HR Foundations & Compliance
Getting the basics right, and finding the exposure before someone else does.
The contract matters most on the day the relationship ends
While things are working, nobody looks at the contract. It matters at the difficult moments (a termination, a dispute, a restructure, someone leaving for a competitor) and by then it's too late to improve it.
A surprising number of WA businesses are operating on contracts issued a decade ago, contracts inherited from a previous employer, offer letters that were never followed by a contract, or nothing at all.
You might be dealing with
- Employees with no written contract
- Templates that haven't been reviewed in years
- Contracts that don't reflect what people actually do
- Uncertainty about whether your contracts sit correctly with the applicable award or agreement
- Annualised salary or set-off arrangements you're unsure about
- Casual contracts for people working regular patterns
- Contractor agreements that may not withstand scrutiny
- Senior appointments needing restraint, confidentiality and IP provisions
- A change in terms you need to implement properly
What's included
- Review Existing contracts assessed against the applicable instrument, current obligations and what the business actually needs.
- Drafting Templates for each employment type you use (permanent, part-time, maximum term, casual) written to be clear to the person signing.
- Senior and executive contracts Where notice, incentives, confidentiality, intellectual property and post-employment restraints need real attention.
- Set-off and annualised arrangements Structured so they do what they're intended to do, which many don't.
- Contractor agreements Drafted with attention to the substance of the relationship, not just its label.
- Variations Changing terms properly, with consideration of what requires agreement rather than direction.
- Onboarding pack Contract, policies, acknowledgements and induction documentation as a coherent set rather than four separate emails.
What a good contract does
- Reflects reality Hours, location, duties and reporting as they actually are.
- Sits properly with the instrument A contract can't undercut an award or agreement, and one that appears to creates a problem rather than solving one.
- Allows reasonable flexibility Duties, location and roster provisions that let the business operate without needing a new contract each time something shifts.
- Protects what needs protecting Confidentiality, intellectual property, and restraints that are drafted to be enforceable rather than aspirational.
- Is readable A contract the employee didn't understand is a weaker document, and unnecessarily adversarial from day one.
Common questions
We've never had written contracts. Is that a problem?
It's a risk rather than an offence: employment exists regardless. But without a written contract the terms are whatever can be inferred, which is a poor position in any dispute. Note that certain information must be given to new employees, and there are prescribed statements that must be provided.
Can we just change someone's contract?
Generally not unilaterally, for anything material. Changes to terms usually require agreement, and the way a change is implemented matters as much as the change itself.
Are restraint of trade clauses enforceable?
Sometimes, and drafting is decisive. Restraints that go further than necessary to protect a legitimate business interest are frequently unenforceable. A carefully limited restraint is worth considerably more than an ambitious one.
Do you draft these, or does a lawyer?
We draft and review employment documentation as HR practitioners, and we're clear about where legal advice is required: restraints, executive arrangements and anything contentious. We work alongside employment lawyers regularly.
Ready to talk?
Tell us what you need and we'll take it from there.
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A structured review of your people practices, documentation and compliance position, with findings ranked by risk and a practical plan.