Overview
Having your HR infrastructure in order is perhaps the best investment you can make in your business. This includes having the ‘right people in the right roles’, up to date contract administration and effective new starter processes.
Recruitment and Selection
Only a qualified, career experienced HR professional can provide you expert knowledge to best support your hiring needs. We offer a complete support service across the full suite of recruitment, selection activities at every level (from Practitioner to Executive). This includes:
- Drafting position descriptions, selection criteria and position accountability statements (PAS)
- Development of candidate prospectus materials
- Advertised search and placement
- Referee reports
- Executive search and selection (targeted sourcing).
We can also support your selection activities too including with the following:
- Behavioural based interview questions (we can draft these for you for all role types)
- Role play activities aligned to core capability requirements
- Practical exercises that test specific role competencies
- Liaising with candidates on your behalf to communicate hiring decisions and outcomes
- Negotiation of terms of engagement
- Guidance on incentive provisions such as a sign on bonus, variable compensation, work from home and other flexible work arrangements
- Assistance with drafting employment contracts (and/or expert referral if you may require a newly drafted employment contract for a particular role type)
- Advice on the best type of employment to suit your needs (contract of service vs a contract for services)
- Fixed term (or maximum term) engagements
- Visa Entitlement Verification (VEVO) for workers with visa terms.
Whether you need a complete service or only just one element of the process, contact us and we can get started on your recruitment and selection requirements today.
Contract Administration
It is important to ensure that your contract materials (templates, pro-formas and alike) are reviewed to ensure that they are accurate and up to date. In the current climate, there are particular clauses that may require extra attention – such as monitoring, location of work performed, visa entitlements and ordinary hours of work. If it has been a while since you completed a sweep through of your contract administration, then now is an opportune time to do so.
Contact us today and to commence your contract review and revision process.
Fixed Term Contracts
The use of fixed term contractual arrangements is now subject to new regime that can be complex to navigate. If you are used to simply extending an existing fixed/maximum term contract for a further period, then please be sure to pause before pressing go once again. These changes can be tricky to understand – particularly the exceptions. We can partner with you to ensure that you are effectively across your obligations and are at your service in relation to:
- Assistance with drafting fixed term and maximum term contract provisions
- Understanding the difference between fixed term and maximum term contracts
- Fixed Term Contract Information Statement: https://www.fairwork.gov.au/employment-conditions/information-statements/fixed-term-contract-information-statement
- 2 year rule
- Extensions to existing fixed term contracts including within the 2 year period
- How to deal with contracts entered into prior to 06 December 2023
- Exemptions to the 2 year rule including for high income employees and those performing ‘specialised work’
- Not for Profit and charitable organisation specific exemptions for fixed term contracts of employment linked to funded programs
- Carve outs (such as organised sport, high performance sport and tertiary education)
- *The Fair Work Ombudsman (FWO) has recently published a useful summary incorporating up to date amendments to fixed term contract exemptions (11/2024): https://www.fairwork.gov.au/starting-employment/types-of-employees/fixed-term-contract-employees/additional-fixed-term-contract-exceptions
Contact us today and we can support you with your fixed term contract requirements.
Casuals
Casual employment relationships require careful administration (particularly at the contract stage). Our advisory service supports you with understanding how best to both set up and roll out your casual engagement(s) including:
- Making sure that your casual contracts of employment align to the recently updated definition of a casual employee
- Casual employees and ‘no firm advance commitment to continuing and indefinite work‘
- Induction and onboarding specific to casual employees
- Casual employees Fair Work Information Statement : https://www.fairwork.gov.au/employment-conditions/information-statements/casual-employment-information-statement
- Correct classification under applicable modern award terms
- Casual loading + penalty rates for casuals performing shiftwork and/or working on weekends
- Risks associated with regular and predictable hours for casual employees and strategies to mitigate these
- Unfair dismissal applications in situations where a casual employee claims there has been a sudden change in their shift allocation and/or their removal from an employee social chat group (including a rostering app)
- How to carefully manage termination of employment where there has been a series of time limited contracts consistent with a casual employment relationship
- Understanding the elements of the employment relationship in its entirety rather than simply just the casual contractual administration
- Conducting a review of existing casual employees and advice on when to re-administer terms of engagement from casual to ongoing. This also includes responding to a request from a casual employee to do so.
- Understanding the Employee Choice Pathway (effective 2025) to permanent employment
- **The Fair Work Commission has published a very useful fact sheet on changes to casual employment laws (08/2024) which you can access here**: https://www.fwc.gov.au/documents/resources/fact-sheet-changes-to-casual-employment-2024-08-19.pdf
Contact us today and we can provide you with the HR guidance and advice you and your team require in order to help ensure that your casual arrangements are industrially sound.
