The complex, and constantly changing, nature of legislation in the field of employment law has created an environment in which many businesses find it difficult to keep up to date and ensure that they are complying with all of the relevant requirements and regulations.
At Coleman Greig we can review your compliance with the various aspects of legislation, Awards and Enterprise Agreements to minimise the risks to your business. We provide detailed advice as to your compliance and an assessment of possible risks as well as a practical, commercial view as to how to handle them, awareness of pending changes relevant to your business, and strategic factors in deciding on the future shape of contracts/workplace agreements/modern awards as applicable to your business
As part of our Employment Law services, we can review some or all of your:
- employment contracts or workplace or enterprise agreements
- leave policies and payroll practices
- immigration compliance,
- discrimination, email/internet, drug and alcohol, WHS, workplace surveillance policies,
- termination processes
- compliance with all of the relevant applicable awards and legislation
We can also offer training for relevant staff within your business on any relevant changes to the law that might affect their role.
Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.
Confused by modern awards? You’re not alone—and you’re certainly not without help.
Australia’s workplace laws are some of the most detailed in the world. Between award interpretation, enterprise bargaining agreements, and shifting compliance rules, it’s no wonder many businesses feel exposed. One single misstep can lead to costly back-pay claims, Fair Work investigations, or even public scrutiny.
At Coleman Greig, we help you avoid that outcome. Our employment law specialists provide clear, commercially focused advice that helps you meet your legal obligations and stay a step ahead of change.
Award Interpretation: Getting the Basics Right
Award interpretation is the legal process of identifying the correct Modern Award for your employees, understanding its terms, and applying them flawlessly in your business. It is a non-negotiable legal duty, and one that is easy to get wrong due to overlapping awards, complex classifications, and constantly evolving rules.
The complex and constantly changing nature of legislation in employment law has created an environment in which many businesses find it difficult to keep up to date and comply with all relevant requirements. At Coleman Greig, we can review your compliance with legislation, Awards, and Enterprise Agreements to prevent costly legal mistakes before they happen.
We provide detailed advice on your compliance status and assess possible risks, offering a practical, commercial view on how to handle them. We also ensure you have an awareness of pending changes relevant to your business and strategic factors in deciding the future shape of contracts and workplace agreements.
As part of our Employment Law services, we can review:
- Employment contracts, workplace agreements, or enterprise bargaining agreements.
- Leave policies and payroll practices to ensure accuracy.
- Immigration compliance.
- Policies on discrimination, email/internet use, drug and alcohol, WHS, and workplace surveillance.
- Termination processes.
- Compliance with all relevant applicable modern awards and legislation.
We can also offer training for your team on any legal changes affecting their roles. Not sure where your business stands? A Modern Award Compliance Check will give you clarity and confidence.
Understanding Modern Awards and Their Role in the Workplace
Think of a Modern Award as the legal floor for wages and conditions in your industry. These are not guidelines; they are legally enforceable rules that set the minimum standards for everything from pay rates and leave, to overtime and allowances. Even salaried employees who you assume are not covered may fall under a Modern Award—a common and costly misconception.
For example, a restaurant owner will be governed by the Hospitality Industry Award 2020, which covers everything from split-shift allowances to uniform costs. Forgetting just one of these entitlements can lead to an underpayment claim. Understanding the specific modern awards in Australia that apply to your operations is the first step toward effective compliance.
Dig deeper into Enterprise Agreements, Employment Contracts, and Workplace Policies here.
Enterprise Bargaining Agreements (EBAs): Tailoring Your Workplace Rules
While awards set a rigid, industry-wide minimum, an enterprise bargaining agreement (EBA) offers flexibility. It is a bespoke agreement negotiated between your business and your employees to create tailored conditions that suit your specific operational needs.
Businesses often pursue an enterprise bargain agreement to implement more flexible working hours, unique pay structures, or other arrangements that inspire greater productivity.
The process involves good-faith negotiation, an employee vote, and final approval from the Fair Work Commission, which ensures the EBA passes the ‘Better Off Overall Test’ (BOOT). Here’s a simple comparison:
| Modern Awards | Enterprise Bargaining Agreements (EBAs) |
|---|---|
| Set minimum industry standards | Can exceed minimums for tailored conditions |
| Fixed and regulated by Fair Work | Negotiated directly between employer & employees |
| Industry or occupation-wide | Specific to a single enterprise or business |
Crucially, an EBA cannot override your fundamental obligations under other workplace laws, such as those governing Discrimination, Harassment and Bullying.
Day-to-Day Compliance: How to Manage Award Interpretation
Effective award interpretation management is an ongoing business practice. It’s about building a system that makes compliance second nature, protecting your business day in, day out. To stay compliant, you should:
- Audit Your Systems: Regularly check that your payroll and HR systems correctly classify staff, apply the right pay rates, and calculate all entitlements.
- Train Your People: Equip your HR and payroll teams to spot compliance gaps before they become liabilities. Make sure line managers understand their obligations regarding breaks, rosters, and overtime.
- Maintain Clear Policies: Implement workplace policies that reflect award and EBA requirements, so everyone understands the rules.
- Keep Meticulous Records: Your best defence in a dispute is accurate, comprehensive records of hours worked, leave taken, and wages paid.
These practices are deeply connected to core HR functions. For related guidance, see our services for Performance Management and Employment Terminations.
The High Cost of Getting It Wrong: Risks of Non-Compliance
A mistake in applying a Modern Award or enterprise bargaining agreement is a breach of Australian law. The consequences are serious and can impact your finances, reputation, and operations. The key risks include:
- Severe Financial Penalties: The Fair Work Ombudsman actively prosecutes non-compliance, leading to heavy fines on top of back-payment orders.
- Reputational Damage: Being publicly named as a non-compliant employer erodes trust with customers, partners, and future employees.
- Workplace Conflict: Underpayment disputes destroy morale, reduce productivity, and can lead to a toxic work environment.
These are avoidable mistakes. With expert guidance from Coleman Greig, your compliance obligations become a strength, not a risk.
If you are facing scrutiny, learn more about how we can assist with Fair Work Ombudsman Investigations.
Get Proactive, Commercially-Smart Legal Advice Today
Compliance doesn’t need to be complex—but it does need to be correct. Proactive legal advice on award interpretation, modern awards, and enterprise bargaining agreements is an investment in your business’s stability and future success.
The team at Coleman Greig provides clear, practical, and strategic support to help you navigate your obligations with confidence.
Contact us or call today on [+61 2 9895 9200] to make your compliance commercially smart.
