A well-drafted employment agreement sets clear expectations for both the employer and the employee. It covers the essentials: role, remuneration, leave, confidentiality, intellectual property, and termination. But a good employment agreement also anticipates the issues that arise when things change, whether that is a promotion, a restructure, or a departure.

We draft employment agreements for roles at every level, from junior staff through to senior executives and managing directors. For businesses that are hiring regularly, we develop template agreements that can be adapted for different roles while maintaining a consistent standard of legal protection.

We also review and update existing employment agreements. Many businesses are still operating on agreements that were drafted years ago and no longer reflect current legislation, modern award requirements, or the way the business actually operates. A periodic review of your employment agreement is a straightforward way to reduce risk.

We recently helped B2C start-up implement a suite of employment templates to reflect changes in the Fair Work Act and modern award obligations, covering roles from graduate employees through to senior management.

The distinction between an employee and an independent contractor has significant legal and financial consequences. Getting it wrong can result in back-payment claims, superannuation liability, and penalties from the ATO and the Fair Work Ombudsman.

We advise on structuring contractor relationships that are genuine and defensible, drafting contractor agreements that reflect the actual nature of the engagement, and reviewing existing arrangements to assess whether they are compliant. For businesses in construction and trades, we also draft and review subcontractor agreements and purchase order templates.

The law in this area has evolved significantly in recent years, and arrangements that were once considered standard may no longer be appropriate. If you are engaging contractors in any volume, it is worth having your agreements reviewed.

We recently helped a Melbourne-based construction firm update its subcontractor agreements and purchase order templates to reflect current legislative requirements and industry practice.

Ending an employment relationship is one of the highest-risk moments for any business. Whether you are managing underperformance, making a role redundant, or responding to serious misconduct, the process needs to be handled carefully to minimise the risk of an unfair dismissal claim or adverse action complaint.

We advise employers on performance management processes and documentation, termination for cause, including procedural fairness requirements, redundancy and restructuring, including consultation obligations, managing resignations and negotiated exits, and responding to Fair Work Commission claims.

Our approach is to help you get the process right before a termination happens, not just to deal with the consequences afterwards. A short conversation at the right time can often prevent a costly dispute.

For complex employment matters, we have a network of specialist advisors we can connect you with to ensure you receive appropriate legal advice.

Earlier this year, we appeared at the Fair Work Commission for a client responding to an unfair dismissal claim.  We were able to help the client reach resolution with the former at the first conciliation which resolved the matter in an cost-effective and timely manner.

Employee share schemes are one of the most effective tools available for retaining and incentivising key team members. They allow employees to share in the success of the business, aligning their interests with those of the shareholders and creating a powerful motivation to stay and contribute.

We advise on the design and implementation of employee share option plans (ESOPs), phantom share schemes, and other equity incentive structures. Each model has different tax implications, regulatory requirements, and practical considerations, and the right choice depends on your company’s stage, capital structure, and objectives.

For startups and growth-stage companies, employee share schemes are often implemented alongside a capital raise or shareholder restructure. We work closely with our transactional practice to ensure that share scheme documentation is consistent with the broader equity structure.  For tax compliance, we have a network of specialist advisors we can connect our clients with to ensure they receive appropriate tax advice.

We also advise on the ongoing administration of share schemes, including the grant of new options, exercise of existing options, and the treatment of options when employees leave the business.

We recently advised a green tech manufacturer on implementing both a traditional ESOP and an indeterminate rights plan, each designed for different categories of team members and aligned with the company’s capital raising strategy.

Employee share schemes often form part of a broader capital raising or corporate restructure. Read more about our transactional work, here.

Restraint of trade clauses protect your business when key employees or contractors leave. But restraints are only valuable if they are enforceable, and Australian courts will not enforce a restraint that goes further than is reasonably necessary to protect your legitimate business interests.

We draft restraint clauses that are tailored to what a court would actually uphold, taking into account the nature of your business, the seniority of the individual, and the geographic and temporal scope that is reasonable in your circumstances. We also advise employees and contractors who are subject to restraints on the enforceability of the clause and their practical options.

For international businesses establishing operations in Australia, we advise on how Australian restraint law differs from other jurisdictions. Restraint clauses that are standard in the US or UK may not be enforceable here, and the approach to drafting needs to reflect Australian legal principles.

Last year, we assisted a client negotiate a resolution to a significant restraint dispute involving a number of parties based in Australia and across APAC.

Restraints of trade also feature in our commercial contracts practice, where they arise in the context of business sales and shareholder agreements.

As a business grows, informal practices need to be replaced with documented policies. This is partly about legal compliance and partly about setting clear expectations for your team.

We advise on and draft workplace policies covering areas such as leave and flexible working arrangements, workplace health and safety obligations, privacy and the handling of employee information, social media and technology use, and codes of conduct and disciplinary procedures.

We also advise on compliance with the National Employment Standards, modern awards, and enterprise agreements. For businesses that are uncertain about their current obligations, we offer a review of existing employment practices and policies to identify gaps and areas of risk.

When a business is being sold, restructured, or merged, employment law issues are central to the transaction. Buyers need to understand the workforce liabilities they are inheriting. Sellers need to manage employee communications and transfer processes. Both sides need to address entitlements, restraints, and continuity of employment.

We advise on employment due diligence for business acquisitions, transfer of business provisions under the Fair Work Act, restructuring and redundancy in the context of corporate transactions, and retention and incentive arrangements for key employees during and after a transaction.

This work sits at the intersection of our employment and transactional practices. For clients who are buying or selling a business, we can provide seamless advice across both areas.

In a recent business purchase in the resources sector, we advised the buyer on managing employee communications and structuring retention arrangements for key staff.

Read more about our work on mergers, acquisitions and investments.