Guidance Notes

Practically focused content guiding you through key processes relevant to the matter, task or issue at hand. Our Guidance Notes break down and distil complex legal concepts to quickly get you to the answers you need. Get better insights in less time with embedded practice tips and references to leading cases and legislative provisions at the point of relevance.

Fair treatment in the workplaceUnderpayments

What are the general protections against sham contracting?

Examine sham contracting protections in Australia, including employee misclassification and penalties under the FWA with LexisNexis Practical Guidance.(read…

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Parental leaveConditions of employment

Workflow guidance with timeline for key dates and requirements for unpaid parental leave

Review unpaid parental leave timelines in Australia, including eligibility, notice requirements, and employer obligations with LexisNexis Practical…

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Fair treatment in the workplaceManaging performance - conduct and capability

What are the legal risks involved in managing employee injury/illness?

Manage legal risks for employee injury and illness in Australia, including workers compensation and return to work duties with LexisNexis Practical…

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Fair treatment in the workplaceUnderpayments

Liability for underpayments

Explore liability and contraventions under the Fair Work Act 2009 (Cth), including primary and accessorial liability with LexisNexis Practical Guidance.(read…

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Fair treatment in the workplaceGeneral protections

Are there other general protections?

Identify additional general protections in Australia, including coercion, discrimination & misrepresentation under the FWA with LexisNexis Practical…

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Employment contractsCreating a legally binding contract

Unlawful contracts

Identify unlawful employment contracts in AU, including prohibited terms, statutory breaches & risks of unenforceability with LexisNexis Practical…

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Employment contractsCreating a legally binding contract

Consideration and certainty

Apply consideration and certainty principles in Australian employment contracts, including enforceability and drafting with LexisNexis Practical Guidance.(read…

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Employment contractsCreating a legally binding contract

Offer and acceptance

Explain offer and acceptance in Australian employment contracts, including how offers are made, accepted, and become binding with LexisNexis Practical…

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Employment contractsCreating a legally binding contract

Intention to enter a legal relationship

Analyse intention to enter legal relationship in Australia, including how courts assess conduct and identify binding terms with LexisNexis Practical…

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Employment contractsCreating a legally binding contract

Capacity to enter into contracts of employment

Assess legal capacity to enter into an employment contracts in Australia, including minors, mental disability limits & risks with LexisNexis Practical…

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Parental leaveConditions of employment

Parental leave under state systems

Outline parental leave under state systems in Australia, including NSW awards, public sector entitlements, and differences with LexisNexis Practical…

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Parental leaveConditions of employment

Types of parental leave under the national system

Learn about parental leave under the national system in Australia, including unpaid, maternity, and pre-adoption leave with LexisNexis Practical Guidance.(read…

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Parental leaveConditions of employment

Returning from parental leave under the national system

Understand return to work after parental leave in Australia, including Fair Work Act rules, notice requirements, and duties with LexisNexis Practical…

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Parental leaveConditions of employment

Applying for parental leave under the national system

Learn how to apply unpaid parental leave rules in Australia, including eligibility, extension requests & dispute processes with LexisNexis Practical…

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Parental leaveConditions of employment

Managing national system employees on parental leave

Understand management of national system employees on parental leave in Australia, including NES entitlements & obligations with LexisNexis Practical…

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Fair treatment in the workplaceGeneral protections

An introduction to the general protections

Understand the general protections regime in Australia, including workplace rights, adverse action, and protections with LexisNexis Practical Guidance.(read…

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Fair treatment in the workplaceManaging performance - conduct and capability

Effective management of employee misconduct

Learn how to manage employee misconduct in Australia, including setting behaviour standards, conducting fair processes and addressing serious misconduct.(read…

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Fair treatment in the workplaceManaging performance - conduct and capability

Key considerations for inquiries or investigations — purpose, waiver and privilege

Manage legal risks in workplace investigations in AU, including privilege waiver, procedural fairness & misconduct handling with LexisNexis Practical…

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Fair treatment in the workplaceManaging performance - conduct and capability

Managing employee underperformance at work

Improve management of performance issues in Australia, including underperformance, reviews, and disciplinary steps with LexisNexis Practical Guidance.(read…

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Fair treatment in the workplaceOutbreaks of disease or illness in the workplace

Vaccination in the workplace

Understand vaccination in the workplace in Australia, including employer directions, safety duties, and discrimination risks with LexisNexis Practical…

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Employment contractsExpress and implied terms and varying an employment contract

How can the terms of an employment contract be varied?

Know when employment contract terms can be varied in Australia, including agreement requirements, clauses, and breach risks with LexisNexis Practical…

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Employment contractsExpress and implied terms and varying an employment contract

Which terms can be implied into an employment contract?

Learn about implied terms in employment contracts in Australia, including duties of trust, good faith & statutory implications with LexisNexis Practical…

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Employment contractsExpress and implied terms and varying an employment contract

What importance do express terms have in establishing an employment relationship?

Examine express terms in employment relationships in Australia, including clarity, enforceability, and contractual risks with LexisNexis Practical…

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Employment contractsIndustrial instruments policies and minimum standards

What effect do awards and enterprise agreements have on the employment relationship?

Understand awards and enterprise agreements in Australia, including minimum terms, interaction with contracts, and risks with LexisNexis Practical…

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Employment contractsIndustrial instruments policies and minimum standards

What effect do statutory minimum standards have on the employment relationship?

