Regulated Termination Benefits (Corporations Act)

Organisations need to consider the termination benefits that are payable to their employees post-termination to ensure that they are complying with the legislative framework and obligations to their shareholders. PCS can assist you in the structure of the remuneration and benefits of your employees and the drafting of employment contracts to ensure that when termination of an employee occurs that you have upheld your legal obligations.

Unpaid Work Arrangements

Some businesses offer opportunities for workplace experience or rely on volunteers. However, the Fair Work Ombudsman is taking a much stronger focus on such arrangements. If these arrangements are not properly structured, your organisation could inadvertently be creating an employment relationship thereby subject to minimum employee entitlements. As such, PCS offers planning, assistance and the provision of bespoke unpaid work documentation for approved vocational placements, genuine volunteers, and other lawful arrangements.

Workplace Surveillance

Surveillance is carried out in workplaces in a number of different ways including, but not limited to, cameras in the office and using applications to track internet usage. Organisations are likely to have measures implemented to ensure security and safety of the business and its staff. It is paramount that surveillance measures implemented in the workplace are compliant with statutory regulations and obligations, as organisations will place themselves at significant legal risk should they not be compliant. PCS offers a comprehensive suite of services allowing your organisation to utilise surveillance in accordance with the law.

Long-Term Medical Based Absenteeism

Managing long term medical absenteeism can be frustrating for employers and detrimental both financially and culturally to the organisation. PCS can help employers develop a comprehensive strategy to minimise the impact of the challenges that arise from long term medical absenteeism. PCS has the legal and commercial knowledge to provide the advice to employers that enable employers to make informed decisions for their business needs and interests.

Flexible Work Arrangements

Work flexibility is coveted by many employees in today’s workforce and a legislatively defined group of employees will have the right to make a request for flexible working arrangements under the National Employment Standards. Employers may wish to take a proactive approach to flexible working arrangements to attract talented people and enhance satisfaction and retention among existing staff. Organisations must consider the disruption, risk management and WHS obligations that may arise such as in working from home arrangements. PCS can provide wholistic recommendations on flexible work agreements and advice for determining whether such a request is feasible for your business.

Enterprise Agreements / Agreement Making

The agreements covering employees in any organisation are an important source of duties, obligations and entitlements for both employees and employer. Organisations who fail to have adequate agreements, that is to the terms of the agreement such as rates of pay and leave and termination entitlements, face significant legal risk and negative culture in the workplace. Therefore, it is essential that employers undertake an appropriate and strategic bargaining process to ensure an agreement is reached that mutually benefits employer and employee. PCS offers specialised and comprehensive services to ensure all agreements are risk-minimised and legally compliant.

Business Protection Issues (e.g. Departure of Key Employee to Competitor)

The termination of an employee’s employment can have a real impact on the current and future interests of a business. It is important that organisations have the structures in place to be able to protect their business and if termination does occur that they are able to react appropriately in a timely manner. PCS can provide your organisation with the proactive and reactive options available to help you protect your business brand and interests including drafting appropriate restraint clauses.

Transfer of Business

The transfer of business involves legal and cultural challenges including redundancies, liability for the transfer of employment entitlements, and how to merge long serving employee positions. With your divestments and acquisitions it is therefore important to know what roles exist within an organisation, those terms and conditions of employment, and what parts of the business are performing in line with your expectations. As well as covering off the mandatory legal considerations, PCS can provide strategic guidance for your organisation to manage these cultural issues that arise in the transfer of business.

Employees vs Independent Contractors

Organisations who fail to review contracts and arrangements, and fail to ensure that they have clear and concise terms in place, face significant legal risks should an issue arise as to whether the contract is one of service (employee) or a contract for service (independent contractor). As such, it is important that organisations take time to ensure that the terms of the contract are well-defined as to the obligations and duties of the work arrangement. PCS offers a comprehensive suite of services in this space that will allow your organisation to effectively minimise risks and be legally compliant.

Secondments

Organisations who second employees need to be mindful of the challenges that can arise during the course of a secondment including migration and visa issues, cost of relocation and employment contract concerns. PCS has the knowledge and skills to assist you to ensure that you have met all of your requirements during the secondment process so that an employee can commence work in a timely manner.