Employment Contracts
We specialise in drafting and preparing contracts of employment as well as contracts for the provision of services. We can tailor a contract to suit the needs of individual businesses, or review existing arrangements to ensure they meet current legislative requirements, as well as the objectives of the respective business. We do not have a policy of developing a "one size fits all" contract, but work with our clients to develop, negotiate and implement contracts and agreements specifically designed to meet the individual circumstances, as well as the need to maintain contemporaneity with the ever changing industrial and employment climate.
Workplace Agreements
We have extensive expertise in the design, negotiation, approval and renewal of Certified Workplace Agreements.
Strategic Industrial Relations and Employment advice
Rochfort, Associates provides strategic solutions to short and long term workplace issues. Strategy and finding solutions to issues is our specialty.
With fresh industrial legislation in the form of the "Fair Work Act, 2009", there is a whole new set of imperatives for Companies when determining directions for their industrial relations and employment arrangements. In particular, there are requirements for identifying employees as distinct from independent contractors and the tests to be applied as to whether a person is an independent contractor. Similar ambiguity arises in situations where Companies seek to engage and identify employees as casuals for quite the wrong reasons. The contribution that Rochfort, Associates can make to determining the right directions to take in engaging persons in the relevant capacities will greatly assist Companies abilities to make the right decisions to maximise productivity and eliminate problems "down the line".
Union Disputes
Union issues? Dealing with unions effectively requires experience and a good understanding of industrial relations. We have both - as well as a reputation for resolving union disputes for the benefit of all parties in the workplace.
It is important to remember that Unions are not the enemy in the industrial relationship. They are, however, the representative of the employees (and the de-facto bargaining agent for members when negotiating for enterprise agreements) and therefore are seeking outcomes which principally are of benefit to their members. They have to be recognised accordingly. There is considerable purpose for Companies to also have an arms-length representative, and especially one with the depth of experience that Rochfort, Associates has to offer.
Award Negotiations
We have represented a number of industry bodies in negotiating Awards setting the minimum conditions applicable to industry. Under previous wage fixing principles we represented these bodies in hearings before the Australian Industrial Relations Commission, (including the National Wage Case Full Bench) as well as major benches of various Industrial Commissions, and more recently before Fair Work Australia.
Collective Bargaining Negotiations
Of more immediate concern to Employers (and Employees, for that matter - Rochfort Associates has represented Employees as well Employers in the enterprise bargaining processes) is the handling of claims for negotiations to be undertaken with a view to reaching a Collective Bargain for the workplace.
The Full Bench of Fair Work Australia has found that there does not have to be consensus between management and the workforce for bargaining to be initiated - a request from the employees to management is sufficient for a requirement that bargaining commence, even if, in the long run, the process does not lead to an Agreement being concluded. Rochfort, Associates can provide vital input and assistance in achieving whatever outcome is appropriate, having regard to all the views expressed by the parties.
Award Interpretation & Implentation
Awards can be difficult and confusing to read and understand. We specialise in plain English interpretation and application of industrial legislation and regulation.
Discrimination Law
We also have wide expertise in dealing with issues which arise under all aspects of Anti-Discrimination legislation especially in devising policies and procedures to enable and assist employers and for business procedures which mimimise exposure to potential claims under the legislation. We have extensive experience and recognition in appearing before the Human Rights and Equal Opportunity Commission (AHREOC), representing both applicant and the employer respondents.
Bullying & Harassment
Rochfort, Associates conducts on-site training on bullying and harassment issues in the workplace, and investigates and mediates bullying and harassment complaints.
We have a clear understanding of bullying and harassment law and are able to indentify situations where bullying and harassment has occurred or might occur, and, conversely in indentifying situations where false or extravagant accusations may have been made. We have a record of achieving settled outcomes in this area, for both employers and employees.
The Victorian Parliament has recently passed legislation making workplace bullying a criminal offence, with offenders facing up to 10 years' jail.
Comment
Statistically, bullying and harassment has become a major workplace issue, and the victims frequently are non-performing because they feel humiliated and, at the extreme end, lodge claims for Workers Compensation which impact quite severely upon Company productivity. The result of a survey undertaken by the AHREOC revealed that 28% of all women and 7% all of men have been sexually harassed in the workplace at one time or another, 22% of women in the workplace and 7% of men experiencing sexual harassment just in the past year alone. In other words, the problem is not one which can be ignored in the hope "it won't happen to me".
Dispute Resolution
We have expertise in workplace negotiation and mediation of disputes. We can help employers to implement processes to prevent industrial disputes before they arise, as much as to resolve issues once they have occurred.
Negotiation
Effective outcomes require skilled negotiation and a solid understanding of industrial relations - we have extensive skills and experience in these areas. We also undertake negotiations with other bodies, such as statutory authorities.
Mediation & Arbitration
We believe in alternative dispute resolution as a primary step. We can help both employers and employees to find practical and realistic outcomes to which everyone involved will agree and commit. In the event that this outcome cannot be achieved, we have over 35 years experience in providing advocacy services in and before Fair Work Australia and the range of Industrial Commissions and Tribunals.
Unfair Dismissal and Adverse Action
We have over 30 years experience in dealing with allegations of unfair dismissal in all jurisdictions of Australia, from the preparation of documents to conciliation to arbitration, if it comes to that. We pride ourselves in being able to resolve matters during the conciliation process.
General Protection Orders (Adverse Action) applications are being received by Fair Work Australia (FWA) at the rate of 566 during the March, 2011 quarter, and rising, while 3219 applications for remedies for alleged unfair dismissal were received by FWA during the same period. Approximately 80% of these were able to be settled during the compulsory conciliation process (which is conducted by telephone) - it pays to have effective representation at this stage of the overall process.
We represent both employer and individual employee clients with respect to "Unfair Dismissal" as well as "General Protection Orders" claims.
Underpayment Claims
Are you subject to a claim by an employee for unpaid wages? Have you been underpaid? Rochfort, Associates can advise you and help you enforce your rights under an Award, Agreement or contract of employment.
For companies, the need to correctly interpret pay obligations, including the correct classification of employees, cannot be too highly emphasised. In a recent hearing in the Federal Magistrates Court, the director of a company which was found to have underpaid employees, was ordered to pay a fine of $72 000 on the basis that the director was deemed to have been "complicit" in the company's breaching legislative provisions. The Magistrate commented that the penalty "sends a clear message to company directors that they can be held accountable for the failure of their businesses to provide workers with their full entitlements". It is a message worthwhile heeding, stressing the need for companies to take all reasonable steps to ensure it does not happen to you, even unwittingly.
Performance Management
Managing employees is always difficult but especially when their performance is not up to Company standards. Addressing performance concerns with employees does not always achieve positive improvements and can easily decline into "no-win" outcomes and legal wranglings.
Prevention is better than a cure - we can help you avoid disciplinary proceedings by guiding you through the right processes.
Human Resource Management
Rochfort, Associates can help you prepare and implement effective polices, procedures and training on a range of human resource management issues and can provide experience personnel who can assist and advise you on preparing a Policy Manual or Employee Handbook which then becomes part of the terms and conditions of employees employment.
Company Policies & Procedures
We have extensive experience and expertise in the preparation and implementation of Policy and Procedure Manuals and Employee Handbooks across a range of industries, especially when these need to be integrated as part of the terms and conditions of employment.
OH&S
We can put you in contact with our Associates who are expert in risk management and safety procedures to help protect you under occupational health and safety legislation.