Orientation and onboarding
We can develop the infrastructure you need to make sure that your new starter employees are set up for success right from day one. Our advisory services cover:
- Orientation process design
- Express orientation for urgent new hires
- New starter on-boarding tools and templates
- Online induction
- Hybrid introduction to workplace
- Mandatory education and training for new starter employees.
If you may need expert advice and support regarding the entirety of the new starter on-boarding process, then contact us today.
Probation
The initial period of employment is an opportunity for both the new starter employee and the employer to assess the suitability of the employment relationship. Where the ‘fit’ isn’t quite right, it is important to make sure that you navigate any process to terminate employment carefully. Our suite of probationary management services includes advice on the following:
- Probationary clauses in the contract of employment
- 3 month or 6 month probationary periods
- Conducting the midpoint and final probationary review
- Extension of the probationary period
- How to deliver a termination on probation outcome and conversation.
We can also provide you with the probationary management tools, templates and review documents you need to get the most of your probationary period. Where required, we can also put you in direct contact with our network of Workplace Relations legal specialists.
Probationary matters often require prompt advice within tight timeframes. Contact us without delay and we can commence advising you today.
Independent Contractors
Unsure about the use of independent contractors? We can certainly point you in the right direction including in relation to each of the following:
- Understanding when someone is an independent contractor vs an employee
- The difference between a contract of service vs a contract for services
- Relevant tests to determine if someone is an employee or an independent contractor and when each test applies: https://www.fairwork.gov.au/find-help-for/independent-contractors/whole-of-relationship-test
- The contractor high income threshold and what this means: https://www.fwc.gov.au/issues-we-help/independent-contractor-disputes-about-unfair-contract-terms/contractor-high-income-threshold
- The importance of independent contractor administration and where necessary, expert referral to our specialist associates for correct legal drafting right from the get-go
- Assistance with drafting deliverables to be achieved by the contractor(s)
- Setting an appropriate contractor term/period for delivery of services
- Considerations regarding onboarding and familiarisation activities specific to contractors
- Unfair contract claims by contractors under the Fair Work Act 2009 (Cth): https://www.fwc.gov.au/issues-we-help/independent-contractor-disputes-about-unfair-contract-terms
- Unfair contract claims under the Independent Contractors Act 2006 (Cth) and when this may apply
- Unfair deactivation claims (for contractors in the ‘gig economy’): https://www.fwc.gov.au/job-loss-or-dismissal/unfair-deactivation-or-termination-regulated-workers
- Unfair termination claims (road transport contractors): https://www.fwc.gov.au/job-loss-or-dismissal/unfair-deactivation-or-termination-regulated-workers/unfair-termination
Contact us today and we can help set you on the right path regarding your independent contractor arrangements. This is particularly relevant for clients who operate medical clinics, health care services and allied health businesses (including psychology practices) as well as those in the solar panel and contract cleaning industries.
FREQUENTLY ASKED QUESTIONS
We have included a handful of our most common questions and suggested responses.
If you have a question that doesn’t appear here or you wish to seek further clarification on any of the below, please contact us.
What is the difference between the probationary period and the minimum period of employment (for non small business employers)?
This depends on the length of the probationary period you are using. That is because the minimum period of employment (at law) is 6 months for businesses that are not small business employers. Therefore, if your probationary period is also 6 months, then both the probationary period and the minimum employment period will align. If however you are using a 3 month probationary period, it may still be possible for you to terminate employment in between the end of the 3 month probationary period and before the conclusion of the 6 month minimum period of employment under the Fair Work Act 2009 (Cth). Please contact us for advice on how to manage the new starter employee probationary period. We can also guide you in circumstances where you are small business employer (ie: the business employs fewer than 15 employees).
Can I put an existing staff member on probation?
It is possible if the employee can be returned to their previous substantive position. However, some alternatives are easier to manage and administer from an HR perspective (for example, a secondment). In cases of significant elevation or promotion, there may be limited scope to include a new probation period in revised contract terms. Each situation will have unique terms and conditions, so contact us for advice and guidance before you proceed.
Can I still terminate on probation outside of the minimum period of employment?
No, unfortunately even one day is too late. If you are in this situation, contact us urgently for assistance.
What is the difference between an unfair dismissal and an unlawful termination?
Unfair dismissal is an application for relief where it is argued that the employee’s termination has been harsh, unjust, and unreasonable. Unlawful termination covers termination for reasons prohibited by the Fair Work Act 2009 (Cth) including discrimination, trade union membership, taking of parental leave, and temporary absence from work due to illness or injury.