Employment Relations
“Lawyers seek to define problems; we see our role as solving the problem.”
Paul Houlihan
Principal & Director, First IR Consultancy
Our core business is to provide practical and effective solutions on employment and industrial relations matters, tailored specifically to meet the needs of the individual business whether large or small.
First IR has a diversified portfolio operating in a range of industries Australia-wide. In particular, we represent many employers in Rural and Regional Australia. We are exceptionally proud of this later point, knowing that we assist companies that sustain Australians be it with the crops or cattle they grow, or the ancillary services such as the transport companies that bring their products to market. To view information specific to industries we specialise in please refer to our Industry Page. Of course we still have many other clients from a broad range of other industries such as hospitality, retail, childcare and health services who we provide employment relations services to.
Our expertise covers:
- drafting and negotiating enterprise agreements, tailored to the client's needs
- drafting employment contracts, from pro forma documents to executive contracts
- guiding clients through disciplinary and other internal proceedings
- defending unlawful termination and unfair dismissal claims
- providing representation at relevant courts and tribunals
- providing written advice
- developing HR policies and procedures covering all aspects of the employment relationship, including EEO, bullying, workforce diversity, electronic communications, discipline and counselling, and codes of conduct, as well as providing training in these areas
- helping clients understand industrial awards, including their interpretation and coverage
- all matters involving the Fair Work Ombudsman
- advising and representing clients in sexual harassment, discrimination or bullying claims.
- providing workplace investigations
As well as our employment services, we offer a range of services including:
- telephone advice and information
- regular email updates regarding relevant changes to the law
- whitepapers
- on-site training targeted at management and staff on issues impacting our clients' organisations
- assisting with the management of relationships and issues with various stakeholders, including workers, unions, WorkSafe representatives, FWO, regulators, customers, suppliers and service providers.
- award modernisation and variations
- speaking at industry conferences and seminars
General Employment Advice
Are you on top of new workplace relations obligations applying to your organisation from July 1 this year? Are you prepared for the new compliance requirements that come into effect on January 1 next year? First IR provides assistance and advice in all employment matters including the latest changes under the Fair Work Act 2009.
General employment advice includes professional over the phone advice on Award or Agreement interpretation; correct rates of pay including allowances and penalty rates; new parental leave obligations; assistance in termination and redundancy; assistance in disciplinary or performance management issues; right of entry issues; or how to deal with a request for flexible working hours. Most of these examples are employment matters that we can assist you with directly over the phone and generally can be achieved in a short phone conversation. Notably, we have a lot of small and medium sized clients that don’t have expansive HR departments, but nonetheless need accurate employment information straight away. Our knowledge and experience provides certainty to our clients that they are getting accurate professional advice for considerably less than calling a lawyer, but with the responsibility and certainty that government advisory services cannot provide.
Strategic Solutions
What sets us apart from our competitors is our solutions based focus. First IR goes further than helping to solve our clients' problems - we identify creative and competitive advantages to assist our clients in achieving their objectives. These may be objectives such as the need for certainty of labour costs i.e. fixed employment costs, or the ability to simplify payroll processes with a loaded hourly rate incorporating all penalty’s and loadings, or the ability to remove annual leave loading or allowances from weekly payroll calculations, or even the ability to pay by the day and not by the hour. Or, it may be that our client needs to rework their roster to gain greater efficiencies, these things First IR specialises in, understanding what the clients concerns are and then finding a solution for their business.
Enterprise Agreements
Currently in Australia approximately 4.2 million working Australians are covered by an enterprise agreement. It is through the making of an enterprise agreement that First IR has found we have been able to achieve the greatest competitive advantage and solutions for our clients.
First IR’s focus on solutions has led to many industry firsts in the enterprise agreements we have made. We have achieved industry firsts in the Pastoral Industry specifically in the shearing and cattle station sectors; the Transport Industry in rail, road and aviation, and in a series of template Horticulture agreements. Daniel Houlihan, Principal Advisor with First IR has had considerable success in achieving these firsts previously under the old industrial systems and more recently under Fair Work. Daniel’s clients benefit from his considerable knowledge and experience enabling him to draft and cost the labour component quickly and accurately in a cost effective manner with the benefit of his extensive industry knowledge.
