MKI Legal has experience assisting businesses to comply with the often difficult and onerous obligations under the Fair Work Act. We simplify all this complexity to help ensure your business remains compliant.
A breach of the Fair Work Act can result in penalties being imposed against the business and any individuals involved. We can help you with employment contracts and workplace policies, managing or terminating employees, defending claims against your business, dealing with the Fair Work Ombudsman and many more workplace issues.
How We Can Help
Managing and Ending Employment
Managing and Ending Employment
If your business needs to manage or dismiss an employee, we can guide you through a process that complies with the Fair Work Act and minimises the risk of an unfair dismissal, general protections or discrimination claim.
If your business needs to manage or dismiss an employee, we can guide you through a process that complies with the Fair Work Act and minimises the risk of an unfair dismissal, general protections or discrimination claim.
Defend a Claim Against The Business
Defend a Claim Against The Business
If an employee has made a claim against your business, we can defend the business and negotiate on its behalf. The first step in most claims is a conciliation or conference, and many claims settle there.
If an employee has made a claim against your business, we can defend the business and negotiate on its behalf. The first step in most claims is a conciliation or conference, and many claims settle there.
Underpaying Employees
Underpaying Employees
Has your business underpaid its employees by not providing award entitlements such as overtime and penalty rates, not providing allowances under the award or paying below the minimum rate? If so, we can assist your business to go through the necessary process of correcting the mistakes made. This will help reduce the chances of penalties being issued against the business and individuals involved. If required, we can deal with the Fair Work Ombudsman on your behalf.
Has your business underpaid its employees by not providing award entitlements such as overtime and penalty rates, not providing allowances under the award or paying below the minimum rate? If so, we can assist your business to go through the necessary process of correcting the mistakes made. This will help reduce the chances of penalties being issued against the business and individuals involved. If required, we can deal with the Fair Work Ombudsman on your behalf.
Employment Contracts & Policies
Employment Contracts & Policies
We can assist in preparing employment contracts and workplace policies that safeguard your business from potential threats such as employees poaching your staff, taking confidential information, or working for a competitor. We can also help protect your business from claims for breaching the Fair Work Act or an award.
We can assist in preparing employment contracts and workplace policies that safeguard your business from potential threats such as employees poaching your staff, taking confidential information, or working for a competitor. We can also help protect your business from claims for breaching the Fair Work Act or an award.
Fair Work Ombudsman Investigations
Fair Work Ombudsman Investigations
If an employee has made a complaint about your business to the Fair Work Ombudsman or the Ombudsman is investigating your business, we can help. We can represent you and advise you on all the steps to take to ensure the situation does not get any worse and that the business complies with its obligations under the Fair Work Act.
If an employee has made a complaint about your business to the Fair Work Ombudsman or the Ombudsman is investigating your business, we can help. We can represent you and advise you on all the steps to take to ensure the situation does not get any worse and that the business complies with its obligations under the Fair Work Act.
Business Restructure & Redundancy
Business Restructure & Redundancy
If you are considering making positions redundant, we can make sure the correct process is followed to reduce the risk of claims. A genuine redundancy must meet strict criteria under the Fair Work Act, including consultation and redeployment.
If you are considering making positions redundant, we can make sure the correct process is followed to reduce the risk of claims. A genuine redundancy must meet strict criteria under the Fair Work Act, including consultation and redeployment.
Workplace Investigations
Workplace Investigations
If a staff member has engaged in misconduct, we can help you conduct an investigation in a manner that meets expectations set by the courts. Having a lawyer involved also gives you access to legal professional privilege, which keeps matters confidential and away from the court. This is particularly helpful if there are sensitive matters being investigated.
If a staff member has engaged in misconduct, we can help you conduct an investigation in a manner that meets expectations set by the courts. Having a lawyer involved also gives you access to legal professional privilege, which keeps matters confidential and away from the court. This is particularly helpful if there are sensitive matters being investigated.
Contractors
Contractors
We can assist you in setting up your contractor documents and arrangements lawfully. If the contracts are improperly drafted or the arrangements not properly followed, the business can be sued for misclassifying a person as a contractor when they should have been classified as an employee. This exposes the business to penalties and also requires the business to repay entitlements up to six years.
