Archives

Employment contracts remain the foundation of every employment relationship. In today’s complex regulatory and compliance environment, they need to do more than simply record the basics of employment.

A well-drafted, contemporary contract clearly sets out the role, responsibilities, pay, work location, and expectations regarding flexibility, confidentiality, and conduct. When these elements are left vague or outdated, the risk of disputes, compliance breaches, and operational uncertainty increases. With employee expectations evolving and hybrid work arrangements becoming common, contracts must accurately reflect the way your organisation operates.

“Employment contracts demand more than simple agreements. When employers align contracts with current laws and workplace realities, they create clarity, compliance, and confidence across their workforce.”

Too many employers continue to rely on outdated templates or copied agreements. These often fail to keep pace with legislative change, such as amendments to the Fair Work Act, modern award obligations, casual conversion provisions, or requirements for remote working arrangements. A contract that may have been suitable five years ago could now leave an employer exposed if it is non-compliant or unenforceable.

It is important that contracts are reviewed regularly, especially when new roles are created, or organisational changes take place. Doing so ensures that documentation remains relevant, compliant, and aligned with both legal obligations and the needs of the workforce.

At The BelRose Group, our People & Culture consultants work closely with organisations to create tailored and practical employment contracts. We review existing agreements, identify compliance gaps, and ensure consistency across all documentation. Whether you are engaging your first employee or managing a larger workforce, we provide contracts that are clear, enforceable, and designed to support both compliance and strong workplace relationships.

As flexible and remote working becomes a common fixture, employers must reconsider what “acceptable employment” means during a redundancy process. Recent decisions from the Fair Work Commission (FWC) provide important guidance on how remote work can affect whether a redeployment offer is considered suitable.

At The BelRose Group, we have reviewed two recent cases that highlight the complexities employers face in this space.

“Redundancy decisions require more than flexibility alone. When employers balance business needs with fair and suitable redeployment options, they build clarity, compliance, and confidence in the process.”

Understanding ‘Other Acceptable Employment’

Under the Fair Work Act 2009 (Cth), an employer may apply to the FWC to reduce redundancy pay if suitable alternative employment is offered. The Commission assesses this objectively, considering:

• Location and hours

• Pay and seniority

• Continuity of service

• The employee’s family responsibilities

The decision ultimately hinges on whether the redeployment offer represents fair and reasonable employment in the circumstances.

Case Law in Practice

Case 1: Permanent Remote Role – Not Suitable

TAE Aerospace Pty Ltd v David Vanner [2025] FWC 953

An employee’s in-person role was made redundant, and the employer offered a full-time remote role based in Melbourne while the employee resided in Brisbane. Although the employee had previously worked remotely on a secondment, he had made clear that family responsibilities prevented him from continuing this arrangement long-term.

The FWC agreed, finding that the redeployment was at a lower level, with reduced benefits, and that the original role required physical workplace access.

Outcome: The remote role was deemed unsuitable. The application to reduce redundancy pay was dismissed.

Case 2: Remote Work Preference Not Enough

Mater Misericordiae Ltd v Robyn Tyler [2025] FWC 1396

In this matter, an employee was offered a new on-site role with the same pay and hours. She declined, preferring to work remotely part-time to support her studies.

The FWC noted that her remote work arrangement had been informal and not contractually guaranteed. Because the redeployment matched the pay and conditions of her original role, redundancy pay was reduced to zero.

Outcome: A personal preference for flexibility, without contractual basis, was not sufficient to reject the role as unsuitable.

Key Considerations for Employers

These cases show that remote work is only one factor in determining whether redeployment is acceptable. Employers should carefully assess the full context:

1. Assess all aspects
   Compare location, hours, pay, and level of responsibility to the original position. If flexible work was a formal entitlement, this carries greater weight.

2. Consider personal circumstances
   Legitimate concerns, such as family care duties, must be taken into account. The FWC places significant emphasis on these factors.

3. Clarify informal arrangements
   Where flexible or remote work has been informal, employers retain discretion. Clear communication is essential to manage expectations.

4. Consult and communicate early
   Early, genuine consultation is not only a requirement under Fair Work legislation, it also helps reduce disputes and supports defensible decisions.

Need Advice on Redundancy and Redeployment?

The BelRose Group assists employers in assessing redeployment options and managing redundancies with fairness and compliance in mind. We help organisations balance their operational needs with employee entitlements, ensuring a clear and considered approach.

If you are facing redundancy decisions in the era of remote work, we are here to support you.

Employment contracts form the foundation of every working relationship. In today’s compliance-focused environment, they need to do more than outline the basics, they must reflect how your organisation actually operates.

“Strong employment relationships start with strong contracts. When employers prioritise clear, compliant agreements, they create the foundation for trust, consistency, and accountability across the workplace.”

A contemporary employment contract provides clear terms around responsibilities, remuneration, location, working arrangements, confidentiality, and expected standards of conduct. Without this clarity, employers may face unnecessary disputes, compliance risks, or confusion across teams. As expectations shift and hybrid work becomes more common, it’s critical that contracts keep pace with these changes.

Many businesses still rely on outdated templates or contracts sourced from other organisations. These documents often fail to account for changes in legislation, including amendments to the Fair Work Act, casual conversion entitlements, modern award coverage, or remote work policies. A contract that was sufficient five years ago may no longer be compliant, or enforceable.

It’s important to review employment contracts regularly, particularly when new roles are introduced or when your business undergoes structural change. Staying current reduces risk and strengthens your position should any issues arise.

At The BelRose Group, we develop tailored, practical employment contracts that align with your organisation’s operational needs and legal obligations. Our People & Culture consultants will review your existing documents, identify and address compliance gaps, and help ensure your contracts are consistent, clear, and enforceable.

Whether you’re hiring your first employee or managing a large and growing workforce, we’re here to support you in building strong, compliant employment foundations.