BIRSS WORKPLACE LAW

Our Services

WE OFFER

ADVICE

We’re there when you need to run an issue by us.  Or better still, when you are proactively managing risk, strategically engaging staff and planning ahead.  Birss Workplace Law advises on all matters ‘workplace’, be they contracts and policies, compliance with Fair Work and anti-discrimination legislation, or the myriad of interpersonal issues that arise when people work together.
 
Part of attracting and retaining great staff involves investing in work, health and safety (including psychosocial safety), modern policies and procedures, and compliant remuneration practices.  We help with that.
 
We advise on payroll and record-keeping obligations, award and enterprise agreement compliance.  We provide advice about workplace entitlements and obligations such as recruitment processes, behavioural expectations, remuneration options, flexible work, supporting employees with disabilities, leave entitlements, privacy and surveillance, ownership of intellectual property, and restraint of trade.
 
We draft and negotiate employment contracts, independent contractor agreements, and enterprise agreements.  We advise on good faith bargaining and Fair Work approval of agreements. 
 
We assist with workplace restructuring and manage the impact on staff of a transfer of business. We advise on the optimal engagement model to achieve your commercial goals in a compliant manner. When the time comes, we assist with termination of employment relationships. 
 
We provide advice on accessorial liability, and due diligence measures for directors.
 
We provide advice on avoiding and managing unfair and unlawful dismissal claims, underpayment claims, general protections (adverse action), discrimination and sexual harassment matters.
 
We support clients through statutory investigations and prosecutions.

Compliance

Audits

We undertake compliance audits regarding:

  • Contracts, Policies and Procedures
  • Payroll and Employee Record Keeping
  • Work, Health and Safety
  • Privacy and Surveillance

Ask for an audit:

  • To protect staff, brand and cash flow
  • After a period of business growth, key personnel change or legislative change
  • In preparation for restructure or sale

ASSIST WITH

DISPUTES

Encouraging employees to complain sounds risky.  But, caught early, workplace disputes can be more molehill than mountain.  We support clients to resolve complaints before they ‘get legal’.

When a claim arrives in your inbox, we work hard to resolve it quickly.  We have extensive experience in conducting litigation in State and Federal courts and tribunals.  We represent clients with respect to:

  • Unfair dismissal claims and general protection (adverse action) matters
  • Discrimination, sexual harassment and bullying claims
  • Underpayment claims
  • Return to Work disputes
  • Work, Health and Safety prosecutions and claims
  • Breach of contract, including claims against employees
  • Approval of enterprise agreements, and enterprise agreement disputes
  • Restraint of trade, intellectual property, confidential information and Corporations Act breaches
  • Investigations and prosecutions by the Fair Work Ombudsman, SafeWork SA and other statutory authorities

Undertake

Investigations

We can accommodate your preference for an in-house, independent or legally privileged report into workplace allegations.  We provide behind-the-scenes best practice advice to managers and HR practitioners, and we conduct investigations on behalf of clients.

We collaborate with independent colleagues to manage conflicts of interest.

Tailored

Training

We tailor our training to the audience: Boards, individuals (such as executives and HR practitioners), staff and industry/professional events. 

We provide training on a wide range of topics such as:

  • Employment Law 101: Understanding the Basics
  • Bullying, Discrimination and Harassment
  • The Positive Duty to Prevent Sexual Harassment and Sex Discrimination
  • The National Employment Standards, Awards and Record-keeping
  • Work, Health and Safety Obligations (including due diligence for Boards)
  • Sham Contracting; How to Avoid It
  • Managing Ill and Injured Workers
  • Dismissing Workers Fairly and Lawfully
  • Update: Recent Changes in Employment and Safety Law

Ask for pre-prepared content or feel free to nominate a topic of interest to your workforce.

Contact Us

PO Box 3225 Unley SA 5061
+61 422 203 184
thea@birssworkplacelaw.com.au