Running a small business in Australia involves numerous legal responsibilities, particularly when it comes to employment law and HR management. Australian employment law is complex, covering areas such as contracts, wages, dismissals, discrimination, and workplace policies.

This is where a commercial lawyer can provide valuable support. Whether helping with contracts, workplace policies, or disputes, legal guidance ensures that small businesses comply with Australian laws and avoid costly mistakes. Let’s explore these services:

1. Drafting and Reviewing Employment Contracts

A legally sound employment contract is crucial in defining the relationship between employers and employees. A lawyer can assist in:

• Drafting employment contracts that align with Australia’s Fair Work Act 2009
• Ensuring contracts include pay rates, leave entitlements, confidentiality clauses, and termination terms
• Reviewing contracts to ensure they comply with industry awards and enterprise agreements

For example, a café hiring casual staff will need contracts that outline minimum wage requirements, penalty rates, and shift conditions under the applicable Modern Award.

2. Compliance with Australian Employment Laws

Australia has strict employment laws enforced by the Fair Work Commission and the Fair Work Ombudsman. Lawyers help businesses stay compliant with:

• The Fair Work Act 2009 – Covers employee rights, unfair dismissal, and entitlements
• National Employment Standards – Includes leave entitlements, working hours, and termination rights
• Work Health and Safety laws – Ensuring a safe workplace under state and territory regulations
• Anti-Discrimination laws – Preventing workplace discrimination and harassment under The Sex Discrimination Act 1984 and state-based laws

For example, a retail store must ensure that all employees receive correct penalty rates for weekend work, as required by the General Retail Industry Award.

3. Managing Employee Disputes and Workplace Grievances

Disputes between employees and employers are common and can disrupt business operations. A lawyer can help small businesses:

• Handle workplace disputes professionally
• Resolve unfair dismissal claims
• Navigate workplace bullying and harassment complaints 

If a small business faces an unfair dismissal claim, a lawyer can represent the employer before the Fair Work Commission and ensure proper dispute resolution procedures are followed. 

4. Handling Redundancies and Terminations Legally

If a business needs to restructure or downsize, it must follow proper redundancy and termination procedures. A lawyer can assist by:

• Ensuring genuine redundancy processes are followed
• Calculating redundancy pay correctly
• Advising on notice periods and final payments

For example, if a marketing agency needs to make a role redundant, legal guidance ensures compliance with redundancy laws and avoids potential unfair dismissal claims.

5. Drafting Workplace Policies and Employee Handbooks

Clear workplace policies help businesses manage employees effectively and reduce legal risks. A lawyer can draft policies covering:

• Workplace bullying and harassment
• Disciplinary and grievance procedures
• Social media and internet usage
• Flexible working arrangements

For example, a tech start-up may need a remote work policy outlining expectations for employees working from home.

Are you looking for a friendly team of commercial lawyers in Chatswood to help you with one or more of the above matters?

TY Lawyers in Chatswood is here to assist you all your commercial small business needs. To arrange an appointment to come and visit our conveniently located commercial law firm in Chatswood, please contact us here.