PCC Employment Lawyers are recognised as experts in the interpretation of industrial instruments. This includes the 121 Modern Awards in the current national system, as well as enterprise agreements, state public service instruments, the pre-modern industrial instruments where applicable, and the various transitional provisions. Underpinning these instruments for national system employees are the National Employment Standards of the Fair Work Act 2009 (Cth).
The Australian system is unique for its complexity, and these instruments can be open to competing interpretations. Understanding an employer’s obligations can be a difficult challenge for even the most sophisticated human resources professional, but can be almost impossible for small business owners and entrepreneurs.
We offer advice on:
- Coverage and applicability of instruments to various industrial and business activities and their various employees
- Employee classifications
- Minimum rates of pay, both current and historical
- Overtime liabilities
- Applicable penalty rates and allowances
- The validity and viability of annual salary arrangements under a modern award
- Leave entitlements
- The employers capacity to offset overpayments against entitlements; and
- Advice to clients around accessorial liability of directors and officers of a company.
PCC Employment Lawyers also use a powerful in-house and custom designed audit methodology deploying powerful automated audit scripts (the Awaudit system) to provide fast, thorough and cost effective payroll calculation and audit services.
Compliance and Enforcement
We have extensive experience assisting or representing employers who have been investigated or prosecuted by the Fair Work Ombudsman for contraventions of the Fair Work Act 2009 (Cth). We are extensively familiar with the various FWO processes, and have developed a strong working relationship with its officers and investigators, and can assist with:
- Responding to FWO Notices to Produce
- Responding to Compliance Notices
- Responding to FWO Notices
- Provision of employee back-payment calculations
- Assistance in the negotiation of enforceable undertakings; and
- Representation for clients in liability and/ or penalty hearings.
PCC Employment Lawyers has experience in the enterprise bargaining process, acting as a bargaining representative for businesses in the negotiation and development of new enterprise agreements. We can:
- Provide strategic advice around bargaining objectives
- Act as a bargaining representative, and negotiate directly with unions or employee representatives on the employers behalf
- The drafting of agreements
- Ensure the requirements of the Fair Work Act 2009 (Cth) for enterprise agreements and their approval process are met; and
- Prepare and apply for approval with the Fair Work Commission.
Industrial disputes may arise between the employer and employees or the relevant union. The dispute can have negative impacts on a business, both financially and on your reputation. We can assist by providing advocacy and negotiation directly with unions on an employers behalf.