Engaging workers correctly can be difficult and getting it wrong can lead to complications down the line. It’s therefore critical to engage the right individuals, with the right agreements that work within your business.
CGLaw has the expertise to assist with all facets of worker engagement and has the flexibility to tailor services in line with any business’s approach, values and needs – whether that means a total overhaul, a general review of how things are currently done or specific advice on a difficult issue.
Our team has a wealth of experience in:
- Employment contracts
- Contractor agreements
- Restraints of trade
- Award interpretation
The nature of employment can mean that for some employees, their time with the company is indefinite, ongoing and for a substantial amount of time. That’s why it’s important to start off on the right foot or (if that’s too late) to identify the terms of the agreement that need to be committed to writing.
Practically speaking however, employment law in Australia is complex, which can introduce uncertainty around what can be included into a contract or the rates payable to an employee for instance.
CGLaw takes the time to gain an understanding of your business and is capable of drafting plain english contracts from the ground up that make sense and ensure things run smoothly.
The case law establishing the line between employee and contractor is extensive, which is a testament to just how difficult this type of worker engagement is – and how costly it can be when it’s done incorrectly.
There are many factors that a court takes into account when assessing whether a worker is actually a contractor and these are different depending on whether that assessment is being done for the purpose of determining:
- Employee benefits and entitlements
- Workers compensation
CGLaw can help draft contracts from scratch, review what’s currently in place or provide advice on any issues that may arise (or potentially arise) from the relationships with your contractors.
Restraints of Trade
A restraint of trade clause in a contract typically applies to after a worker leaves the business. These clauses can be very useful in preventing a worker from:
- misusing confidential information and trade secrets
- performing work for a competitor
- from soliciting clients, customers and other workers.
The issue is that there are certain rules that apply in the drafting and application of restraints of trade and event slight mistakes can render them unenforceable.
Our workplace team has considerable experience in the drafting and interpretation of such clauses and can give clear advice on the practicalities of restraints of trade and how they may best benefit your business.
There are over 120 modern awards under the national system alone, each relevant to particular industries or occupations.
Historically, these instruments have been subjected to frequent review and have each developed their own differences and individual quirks. It can therefore be difficult for employers to have a complete understanding of all the conditions of employment for their workers (such as pay rates, leave entitlements and overtime).
Our workplace team has extensive experience with the modern award system and are capable of providing advice on the specific issues they present and how best to structure your business to work within that system.
Please contact a member of our Workplace team if you need advice with employee recruitment, engagement or planning.