Compliance with the Employment Laws in Australia

8 August 2025

Stay on the Right Side of the Law

In today’s ever-evolving legal landscape, compliance with employment law is more than just a regulatory requirement—it’s a cornerstone of responsible business management. At Hentys Lawyers, we provide clear, proactive legal guidance to help you navigate complex obligations under Australian employment legislation. Our goal is to protect your business from legal risks while also fostering a fair, safe, and productive workplace.

Whether you’re a small business owner or managing a large organisation, staying on top of your legal responsibilities under the Fair Work Act, workplace health and safety laws, and anti-discrimination frameworks is essential to reducing your exposure to costly disputes and penalties.

Why Employment Law Compliance Matters

Failing to comply with employment law can have serious consequences for your business, including government investigations, fines, reputational damage, and lengthy court proceedings.

We work closely with employers to ensure that their workplace policies, procedures, contracts, and day-to-day practices comply with current legal standards. With our experienced team of employment law lawyers working for your business, you can have confidence that your business is aligned with its statutory, legal, and regulatory obligations.

Key Areas of Employment Law Compliance

Fair Work Act and National Employment Standards (NES)

We provide tailored legal advice to ensure your business complies with the Fair Work Act 2009 and the National Employment Standards (NES), which outline minimum employment entitlements for all employees. This includes advice on:

  1. Minimum wage and award interpretation
  2. Employee classifications (casual, part-time, full-time)
  3. Leave entitlements (annual, parental, personal)
  4. Termination procedures and redundancy

Our employment lawyers will help you develop compliant employment contracts and workplace policies that reflect current legislative requirements.

Wage Compliance, Overtime & Entitlements

Underpayment of wages, unpaid overtime, and incorrect leave accruals are common areas of dispute and Fair Work scrutiny. We help employers audit their payroll and remuneration structures to ensure that:

  1. Employees receive lawful rates of pay, penalty rates, and allowances
  2. Overtime is handled appropriately and fairly
  3. Superannuation obligations are met
  4. Leave entitlements are managed in line with legal requirements

With our help, you can avoid claims of wage theft and ensure your payroll practices are audit-ready.

Occupational Health & Safety (OH&S) Compliance

Your duty to provide a safe working environment is a legal obligation under both local state and Australian federal OH&S laws. We assist employers in understanding and implementing their safety obligations, including:

  1. Identifying and mitigating workplace risks
  2. Developing and reviewing health and safety policies
  3. Responding to WorkSafe inspections or improvement notices
  4. Training staff on safety procedures and incident reporting

A safe workplace not only protects your staff but also reduces the risk of costly injury claims and regulatory action.

Defence of OH&S Prosecutions

Facing a safety-related prosecution can be daunting. Our experienced legal team have experience defending businesses in Occupational Health and Safety prosecutions, ensuring your business rights are protected throughout the investigation and court process. We help you:

  1. Respond to WorkSafe allegations
  2. Prepare legal defences and manage investigations
  3. Navigate regulatory interviews and enforcement notices
  4. Minimise reputational and financial damage

We act quickly and decisively to protect your business interests if you are facing potential prosecution.

Anti-Discrimination & Equal Opportunity Laws

Modern workplaces must comply with comprehensive anti-discrimination laws that protect employees from unfair treatment based on gender, age, disability, race, religion, and more. We support employers in building equitable workplaces by:

  1. Ensuring your recruitment and HR practices comply with Equal Opportunity laws
  2. Drafting and reviewing anti-discrimination and harassment policies
  3. Providing training on inclusive workplace behaviour
  4. Responding to complaints or legal claims of discrimination

We help you meet your obligations under state and federal legislation, including the Equal Opportunity Act and the Disability Discrimination Act.

Partner with Hentys Lawyers to Stay Compliant

Legal compliance doesn’t need to be complicated—Hentys Lawyers is here to simplify it. Our workplace laywers provide ongoing advisory services, policy reviews, compliance audits, and representation in the event of a dispute. By partnering with us, you can ensure that your business:

  1. Avoids breaches of employment law
  2. Maintains up-to-date contracts and policies
  3. Builds a legally compliant and resilient workforce
  4. Minimises the risk of legal claims, penalties, and employee grievances

Book a Consultation

If you’re unsure whether your business meets current employment law obligations, we can help. Contact Hentys Lawyers for a confidential consultation to assess your compliance and implement legal safeguards that protect your business and your people.

Call our office on (03) 8615 4200 or email hjk@hentys.com.au.