IR Services

Advocacy and Representation

We offer clients access to a broad range of advocacy experience in both State and Federal Industrial Tribunals including defending underpayment of wages claims, dispute resolution, unfair dismissal claims, discrimination and harassment claims and appeal matters. We also represent your interests in negotiations and discussions with Unions, Fair Work Australia and employees. Additionally we advocate on behalf of Industry and employer groups to government on industrial relations and related matters. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Contracts of Employment

Many of our clients utilise common law contracts to employ staff. We can draft and provide technically correct common law contracts which address all legislative requirements and protect your liability; in addition to associated documentation such as Position Descriptions and Key Performance Indicators. As the primary employment document, it is imperative for employers to ensure this document meets legislative requirements – to avoid backpay claims, fines and to protect an employer’s liability –and to address potential workplace relations matters in advance and in a manner which protects the employers interests. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Compliance Packages

Want a simple, quick and guaranteed solution to your compliance issues? Have nothing in place now or just want to start over knowing all complies? IR Assist provide Industry and employer specific compliance packs containing:

Compliant contracts of employment or Enterprise Agreement
Compliant policies and procedures
Award wage rates and summaries
Induction procedure to ensure all addressed

You can order a compliance pack simply by calling 1300 393 519 or e: info@irassist.com.au

Discrimination

An employer’s liability in regard to Anti-Discrimination Laws is predicated upon them doing all that is reasonable to prevent incidents of discrimination and harassment occuring. We draft and implement EEO, Discrimination and Harassment policies and procedures and train staff to minimise complaints and the employer’s liability. Should an incident occur we can investigate, determine and resolve complaints including represent clients should a matter proceed to a Commission or Tribunal. For further information contact us on 1300 393 519 or e:info@irassist.com.au

Disciplinary Action and Warnings

Where an employee’s performance or conduct is unacceptable it is important the employee is made aware in a timely manner and steps are taken to correct the performance. This may involve counselling, coaching, disciplinary action and/or – ultimately – termination. The manner in which the disciplinary process is conducted can impact upon workcover stress claims, discrimination, harassment or bullying claims, adverse action claims, breach of contract or agreement claims and unfair dismissal claims. We can conduct these functions on your behalf or provide processes and training to ensure your organisation does so in compliance with statutory guidelines ensuring potential liability and claims are minimised. For further information contact us on 1300 393 519 or e:info@irassist.com.au

Dispute Resolution and Mediation Services

Disputes and conflicts in the workplace create disharmony, decrease productivity and – if not addressed in an appropriate manner – can result in a costly and time-consuming claim in a Commission or Tribunal. We address disputes and grievances immediately, from an informed and experienced background, with employees, unions or in the commission. As expert industrial relations practitioners, we ensure all potential liability issues are addressed and provide strategic advice to prevent future occurrences. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Enterprise Agreements

We have extensive experience in drafting, negotiation, facilitation, registration and implementation of Enterprise Agreements and can provide assistance and advice in regard to all aspects of this process. The organisation’s objectives and corporate strategy are vital components in our agreement strategy and preparation. We take into account company, employee and site specific issues and also assist and advise in respect to focus groups, enterprise agreement training, background research, lodgement processes and Fair Work Australia enquiries. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Fair Work Act Compliance Reviews

IR Assist are experts in the new Fair Work Act and transitioning from the old system to the new. We can advise and supply all of the necessary tools you need to comply quickly and simply. As an initial tool to assist employers, we can provide a Fair Work Act Compliance sheet which will enable you to determine and focus on the areas of potential non-compliance. We can then work with you to address all of your current documentation and processes or implement a compliance pack specific to your business so you can get on with business. To arrange a compliance review contact us on 1300 393 519 or e: info@irassist.com.au

Harassment and Bullying

Harassment is generally defined as conduct that is unwelcomed and that humiliates, offends or intimidates. Bullying is a form of harassment which must generally be repeated conduct before it will amount to bullying. Bullying also breaches and employers obligations under OHS legislation. Instances of Harassment or Bullying expose employers to potential claims of adverse action claim, discrimination/harassment, workcover claims of stress and unfair dismissal claims where an employee feels made to resign

We assist you to avoid these outcomes and lessen liability by providing policies and procedures, training staff to know what is and is not acceptable workplace conduct and Managers to act appropriately where instances occur and investigating and advising on appropriate action should a claim occur. Should the matter proceed to a Commission or Tribunal we will represent you. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Independent Contractor Arrangements

Whether an individual is an employee or an independent contractor can prove difficult to determine in certain instances. The issue is governed by decisions of common law courts over time centering on several legal tests. If a court or Fair Work Australia determine an independent contractor relationship is actually an employer/employee relationship the employer will be exposed to potential award breaches, underpayment of wages claims, sham contracting penalties and breach of the Fair Work Act regarding National Employment Standards.