Examine statutory minimum standards in Australia, including NES entitlements, interaction with contracts & compliance risks with LexisNexis Practical…

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Employment contractsIndustrial instruments policies and minimum standards

What effect do employer policies have on the employment relationship?

Understand the effect of employer policies in Australia, including contractual incorporation, enforceability, and risks with LexisNexis Practical…

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Employment contractsNegotiating and drafting contracts with workers

Issues to consider when advising on an employment contract — Preparatory steps and other issues<

Know the preparatory steps when advising on employment contracts in Australia, with scope of advice, key terms & drafting with LexisNexis Practical…

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Employment contractsNegotiating and drafting contracts with workers

Issues to consider when advising on an employment contract — Incapacity/sickness and other issues

Examine issues when advising on employment contracts in Australia, including incapacity, sickness clauses & drafting risks with LexisNexis Practical…

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Employment contractsNegotiating and drafting contracts with workers

Fixed term or maximum term contracts

Understand fixed-term and maximum-term contracts in Australia, including termination, enforceability, and statutory limits with LexisNexis Practical…

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Fair treatment in the workplaceUnderpayments

Underpayments of entitlements

Address underpayment of entitlements in Australia, including award breaches, superannuation underpayments, and liability with LexisNexis Practical…

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Employment contractsNegotiating and drafting contracts with workers

Contracts — drafting techniques

Learn contract drafting techniques in Australia, including plain English drafting, structuring documents effectively with LexisNexis Practical Guidance.(read…

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Ending employmentNotice of termination

When can an employment contract be terminated without giving notice?

Understand termination without notice, including serious misconduct, contractual rights & risks of wrongful dismissal with LexisNexis Practical…

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Ending employmentNotice of termination

How much notice must an employee give when resigning?

Learn about resignation notice requirements in Australia, including contract terms, award obligations, and penalties with LexisNexis Practical Guidance.(read…

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Fair treatment in the workplaceGeneral protections

General protections — establishing liability and the reverse onus of proof

Explore reverse onus of proof in general protections in Australia, including liability, adverse action & prohibited reasons with LexisNexis Practical…

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Fair treatment in the workplaceGeneral protections

Are there general protections for engaging in industrial activities?

Assess protections for industrial activities in Australia, including adverse action rules and rights under Fair Work Act with LexisNexis Practical…

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Fair treatment in the workplaceGeneral protections

How is an action to enforce a general protection initiated or defended?

Review general protections claims in Australia, including initiating and defending claims, conciliation, court proceedings with LexisNexis Practical…

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Fair treatment in the workplaceGeneral protections

What is a “workplace right”?

Identify workplace rights in Australia, including statutory entitlements, protections under FWA, and adverse action risks with LexisNexis Practical…

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Fair treatment in the workplaceGeneral protections

Who can make an adverse action claim?

Understand who can make an adverse action claim, including employees, prospective employees & protections under FWA with LexisNexis Practical…

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Parental leaveConditions of employment

Commonwealth-funded Parental Leave Pay

Learn how Commonwealth-funded Parental Leave Pay operates under the Paid Parental Leave Act, including eligibility, flexible payments and scheme reforms.(read…

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Fair treatment in the workplaceGeneral protections

General protections — What remedies are available?

Understand remedies for adverse action claims in Australia, including FWC conciliation, mediation, and court remedies with LexisNexis Practical Guidance.(read…

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Employment contractsNegotiating and drafting contracts with workers

Issues to consider when advising on an employment contract — Probationary period and other issues

Review issues when advising on employment contracts in AU, including probationary periods, notice provisions & more with LexisNexis Practical…

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Starting workRecruitment

Pre-employment representations

Explain pre-employment representations, including recruitment statements, contractual impact, and employer liability risks with LexisNexis Practical…

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Restraints of trade and confidentialityPost-termination restraints

Enforceability of post-employment restraints

Understand enforceability of post-employment restraints in Australia, including reasonableness, and scope of restrictions with LexisNexis Practical…

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Restraints of trade and confidentialityPost-termination restraints

Drafting post-employment restraint clauses

Learn drafting post-employment restraints in Australia, including scope, confidentiality protections & enforceability risks with LexisNexis Practical…

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Senior executives and officersExecutive contracts and appointment letters

Resignation, removal and remuneration of directors

Learn how directors resign, are removed and remunerated in Australia, including legal requirements, ASIC notification obligations and governance…

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Senior executives and officersExecutive contracts and appointment letters

Company directors and company secretaries

Understand company directors and secretaries in Australia, including governance roles, board functions, statutory duties, and Corporations Act…

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Senior executives and officersExecutive contracts and appointment letters

Drafting executive contracts

Learn how to draft executive employment contracts in Australia, including remuneration terms, representations, and managing legal and commercial risks.(read…

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Starting workRecruitment

Employee references

Learn how employee references operate in Australia, including legal risks, defamation issues, accuracy requirements and when employers may decline…

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Starting workRecruitment

Effective management of risks in the recruitment process

Explore managing recruitment risks in Australia, covering discrimination laws, hiring procedures and ensuring fair and compliant recruitment processes.(read…

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Starting workRecruitment

Employment advertisements

Learn how to draft employment advertisements in Australia, including discrimination risks, misleading statements & compliance with LexisNexis Practical…

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