For new clients wishing to discuss the making of an enterprise agreement, or an understanding of the process and estimated cost, we provide a free initial 30 minute phone consultation. Please contact us on 02 9231 2088 to discuss.
Policies & Procedures; Employment Contracts
The IR system has fundamentally changed under the Fair Work Act 2009. From 1 January 2010 the key aspects are FWA, the NES and the modern awards. As a consequence employers are finding it necessary to update their Policies and Procedures and/or Employment Contracts to ensure compliance. Whether you require your employment documents to be updated or a whole new suite, First IR can provide either template or custom designed documents. Notably, where the client requires, we take an integrated approach aligning policies and procedures with employment contracts and/or agreements, ensuring consistency with the businesses core values and guiding code of conduct principles. Assistance with implementation and training can also be provided.
Conciliation, Arbitration & Advocacy
Providing advocacy services before relevant tribunals makes up a good part of our work. This may be in the form of conciliation and/or arbitration on various matters such as unfair dismissals, unlawful terminations, or industrial action applications such as protected action ballots or good faith bargaining orders etc. Increasingly we have been assisting employers with Fair Work Ombudsman investigations. Notably where we have assisted, not one of our clients has been successfully prosecuted by the FWO.
With the implementation of the Fair Work Act 2009 provisions under the act referred to as General Protections (Adverse Actions) are a new form of action an employee may take against their employer alleging a breach of workplace rights. This form of action differs from the more familiar unfair dismissal claims, and/or unlawful terminations. General Protection claims appear to be one of the largest growth areas under the FWA with the last two quarters (Sept & Dec 2010) equalling last year’s total claims of 1176 made to FWA over 2009 and the first half of 2010. Adverse Actions are no longer the sleeping giants we feared them to be. Growing claims increasingly establish this as one of the greatest concerns to the employment relationship. We provide advice and advocacy in all these matters.
Workplace Investigations
Workplace investigations are a specialised area of employment relations requiring knowledge and experience in conducting lawful and impartial workplace investigations. The investigation requires a formal process to examine the allegations as made and to establish the facts and determine whether individuals have breached policy or law. The purpose of which is to provide a structured process so that allegations can be tested in accordance with the principles of natural justice, due process and confidentiality.
The difficulties that face an internal investigator, such as a company’s HR manager or a senior member of management is the perceived bias, including of course the ability to juggle normal workloads and take on these additional duties. As an external investigator First IR is able to conduct professional and impartial workplace investigations. We have a particular expertise in managing complaints of bullying/workplace harassment and have been used by organisations in this area.
We differ from our competitors in that we are not lawyers, or ex-law enforcement workers, rather we are employment relations professionals with considerable experience in all workplace relations matters. As advocates before the industrial tribunals we are acutely aware of the importance of impartial lawful investigations. We apply a process of procedural fairness that is at all times both transparent and impartial. In general the process includes:
- confirming and investigating the allegations as made,
- conducting impartial interviews,
- reviewing all relevant policies and procedures and codes of conduct, awards and/or workplace agreements and relevant legislative obligations.
- Making findings and conclusions (on the balance of probabilities) as well as recommendations formalised in a written report which not only deals with evidentiary maters, but also provides insight into underlying causes such as lack of capability, culture, management style and the like.
- We are also available to assist should the matter be pursued before the courts
For new or existing clients wishing to discuss the investigatory process, timeframes and estimated costs, we provide a free initial phone consultation. Please contact us on 02 9231 2088 to discuss.
Industry Advice & Assistance
First IR engages in briefing government and key stakeholders on current employment matters. We have several close affiliations with Employer Associations and provide employment advice and advocacy before the Tribunals for them. Throughout the Award Modernisation process in 2009 and 2010 the industries First IR represented were Transport, Aged Care, Agriculture, Horticulture, Media Entertainment & Arts, and Cleaning Services.
In short our entire focus is on establishing solutions to assist business in relation to employment and industrial relations whether at the enterprise, industry or Federal level.