Is my employee covered by a Modern Award?

It can be difficult to work out if your employees are covered by a Modern Award, which award applies to their position and how to correctly apply the award to your business.

As an employer it’s your responsibility to make sure you are paying employees correctly. The consequences for getting it wrong can be very costly. Our expert employment lawyers can simplify the whole process for you.

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What is an Award Determination?

An Award Determination is where a lawyer reviews and confirms the correct award (if any) which applies to a role within your business. They will take into account the industry, occupation and duties required by the role.

It is a complex area of law and there are more than 120 awards (see Fair Work website). We can give you expert advice so you can move forward with confidence.

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Frequently Asked Questions

No, it’s possible for an employee to be award-free, but this depends on the industry, occupation, duties of the employee and other factors. It’s not easy to work out, which is why we always recommend you get professional advice to make sure you get it right.

Even if an employee is award-free, be aware that the National Employment Standards and other legislation relevant to employment (eg. superannuation and WHS) will still apply to the employee.

Every situation is different, which is why you need expert advice from a commercial lawyer. We’re small business specialists, so you know you’re in safe hands with us.We’ll consider your unique situation and let you know if we think this is right for your business.
Our head office is at Inspire Cowork – a coworking space in Sydney – but we also support flexible work for our team. Our lawyers can work from anywhere.We use technology to come to you, wherever you’re located around Australia. Many of our clients work from home or at coworking spaces, just like us.
We communicate with our clients via phone, email and Zoom – whatever works best for you. There’s no need to meet face to face, but if you’re ever in the area you’re welcome to drop in!

Generally it takes around 1 week for an Award Determination.

If something is urgent or you are working to a deadline, please let us know ahead of time and we will do our best to meet your timeline.

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