Do they comply with the recent changes to the Fair Work Act and National Employment Standards?
Dealing with workplace issues and employee claims, we regularly see employment contracts that lack the terms required to provide protection and flexibility for employers.
Employment contracts are the essential tool for effectively managing employees and workplace issues.
Protecting your business
Whether defending an employee claim, protecting confidential business information, or dealing with employee misconduct and poor performance, it is critical employers have the right terms built into employment contracts.
Terms giving employers the power to investigate misconduct, restrain employees from poaching clients or using confidential information, as well as terms importing policies and procedures as enforceable contractual terms, are just a few examples of terms that should be included in your employment contracts.
Giving employers flexibility to deal with employees
The Covid-19 pandemic has been a poignant reminder for employers, that employment contracts not only need to have terms that protect the employer’s business, but they also need to include terms that provide flexibility in unforeseen circumstances, such as Covid.
A properly drafted employment contract will include enforceable stand down and force majeure provisions that deal with disruptive events such as Covid, lockdowns and other interruptions to business operations.
New workplace laws
On 27 March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth) commenced. It brings 4 key changes to the Fair Work Act:
- It adds a new definition of casual employment which substantively changes the way the law deals with casual employees and the rights of casual employees;
- It creates a legal entitlement for casuals to request conversion to permanent employment;
- It prevents, in certain circumstances, ‘double dipping’ by casual employees who claim casual loading and then try to claim permanent employee entitlements such as annual leave; and
- It makes the issuing of a Casual Employee Information Statement to casuals, mandatory.
Additionally, the National Employment Standards provide employees with the entitlement to family and domestic violence leave.
Need help with your contracts?
Capital Legal have extensive experience in preparing in litigating workplace issues and preparing employment contracts that include all the necessary legal requirements in compliance with workplace laws.