If you wish to enter into a contractor relationship ensure it is a genuine contracting relationship and make sure you have a correctly drafted agreement which reflects this. We can do this for you. For further information contact us on 1300 393 519 or e: info@irassist.com.au

IR Strategy Analysis

We provide high level, detailed IR Strategy Analysis for employers seeking to implement specified workplace relations changes into their business. Whether this be in relation to restructuring, sale or acquisitions, enterprise agreement strategy, culture change planning or training needs analysis and implementation IR Assist can facilitate or lead all such processes. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Modern Awards

Modern Awards have now been operating since 1 January 2010, with minimum rates and penalties commencing to apply from 1 July 2010 for Constitutional Corporations (such as Pty Ltd’s) and 1 February 2011 for Non-Constitutional Corporations (such as sole traders and partnerships) in all States but for Western Australia. For most all businesses a Modern Award will apply and you need to be complying with all of its terms. Additionally, Modern Awards contain transitional provisions, requiring employers to calculate current wage rates based on older Awards in comparison to the Modern Award. IR Assist can determine all of these critical wage rate compliance issues for you. For further information contact us on 1300 393 519 or e: info@irassist.com.au

National Employment Standards

The National Employment Standards (NES) contain ten minimum terms and conditions of employment; which along with the applicable Modern Award form the ‘safety net’ of terms and conditions. There are 10 National Employment Standards and all employers must comply with them. We will ensure all your employment related documentation complies with these new minimum obligations to ensure you are avoid claims for breach.

Phone Advice Line Service

We provide a dedicated specialist phone advice line service for all clients regarding any and all industrial relations, human resource and OHSmatters such as; award, contract and agreement interpretation, classification determination, employment leave enquiries, disputes, grievances and complaint advice, incident and investigation advice, organisational structure, union intervention and all other matters. Simply call and we will provide you the answer so you can get on with business. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Redundancies

Where a ‘genuine redundancy’ occurs an employer will not be found to have unfairly dismissed an employee. However it is important you are aware of the elements which determine a genuine redundancy to ensure you avoid such claims.An employee is entitled to statutory notice and, in most cases, severance entitlements on termination due to redundancy. Severance is not always payable however. Before undertaking this process careful consideration should be undertaken to ensure all of these obligations are complied with – in addition to considering the impacts on those made redundant and those who remain in employment but who may be affected by the termination. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Tender Writing and Review re IR Components

We review and/or draft tender documentation relevant to employee and workplace relations strategy and implementation; in addition to pre-review of the IR implications of taking over contracts, flow-on effect of Workplace Agreements, workplace practices and underpinning Award obligations. In many environments this element of the tender can prove crucial to winning the tender. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Terminations

There are several reasons why termination of employment may occur including due to poor performance or conduct, redundancy or resulting from a resignation. In all of these cases there are specific matters which should be considered and ‘covered-off’ before a termination occurs. Following procedural fairness, complying with the Small Business Fair Dismissal Code where applicable, consultation processes and providing applicable notice are all factors which must be considered. Potential claims which can stem from a termination of employment are costly and time-consuming – even where a claim is successfully defended as costs are rarely ever recoverable. In these circumstances obtaining advice prior to termination is smart business. For further information contact us on 1300 393 519 or e: info@irassist.com.au

Underpayment of Wages Claims

The Fair Work Ombudsman, a Division of Fair Work Australia, is charged with the task of ensuring compliance with Industrial Instruments – including Awards and Agreements. They carry out this function by investigating complaints or suspected contraventions of workplace laws, awards and agreements. This can occur by random inspections. If you are found to have underpaid staff you will required to pay the money back or the Fair Work Ombudsman will litigate to enforce payment and impose fines up to $33,000 per breach. The best defence is to know up front what your obligations are, to build this into your labour cost and recover that amount via the fee you charge for your services. Contact IR Assist on 1300 393 519 or e: info@irassist.com.aufor a compliance audit to make sure you are paying correctly and avoid costly backpay claims and fines.

Unfair Dismissals

Following an appropriate disciplinary process and seeking advice prior to termination of employment will go a long way to limiting unfair dismissal claims. If an unfair dismissal claim is lodged you should contact us immediately. Specified time limits apply and you will need to provide a written response to the employee claim. We can do this for you, represent your interests at the subsequent conciliation and if the matter does not resolve, represent you in any subsequent hearing. We have an excellent record of resolving claims at the conciliation stage or convincing employees to discontinue their claim due to lack of merit. If you receive an unfair dismissal claim contact us immediately on 1300 393 519 or e: info@irassist.com.au

Union Relation Issues

It is important, where possible and practicable, to maintain good relationships with a Union representing the interests of some or all of your employees. At various stages the Union may be called in by an employee or employees to assist or represent regarding; disciplinary matters, organisational change, redundancies, terminations, enterprise bargaining, OHS issues and general disputes. Having a civil working relationship can assist the resolution of all such matters and ensure trivial matters are not vigorously pursued. We have much experience in assisting and representing employers in regard to all Union relationship issues and will cordially but vigorously pursue your agenda to resolution. For further information contact us on 1300 393 519 or e: info@irassist.com.au