Human Resources

///Human Resources
Human Resources 2016-10-17T10:36:50+00:00

WEare a full services Accounting and business advisory firm based in Sydney, Australia. We pride ourselves on having the skills and experience to deliver effective solutions to our clients. We make our advice easy to understand and back it up with one-to-one contact. Our skill and expertise form the backbone of our firm.

Our team consists of skilled, experienced and multi-disciplinary professionals, a talented and focused group that maintains ongoing professional education and updated resource tools. The skill and experience of our team ensures we provide the highest standards of service you would expect at the largest accounting firms, at a more cost effective price.

Societe Alliance offers the following suite of services.


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The new bullying guideline alters the playing fields in the workplace. What the practical implications for employers are?

  • The new bullying rules – is it too interfering
  • Powers to lodges bullying claims at Fair Work Commission – the process
  • Direct claims to Fair Work Commission – heavy onus on the employer
  • The powers of the commission when finding of bullying is made out – penalties and orders
  • The bullying jurisdictions and its relationship with other areas such as adverse action and WHS
  • Performance management and bullying – when they are same thing?
  • Do the current bullying rules apply to union representatives?
  • Developing bullying policy and anti-bullying strategies
  • Identifying hazard and assessing the risk factors – onus employer
  • Developing expectations of appropriate behaviour
  • Implementing an appropriate compliant handling procedure
  • Training manager to enforce workplace policy
  • Managing parties after allegation – from HR representative
  • Making sure HR and safety committee are working in unison
  • Common law remedies for bullying
What can and cannot be done with workers suffering mental health problems? What are your obligations as an employer? What is best practice in the management of mentally ill workers?

  • Creating a healthy and safe workplace – why we must do it
  • Mental health risks in the workplace – how to avoid them
  • Employer legal obligations to employees sufferings mental health problems
  • Should employees with mental health issues get special considerations?
  • Discrimination and mental health – avoiding a legal minefield
  • Gaining commitment from senior management to manage mental health issues at work
  • Managing employees to deal with job stress and anxiety disorder
  • Organisational strategies and training program – best solutions
  • Can you dismiss a worker with mental health problems?
Current trend with higher damages awards are of concern and place an added burden on the already overburdened employer. Being forewarned is to be forewarned.

  • Defining sexual harassment – what are the limits of definitions
  • Obligation of employer under sexual Discrimination Act
  • Constructing suitable polices to prevent and eliminate sexual harassment
  • Developing suitable training programs for employees
  • Trend towards higher rewards – why is this occurring?
  • Minimising the risk in the workplace – is there Xmas party risk?
  • Assessment of damages for sexual harassment – is it like tort claim?
  • Punitive damages – What may give rise to an award of punitive damages
  • Penalties for breach – understating the costs
The incidence of theft in the workplace is increasing and reflects similar is the wider community. How to handle it in the workplace to contain and manage risk is the subject of our consulting service. It includes:

  • Why employee steel – don’t make it too easy
  • Developing workplace policies to deter theft
  • Creating culture of ethics and compliance
  • Corporate governance issues – divisions of responsibility
  • Investigating suspicion of theft – collecting evidence
  • Seeking legal advice before talking to employee
  • When and how do you interview with the employee
  • What are employee rights when accused of theft?
  • Contact with police – the do’s and don’ts
  • How should you terminate an employee following theft?
The employment contract is the key tool in managing employment relationship. It must be carefully drafted to meet the expectation of both parties. What does this mean in practice? Our expertise covers the issues relating to construction and interpretation of the employment contract and includes:

  • What type of contract is it? Defining who and what you are contracting with and for what purpose
  • Constructing non-compete/restraint of trade clauses
  • Intellectual property clauses – protection for the employer
  • Pay’ overtime and benefit clauses – for award and non-award employees
  • Commissions and bonus schemes – how they are dealt with in the employment contract
  • An implied term of mutual trust and confidence – where to from here?
  • How to address change in working hours and other changes over time in the contract
  • Managing performance in the contract – where employee claims unable to carry out duties
  • Ensuring contract is a complete record of the agreement between the parties reviewing the status of policies and handbooks
  • Determining when a breach arises and consequences of breach
  • Can you renegotiate or vary the employment contract?
You may think they are independent contractors but the law may say otherwise. Given the huge tax and employment law risk if you make a mistake, this is one matter you must get right. We guide you on the issues like:

  • What are the main criteria for establishing independent contractor status – stand-alone business?
  • Workplace relationships that are clearly not independent contractor arrangements
  • Definition of employee – is it still degree of control?
  • General protection provisions – do they apply to independent contractors?
  • Dealing with labour hire firms – two employers or one?
  • Dodgy workplace arrangements – when is it a sham contract?
  • Penalties for sham contracting under the Fair Work Act
  • What records must you keep? – Does it differ between employees and contractors?
  • What happens if an employee is incorrectly treated as an independent contractor?
Every workplace needs policies but what are the essential “must have” policies and what should do in them? Some adopt a minimalist approach and some want policies on everything. Getting the policy maze right for your business is our job:

  • Why have polices in the first place?
  • The difference between guidelines and polices
  • Policy choices
  • Developing company specific polices – when and how
  • The more problematic policies – when should they go in and what should they say?
  • Policies and contracts of employment – what should the contract say?
  • Consequences of employee or employer breaching policy
  • The interaction between policies and the general protection provisions
Flexibility in the workplace is becoming easier through advances in technology: the Government legislation before parliament on flexibility is testament to that. What others drivers are influencing the debate? More important still is to understand how to respond to requests for flexibility and best practice options to implement a flexible workplace.