We can assist you in setting up your contractor documents and arrangements lawfully. If the contracts are improperly drafted or the arrangements not properly followed, the business can be sued for misclassifying a person as a contractor when they should have been classified as an employee. This exposes the business to penalties and also requires the business to repay entitlements up to six years.
What the Closing Loopholes Changes Mean for Employers
What the Closing Loopholes Changes Mean for Employers
A practical guide for employers to the Fair Work Act changes of 2023 to 2025: casual employees and the employee choice pathway, the new employee test, the right to disconnect, criminal underpayment, higher penalties and regulated workers.
A practical guide for employers to the Fair Work Act changes of 2023 to 2025: casual employees and the employee choice pathway, the new employee test, the right to disconnect, criminal underpayment, higher penalties and regulated workers.
Industries
Accommodation
Hotels, holiday rentals, caravan parks, serviced apartments, Airbnbs, motels, backpacker hostels, farm stays
Agriculture
Family-owned farms, organic produce growers, dairy producers, vineyards, orchards, livestock farms, aquaculture operations
Automotive Services
Independent mechanics, car dealerships, auto parts stores, tyre shops, panel beaters, auto electricians, car wash services
Beauty & Personal Care
Hair salons, beauty spas, nail studios, barbershops, massage therapy practices, tanning salons, waxing studios
Child Care
Child care centres, after-school care providers, nanny agencies, family day care services, early learning centres, vacation care programs
Construction
Builders, home renovation businesses, painting contractors, landscaping companies, plumbing services, electrical contractors, carpentry businesses
Creative Industries
Graphic design studios, photography businesses, interior design firms, art galleries, advertising agencies, fashion design studios
Education & Training
Private tutoring services, vocational training providers, language schools, driving schools, music schools, dance academies, art classes
Event Services
Wedding planning businesses, party supply rentals, catering companies, DJ services, audiovisual equipment hire, marquee hire services
Financial Services
Mortgage brokers, insurance brokers, financial planning practices, bookkeeping services, tax accountants, superannuation advisors
Fitness & Recreation
Gyms, yoga studios, personal training businesses, dance schools, martial arts academies, pilates studios, rock climbing centres
Food & Beverage Production
Microbreweries, artisanal bakeries, food manufacturers, boutique wineries, coffee roasters, distilleries, cheese makers, gourmet condiment producers
Healthcare
Medical clinics, dental practices, physiotherapy centres, chiropractic offices, psychology practices, optometrists, podiatry clinics
Home Services
Cleaners, gardeners, pest controllers, pool maintenance businesses, handyman services, carpet cleaners, home care providers
Hospitality
Cafes, restaurants, food trucks, bed and breakfasts, pubs, bars, fast food outlets, catering services, nightclubs
Manufacturing
Furniture makers, clothing manufacturers, craft breweries, food producers, metal fabricators, packaging manufacturers, textile mills
Pet Care
Veterinary clinics, dog groomers, boarding kennels and catteries, dog walkers, pet shops, animal trainers
Printing & Signage
Print shops, sign-making businesses, custom t-shirt printing services, banner printing, promotional product suppliers
Professional Services
Law firms, accounting practices, marketing agencies, IT consultancies, financial advisory firms, engineering consultancies, architectural firms
Real Estate
Real estate agencies, property managers, strata managers, buyers’ agents, property developers, valuers
Repair & Maintenance
Appliance repairers, locksmiths, phone and electronics repairers, building maintenance contractors, machinery servicing, glaziers
Retail
Clothing stores, grocers, specialty food shops, bookstores, gift shops, electronics stores, homewares stores, pharmacies
Technology
Web development agencies, app development companies, IT support services, digital marketing firms, software development companies, cybersecurity consultancies
Transport & Logistics
Couriers, freight and trucking companies, warehousing and distribution, removalists, bus and coach operators, taxi and hire car businesses
Wellness & Alternative Health
Naturopathy clinics, acupuncture practices, meditation centres, health food stores, yoga and pilates studios, aromatherapy services