Operating a business and managing employees in multiple jurisdictions can be challenging. Whilst this is likely a sign your business is doing well, you may wonder how best to comply with your legal obligations. Fortunately, Australian employment law — specifically, the Fair Work Act 2009, the National Employment Standards and modern awards — is federal (national) law. This article will outline certain legal considerations to bear in mind when managing employees across Australia. Specifically, it will set out how to best protect your business through well-drafted employment agreements and employee policies. Further, it will offer some helpful guidance on state and territory law relevant to your employees and provide some helpful tips on best practices.
As an employer, understand your essential employment obligations with this free LegalVision factsheet.
Can I Use the Same Employment Agreement for Employees Across Australia?
A well-drafted employment agreement is the most effective tool for managing employees. With careful drafting, you can certainly use the same employment agreement for your employees across Australia. Critically, your employment contracts should include (among other things) clauses dealing with:
- pay and entitlements;
- duties;
- termination;
- confidentiality;
- intellectual property assignment; and
- restraints of trade provisions (in some cases).
By developing an effective employment agreement, you will decrease the administrative burden of onboarding new employees. An employment lawyer can assist you with drafting or reviewing employment agreements for your casual, permanent and temporary staff.
Tip: To ensure your employment agreement is suitable for use across Australia, it should also include a boilerplate governing law clause. This will ensure certainty about each party’s contractual obligations and entitlements.
Implementing Workplace Policies
You should also consider implementing workplace policies when managing employees across Australia. Workplace policies operate to mitigate legal risk for your business and set clear expectations for employees regarding behaviour standards. They are also useful tools for outlining internal operational procedures for employees nationwide.
Critically, company-wide workplace policies can be utilised to direct employees’ day-to-day operations, regardless of location. This will ensure consistency across the board when it comes to matters including:
- uniforms;
- leave procedures; and
- accessing company benefits.
As with your employment agreements, an employment lawyer can assist you in drafting and reviewing your workplace policies. We recommend that you implement at least three legal policies across the business. These are:
- a work health and safety policy;
- an anti-discrimination, harassment and bullying policy; and an
- information technology policy.
State and Territory Legislation
You may wonder how to navigate your obligations as an employee under state and territory-based laws. Thankfully, most of your obligations as an employer are derived from federal (Australia-wide) law. Specifically, they arise under the Fair Work Act. This means that disputes arising on employment termination or issues relating to pay and entitlements are, in most cases, dealt with by federal bodies called the Fair Work Commission and the Fair Work Ombudsman, not separate state-based bodies.
However, you must know that your employees have some rights and entitlements unique to where they work. For example, there is unique state and territory legislation dealing with:
- long service leave;
- workplace surveillance;
- workers compensation; and
- workplace health and safety compliance.
For this reason, you should consult with an employment lawyer about your obligations and how to ensure they are appropriately reflected in your employment agreements and workplace policies.
Practical Tips
Well-drafted legal documents are paramount in managing employees across Australia. You will also need to navigate practical considerations. If you have employees in different physical locations, the most obvious issue you may face is day-to-day management and human resources capacity. Some practical tips for managing employees across Australia include:
- hiring an internal human resources manager or team;
- outsourcing your human resources;
- engaging a team of employment lawyers;
- utilising online accounting and payroll software; and
- hiring managerial staff that you trust and can delegate to.
Key Takeaways
Managing employees across Australia can be both challenging and rewarding. However, you must know your obligations under federal and state law. There may be many practical difficulties that can be overcome with well-drafted employment agreements and workplace policies.
If you need assistance managing employees across Australia, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
The most important law you should be aware of is the Fair Work Act 2009, which applies to employers of most businesses across Australia. You must also be aware of state and territory legislation regarding worker’s compensation, work health and safety, workplace surveillance and long service leave.
We recommend that you implement a work health and safety policy, an anti-discrimination, bullying and harassment policy and an information technology policy. You can also implement operational policies that deal with day-to-day matters within your business, like taking leave, uniforms and motor vehicle use, for example.
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