Experienced Representation For Employers In Fair Work Proceedings & Commission Matters
Employers involved in Fair Work Commission proceedings often need to make important decisions under tight deadlines. Whether you are responding to an unfair dismissal claim, defending a general protections application or dealing with an award or agreement dispute, obtaining early legal advice can significantly improve your position.
At Hentys Lawyers, we represent employers throughout Australia in Fair Work Commission proceedings. We provide practical legal advice, prepare evidence, negotiate settlements where appropriate and advocate for businesses during conciliations and hearings.
Our focus is not simply responding to claims — it is protecting your business, minimising disruption and achieving commercially sensible outcomes. We work with employers across Melbourne, Sydney, Brisbane, Perth, Adelaide and the rest of Australia.
For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.
Fair Work Services We Provide:
Our employment lawyers advise employers on a broad range of Fair Work matters.
Unfair Dismissal
Advice before termination, responding to claims, preparing evidence and representing employers throughout Fair Work Commission proceedings.
General Protections
Assisting businesses responding to adverse action claims involving workplace rights, discrimination, industrial activity and protected attributes.
Employment Contracts
Preparing, reviewing and updating employment contracts that comply with current workplace legislation while protecting business interests.
Modern Awards & Enterprise Agreements
Advice on award coverage, classifications, minimum entitlements, enterprise agreements and workplace obligations.
Workplace Policies
Developing practical workplace policies covering conduct, leave, flexible work, performance management, bullying, harassment and disciplinary procedures.
Performance Management
Helping employers address underperformance through fair, compliant performance management processes.
Workplace Investigations
Conducting independent workplace investigations into bullying, harassment, misconduct and other employee complaints.
Redundancies & Restructures
Providing strategic advice on consultation obligations, genuine redundancy requirements and organisational restructures.
Underpayment & Wage Compliance
Assisting employers with award interpretation, payroll compliance, underpayment allegations and wage audits.
Fair Work Commission Representation
Representing employers during conciliations, conferences and hearings across a wide range of Fair Work disputes.
Our Approach To Fair Work Proceedings
Successful Fair Work matters are rarely won through emotion or assumption. They are won through preparation, evidence and strategic advocacy.
We assist employers by:
- Assessing the strengths and weaknesses of each matter
- Preparing legally sound responses within strict deadlines
- Advising on commercial settlement options
- Preparing witness evidence and supporting documents
- Representing employers during conciliations and hearings
- Managing communications with the Fair Work Commission
- Minimising business disruption throughout proceedings
Our advice is always practical, commercially focused and tailored to your organisation.
What To Expect During Fair Work Conciliation
Most Fair Work Commission matters begin with a conciliation conference before progressing to a formal hearing.
Conciliation is an informal process designed to help parties resolve disputes without litigation.
During conciliation, you can generally expect:
- An informal telephone or video conference
- Each party having the opportunity to explain their position
- Private discussions between each party and the conciliator
- Exploration of possible settlement options
- Negotiation aimed at resolving the dispute without a hearing
Many matters resolve during conciliation, making careful preparation particularly important.
Common Mistakes That Increase Legal Risk
Employers often weaken otherwise defensible matters through avoidable mistakes. These commonly include:
Poor Record Keeping
Incomplete employment records make it difficult to establish what actually occurred.
Inconsistent Evidence
Different versions of events between managers or witnesses can significantly damage credibility.
Weak Witness Preparation
Witnesses who are unfamiliar with documents or become inconsistent under questioning may reduce the strength of your case.
Taking Unrealistic Positions
Overconfidence or refusing reasonable settlement discussions can unnecessarily increase legal costs and business risk.
Failing To Engage In Conciliation
Conciliation provides an opportunity to resolve disputes efficiently. Refusing to genuinely participate may result in missed commercial opportunities.
When Should Employers Seek Legal Advice?
Obtaining legal advice early often prevents workplace issues becoming formal litigation. We recommend seeking advice:
- Before commencing disciplinary action
- Before terminating employment
- After receiving a serious underpayment complaint
- Immediately after receiving a Fair Work Commission application (employers generally have only 7 days to lodge a response)
- During complex restructures or redundancies
- When allegations involve bullying, sexual harassment or misconduct by senior management
- During workplace investigations that may later become Fair Work proceedings
Early advice allows employers to preserve evidence, manage procedural fairness and avoid unnecessary legal exposure.
Why Choose Hentys Lawyers?
Employment disputes require more than technical legal knowledge. They require commercial judgement and practical experience. Our employment lawyers provide:
- Representation exclusively focused on employer interests
- Strategic advice before, during and after Fair Work proceedings
- Practical settlement negotiation
- Experienced advocacy during conciliations and hearings
- Advice that aligns legal risk with commercial objectives
- Responsive support during time-sensitive applications
Whether your matter resolves through negotiation or proceeds to a formal hearing, we work to protect your business every step of the way.
Contact Our Fair Work Lawyers at Hentys Today
Call our office on (03) 8615 4200 or email timothy.ashton@hentys.com.au
To find out more about our services, please complete our enquiry form.
Protect Your Business from Unfair Dismissal Claims
Advice tailored for employers managing dismissals, grievances and compliance.
For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.
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