Workplace Relations Compliance Diagnostic

This tool has been designed to help you identify potential risk areas in your business.

Make a selection below to the best of your knowledge for each of the questions and you will receive a report on the next page.

Please note this is a self-service tool and does not constitute legal advice.

See our terms and conditions for further information.

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Please complete your details below to receive the results of your diagnostic questions.

Results

Your Answer: Yes

Your Answer: No

Your Answer: Not Sure

Outcome

Great! But you should consider reviewing your contracts – the law changes regularly and it’s important to ensure your contracts continue to be legally compliant.

Outcome

This is a risk for your business. Having clearly drafted written contracts will help to protect your business.

Risk

Clearly drafted, up to date, written contracts of employment protect your business.

Failing to have them in place – or to have them reviewed regularly – drives risk for your business, including risks of underpayment claims if you have Award-covered employees.

Your Answer: Yes

Your Answer: No

Your Answer: Not Sure

Outcome

Where your business pays an annualised salary, it’s important to include specific wording in your contracts of employment to ensure that what you’re paying your employees covers all of their legal entitlements – and that you don’t end up with a claim that you owe them more money.

Outcome

If your business decide to use annualised salaries, you should get your contracts of employment reviewed to ensure that they include specific terms stating that what you’re paying your employees covers all of their legal entitlements – and that you don’t end up with a claim that you owe them more money.

Risk

Where your business pays employees an annualised salary – or is contemplating doing so – you need to ensure that this is properly addressed in your employment contracts to avoid an underpayment claim.

Max penalty for company: $66,600 per contravention.

Max penalty for individuals: $13,320 per contravention.

Your Answer: Yes

Your Answer: No

Your Answer: Not Sure

Outcome

There have been significant recent developments in this area of law. For many employers, recent decisions have increased the risk that your contractors may actually be employees. You should consider having the contracts you use reviewed to ensure that your contractors are not employees.

Outcome

You should check to make sure the contractors are not employees and check your contracts. The law has recently changed in this area.

Risk

If the contractors used to be your employees you are at risk of sham contracting breaches. You could also be at risk of underpayment claims and penalties.

Max penalty for company: $66,600 per contravention.

Max penalty for individuals: $13,320 per contravention.

Risk

You could also be at risk of underpayment claims and penalties if the contractors should be employees.

Max penalty for company: $66,600 per contravention.

Max penalty for individuals: $13,320 per contravention.

Your Answer: No

Your Answer: Yes

Your Answer: Not Sure

Outcome

You should make sure that this is something that you keep under review. If your employees work in multiple industries, different awards may apply to them.

Outcome

Because you operate in more than one industry, it’s possible that more than one award covers your employees. You should check to make sure you understand the award coverage of your workforce.

Outcome

If your employees work in multiple industries, different awards may apply to them. You should check to make sure that you understand the award coverage of your workforce.

Risk

Different industries are covered by different awards, which have different rates of pay and other applicable entitlements. If your business is not paying the correct award rates, you are potentially exposed to an underpayment claim and penalties.

Max penalty for company: $66,600 per contravention.

Max penalty for individuals: $13,320 per contravention.

Your Answer: Yes

Your Answer: No

Your Answer: Not Sure

Outcome

Great – but it’s important to ensure you regularly review and maintain your policies. Employees may claim overtime and expose you to underpayment claims if you do not have clear guidelines around this.

Outcome

This is a risk for your business. Clear overtime policies and procedures will help protect your business from underpayment claims.

Risk

Employees working overtime hours without your knowledge and/or control is a risk to your business. You might have an overtime underpayment claim and be exposed to penalties. There could also be associated record-keeping contraventions, if records of overtime work are not being kept.

Max penalty for company: $66,600 per contravention.

Max penalty for individuals: $13,320 per contravention.

Your Answer: Yes

Your Answer: No

Your Answer: Not Sure

Outcome

Great – but you should check that the overtime is being paid at the right rates (or, if you pay annualised salaries, that the salary is sufficient to cover all of the overtime the employee is working).

Outcome

This is a risk for your business. Your managers should be aware of where overtime is being worked to ensure that your employees are being paid the correct rates for their work.

Risk

Employees working overtime hours without your knowledge and/or control is a risk to your business. Your employees might not be being paid the right rates. You might have an overtime underpayment claim and be exposed to penalties. There could also be associated record-keeping contraventions, if records of overtime work are not being kept.

Max penalty for company: $66,600 per contravention.

Max penalty for individuals: $13,320 per contravention.