Business & commercial

Employment law for Victorian employers.

Most employment problems are cheap to prevent and expensive to fix. CMK Legal advises Victorian employers on hiring, awards and pay, performance management, restructures, terminations and unfair dismissal claims, practical advice that keeps you out of the Fair Work Commission.

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Solicitor-drafted

Advice from a solicitor who has run the terminations, not a template service.

Practical timeframes

Same or next business day for urgent terminations and Fair Work claims.

Fixed fee, quoted first

Fixed fee for contracts, policies and advice; hourly work estimated up front.

Australian commercial law

Fair Work Act, modern awards, OHS and anti-discrimination law.

What employment law covers.

Every national system employer is subject to the Fair Work Act, the National Employment Standards and, in most cases, a modern award or enterprise agreement. Together these set minimum pay, allowances, penalty rates, hours, leave, notice, redundancy and consultation obligations. Award misclassification and underpayment are now the single most common source of employer liability, with serious contraventions attracting substantially increased penalties and wage theft criminalised.

Beyond pay, the exposure sits in how people leave. Unfair dismissal applications must be lodged within 21 days and turn as much on process as on the reason, a valid reason, notified, with an opportunity to respond and a support person allowed. General protections and discrimination claims are broader again, can be brought by employees and contractors, and have no minimum employment period and no compensation cap.

The other live area is what employers must do proactively. The positive duty under the Sex Discrimination Act requires employers to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and hostile work environments. Psychosocial hazards must be identified and controlled under Victorian OHS obligations. Both are enforced by reference to your policies, training and records.

An unfair dismissal application must be lodged within 21 days of dismissal, and the response window is equally tight. Call us on the day you receive one, not the week before the conciliation.

Where we help employers.

Getting the foundations right

Award coverage and classification confirmed, contracts that match the actual role, correct treatment of casuals and contractors, and set-off clauses drafted so annualised salaries genuinely cover award entitlements.

Performance and misconduct

Warnings, performance plans, investigations and show-cause processes run so that if a dismissal follows, the reason is valid and the process defensible.

Restructures and redundancy

Genuine redundancy tested, consultation obligations under the award met, redeployment considered and documented, and entitlements and deeds of release prepared.

Claims and disputes

Unfair dismissal, general protections, bullying and discrimination claims responded to, jurisdictional objections raised where available, and conciliations attended with a clear settlement strategy.

Call us before you act if.

  • You are about to dismiss someone or ask them to resign
  • You are unsure which modern award covers your staff
  • You have found an underpayment across a period of employment
  • You are restructuring and roles may become redundant
  • You have received a Fair Work Commission application
  • A serious misconduct or harassment complaint has been made
  • You are hiring your first employees or moving contractors to staff
  • You need to enforce a restraint against a departing employee

The cheapest call you will make is the one before the termination. Fixing process after the event is rarely possible.

How we work with employers.

  1. 01

    Position and risk

    We confirm award coverage, employment status, service and the facts, then set out your exposure clearly.

  2. 02

    Strategy

    Options and likely outcomes, including the commercial cost of each path, so the decision is yours with eyes open.

  3. 03

    Process and documents

    Letters, show-cause correspondence, meeting scripts, termination letters and deeds of release prepared.

  4. 04

    Execution

    We guide the meetings in real time and adjust where the employee's response changes the position.

  5. 05

    Defence or clean-up

    Any claim responded to and negotiated, and the underlying contracts and policies fixed so it does not recur.

Transparent employment fees.

Contracts, policies and one-off advice are fixed fee, quoted before we start. Terminations are usually quoted as a package covering advice, correspondence and a deed of release. Fair Work claims are estimated stage by stage, response, conciliation, and hearing, so there is no open-ended commitment.

Request a fixed-fee quote

FAQs

Employment law FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Can I dismiss an employee during their probation?
Employees cannot bring an unfair dismissal claim until they have completed the minimum employment period, six months, or twelve months for a small business employer with fewer than 15 employees. That is not the same as your probation period. General protections and discrimination claims can still be brought from day one, so the reason for dismissal still matters.
What makes a dismissal unfair?
A dismissal is unfair if it is harsh, unjust or unreasonable. The Commission looks at whether there was a valid reason relating to capacity or conduct, whether the employee was notified of it and given an opportunity to respond, whether a support person was allowed, whether warnings were given for performance issues, and the size and resources of the employer.
What is a genuine redundancy?
The job must no longer be required to be performed by anyone because of changes in the operational requirements of the business, the employer must comply with any consultation obligation in the award or agreement, and redeployment within the business or an associated entity must not have been reasonable. Missing the consultation step is the most common reason a redundancy fails.
How do I know which award applies?
By reference to the industry of the business and the classification of the role, applied to the actual duties performed. It is a technical exercise and getting it wrong compounds every pay period. We check coverage and classification and confirm the position with you.
What is the positive duty and what do I have to do?
Employers must take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and hostile work environments, rather than only responding to complaints. In practice that means current policies, delivered training, a working complaints process, risk assessment and records showing all of it.
Can I pay an annual salary instead of award rates?
Yes, if the salary is genuinely enough to cover everything the award would have paid across the relevant period, the contract contains a properly drafted set-off clause, and you keep records and reconcile periodically. An annualised salary is not a licence to ignore overtime and penalties.

Related services.

Employment contracts

Compliant, enforceable contracts for full-time, part-time and casual staff.

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Workplace policies

Policy suites that meet positive duty obligations and actually get used.

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Restraint & confidentiality agreements

Non-compete, non-solicit and NDA drafting that a court will enforce.

Learn more

Need employment advice before you act?.

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