calculations to reduce the risk of underpayment and ensure your business is complying with the modern award. We provide assistance with all the complex considerations to be taken into account when determining the correct rates of pay, such as award coverage and classification levels.

Right of Entry and Union Disputes
If you receive a claim, notice or any other correspondence or documentation from a union that you do not understand, we are here to help.

Unions are frequently involved in workplace matters and our team has substantial experience in assisting employers to advise on or manage union right of entries and defend unlawful industrial action.

We regularly work with employers to manage other union-related matters including attendances at disciplinary meetings, underpayment or other wage-related disputes, enterprise agreement related disputes, work health and safety issues and other industrial disputes.

Employment Contracts
Our Legal team can draft and review your employment contracts, policies, and procedures to ensure your business is following best practice documentation while keeping you up to date with any changes to legislation and awards.

We review existing sets of contracts or can create a new set of customised contracts for your business, from apprentices all the way up to senior management and executives. This includes assistance with all the complex considerations for a written contract such as:

• The relevant Modern Awards which covers your workforce
• Arrangement of working hours and pay structures
• Set off clauses for salaried employees or all-inclusive hourly rates
• Recommended modes of employment (e.g. full-time, part-time, casual, daily hire)
• Assistance with temporary contracts for fixed-term or project-based work
• Licence requirements (e.g. driver’s licence, working with children’s check)
• Provisions for leave entitlements under the National Employment Standards
• Protections for confidential information
• Protections for intellectual property
• Restraint of trade and non-solicitation clauses

Our price for a standard contract of employment is $1,650 GST inclusive. This price may vary depending on your specific needs.

Workplace Policies
As businesses grow, it is easy to forget that a well-drafted set of customised policies and procedures can be important to help mitigate legal risks as well as help manage employee performance and misconduct. We regularly assist employers to prepare and implement workplace policies, including:

• Employee code of conduct
• Drug and alcohol policy
• Grievance resolution procedure
• Performance management and disciplinary procedure
• Anti-bullying policy
• Sexual harassment policy
• E-mail and internet usage policy
• Flexible work policy
• Social media policy
• Equal opportunity policy (anti-discrimination)
• Personal leave policy
• Family and domestic violence leave policy
• Mobile phone policy
• Smoke-free policy
• Motor vehicle policy
• Dress policy
• Privacy policy.

We can provide a full suite of these essential policies and procedures for $8,250 GST inclusive.

Or create a bespoke set of policies and procedures tailored to your organisation as required.

We can also review your business’ existing policies to ensure compliance with changes to legislation, case law or best practice.

Liability limited by a scheme approved under Professional Standards Legislation.

Workplace Health and Safety Checklist

Fixed Fee for Unfair Dismissal Defence

To assist with the initial stages of defending an unfair dismissal claim up to a conciliation conference, we offer a fixed fee of $3,300 GST inclusive*

*Subject to terms and conditions.

Email us or call (08) 9365 7746

Complete this form and someone from our Employment Law team will call you back.