Practice Areas

Hart & Co provides high quality legal services to boutique & mid-tier law firms across Australia

 
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 Home > Expertise > Employment

Employment

The employment and industrial relations landscape is constantly evolving, underpinned by political changes, unions, and greater awareness of rights and obligations.

Our Approach

We pride ourselves on being at the forefront of changes in employment and industrial relations in Australia. We only act for employers, and bring a pragmatic, commercial and practical approach to the table.

We understand that successful businesses are enabled by high performing teams. With every employment matter we take the time to understand the outcome that the business is looking for and we align our advice and services accordingly.

Our Services

  • Employment Contracts, including Executive Contracts

  • Employee Share Option Plans & Share Schemes and tax advice

  • Award Compliance and advice on Set Offs

  • Performance Management, including preparation of all required documents and checklists

  • Termination Advice and Strategy, including redundancies and dismissal

  • Enterprise Bargaining

  • Policies and Procedures

  • Individual Flexibility Agreements

  • Contractor Agreements and advice on Sham Contracting

  • Defending Unfair Dismissal Claims

  • Defending General Protections (Discrimination) Claims

  • Workplace Training and Advisory

  • OH&S Compliance

Our Experience

We act on behalf of small, medium and large businesses, ASX listed entities, Government departments, Local Councils, major industry associations, and not-for-profits.

We advise directors, CEOs, human resources and people and culture teams.

Employment

  • Advising numerous businesses including both professional services firms and software technology businesses on the different options around giving employee’s shares, advising on compliance with the Employee Share Scheme (“ESS”) tax incentive laws, and preparing ESS’s and Employee Share Option Plans (“ESOPs”), Vesting Deeds and Shareholders Agreements.

  • Advising an ASX listed technology company on the process for restructuring their organisation and making a substantial number of their sales team redundant. We also acted throughout the redundancy and prepared all relevant notifications and documents and calculated entitlements and provided the company with support and guidance every step of the way. No unfair dismissal claims were made against the employer and the restructure was considered a success.

  • Advising numerous businesses on the differences between contractors and employees and how to avoid falling foul of the sham contracting provisions and avoid employment claims down the track.

  • Acting for one of New South Wales largest manufacturing businesses in drafting and negotiating two enterprise agreements, including assessing whether the agreements meet the better off overall test as against the relevant Award and advising on recommended changes. We acted for the business from the start of the process all the way through to applying for approval in the Fair Work Commission and working with the business to have it approved.

  • Acting for a medical centre in a claim by an employee which lead to an extensive Worksafe investigation into the safety of the workplace. This involved ensuring the centre was prepared for the investigation, and subsequently attending the Worksafe investigation hearing and responding to questions on behalf of the centre. We were able to secure a successful outcome for the centre with no fines, no convictions and no directions orders being issued against the centre. This was an extremely stressful time for the directors of the centre, who described our advice and representation as "invaluable".

  • Advising on the termination strategies for disruptive managerial and executive level employees and co-founders, including advice on how to deal with the associated vested and unvested shares in respect of both listed and private entities.

  • Advising numerous businesses on the impacts of the Workpac v Skene decision on casual employee entitlements.

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Meet the Team

Hart & Co believes in success through collaboration. Our lawyers focus on quality and results.

 
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 Testimonials

We’ve been working with Hart & Co for over a year across numerous complex commercial and employment law matters including EBAs and capital raisings. Roxy is responsive, turns around the work quickly and most importantly every job has been high quality. It’s a tough market finding and retaining good associate level lawyers and Hart & Co has been an invaluable resource to our commercial and property teams.
— Daniel, Director - Commercial Practice Group (Law firm in Victoria, headcount ~20, working with Hart & Co since March 2018)
We’ve had an excellent experience working with Hart & Co. Roxy and her team are responsive and consistently deliver top quality legal work for us in a diverse range of practice areas. They were able to seamlessly fit into our business and quickly adapt to our processes and the way we work. Roxy is a very pragmatic, commercially-minded lawyer and a safe pair of hands for any matter she takes on. Highly recommended!
— Alex, Director (Law firm in Sydney, headcount ~7, working with Hart & Co since July 2018)
Hart & Co is an extension of our team, prompt and simply great to work with. With their support, our client turnaround times have increased and we have greater capacity to market and deliver. They help you to help your clients.
— Narin, Director (Law firm in Melbourne, working with Hart & Co since August 2018)

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