  • What make flexible work arrangements?
  • Employee and employer rights to request flexible work arrangement
  • Understating the Regulatory landscape in creating flexible workplaces
  • What are the formal requirements?
  • Responding to request to flexible work arrangements
  • Continuation with employee about flexible work arrangement – understating proper process
  • Individuals flexibility arrangement – what you can and can’t do
  • The Government reforms on IFA’s – What they will mean in practice
  • Is it discriminatory to refuse part time requests?
  • Common flexible work arrangements – case studies
Privacy concerns us all but what do we really know about it? Getting clear guidelines in place at your workplace from the outset of the employment relationship is a good start. We can assist you in this process and that includes:

  • New privacy principles – implications for your workplace
  • What are employee privacy rights?
  • Employer obligations and right on privacy
  • Internet’ intranet and extranet – employer information access issues
  • Employer use of employee information – extent of powers
  • Phone’ email and location monitoring – what is allowable
  • Closed circuit camera monitoring – can this happen in the workplace?
  • Worker recording meeting with employer – privacy implication
  • Employee health records and privacy – use of private health information
  • International labour organisation code of protecting employee personal data
  • Undertaking privacy audit
  • Training managers to deal with privacy
  • Importance of updating privacy policies
The Fair Work Act prohibits adverse action against employees particularly when they engage in industrial activity and exercise workplace. What does it really mean, how does it arise and what should you do to prevent adverse action claims?

  • What is workplace right
  • What constitutes adverse action under the Fair works Act?
  • Adverse action and union and industrial activity
  • The impact of the Barclay case and what it means for employer
  • The reverse onus and how to discharge it
  • What must be in the mind of the employer when decisions are made by them
  • Performance management – when is this adverse action?
  • Can bullying be used to support an adverse action claim?
  • Adverse action and the negotiation process – both before and after a claim
  • Union involvement in adverse action matters brought by others
  • What is the extent of employer rights in adverse action claims?
  • Risk management to prevent or defend adverse action claims – importance of document trail
The Fair Work Act imposes a legal obligation to engage in consultation in various situations. Of course engaging in consulting is a viable communication tool that should be done anyway.

  • When consultation is mandatory – roster changes and other statutory requirements
  • Consultation obligations when there is change with “significant effect” – when is this?
  • Consultation and Enterprise agreements
  • Model consultation clauses in enterprise agreements
  • How do you know when you are complying with consultation obligations?
  • Consulting obligations on restricting in the workplace
  • Consultation with employee representative – understanding your obligations
The industrial landscape is inevitably changing and this includes Enterprise Bargaining. Our HR Consulting service looks at current trends in enterprise bargaining, and includes:

  • Enforcement of Good Faith Bargaining under s228 FWA
  • The restraints on surface bargaining
  • Notices of protected industrial action and application for stop orders
  • Interaction of protected industrial action and Good Faith Bargaining
  • Developments in termination of protected industrial action
  • Bargaining and protected industrial action – what can employers’ track out from this?
  • Union right of entry for employer designed meeting places
  • Variation to enterprise agreements to reduce costs
  • Status of no extra claims clause – implications of Toyota and beyond
  • The future of collective bargaining
  • Should the Government allow agreements to be amended individually?
  • Restrictions on contracting out work – implications of UFF v CFA
  • Scope orders – What is a fair coverage for an agreement?
  • Consultation – new amendments to fair Work Act requiring consultation
  • What happens when you can’t bargain?
  • Acquiring workers after business acquisition who are under an EA – key issues

Employment law issues with senior executives and international postings

Executive employment – getting and maintaining top talent

Correct executive recruitment is vital and once recruited getting them to hang around is an ongoing challenge. This can be made easier by doing a few things very well.

  • Negotiating employment contracts
  • Varying executive contracts – when can this be done and how
  • The rights of the executive – are they different from other employees?
  • Essential terms for the executive contract
  • Should you incorporate policies into the executive employment contract?
  • Commission and bonus plans for executives – practical implementation issues
  • Avoiding misleading and deceptive conduct in the negotiation process
  • Dealing with conflicts of interest in the employment contract
  • Negotiating enforceable restraints
  • Dealing with the corporation Act requirements pertaining to executives
  • What implied terms do you need to know about?
  • Are executive covered by an award? Implications if they are
  • The cap golden handshakes – how to apply it
  • Executives bringing action under General Protection rules s340 Fair Work Act
  • Assessment of damages in wrongful dismissal claims involving senior executives

Employing foreign workers – expatriates employment contracts

Foreign workers may apply for a job you have advertised. What does an employer do to manage risk and protect their position when it comes to foreign labour?

  • Role of enterprise migration agreements
  • What employer sponsored visas apply?
  • Use of 457 Visas- essential facts employer must know
  • Meeting criteria for sponsorship
  • When will a regional skilled migration scheme apply?
  • Training eligibility benchmarks for your business – when does this apply?
  • The worker protection act – its relevance for foreign labour
  • Due diligence assessment of foreign labour
  • Negotiating expatriate employment contracts
  • Employing expatriates – scope of awards and legislation
  • You have employed foreign labour – where is the contract made?
  • Workplace entitlement s for expatriates
  • Confidentiality and expatriates employment agreements
  • Employing illegal labour – understating the risk
  • Using defences under the Migration Act


Tips and traps of international secondment

You are sending a key employee overseas to fill an important role. Have made sure the proper processes have been undertaken? Have you considered the issue from the employee’s perspective? Do you understand the laws of the country they are moving?

  • Tax and superannuation issues on secondment
  • Ensuring compliance with workplace laws hen seconding people
  • Long service leave and other entitlements – during your due diligence
  • Establishing a global code of conduct
  • Dealing with comparative global ethics
  • Ensuring compliance with key legislation – anti bribery legislation and other






February 2018
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