Fair Work Centre — For Employers
From high income threshold changes to restraint of trade clauses and partner classification, professional services firms face a distinct set of employment law risks. Get advice built for your firm.
The Problem
Many professionals earning above the high income threshold are excluded from award coverage, but the National Employment Standards still apply in full under the Fair Work Act 2009 — award-free doesn’t mean entitlement-free.
Being paid above the high income threshold doesn’t automatically remove award coverage — it depends on a formal guarantee of annual earnings being in place correctly.
Courts will strike down restraints that are broader than reasonably necessary to protect the business — a poorly drafted clause offers no real protection when a senior employee leaves.
Performance issues in professional roles are often left unaddressed for too long, making any eventual termination harder to defend if challenged.
Where the line between partner and employee is blurred, disputes over entitlements and obligations on exit become significantly more complex.
How We Help
Fair Work Centre helps accounting, legal and consulting firms manage award-free classification, enforceable exit clauses and defensible performance processes for senior staff.
All advice reflects the current high income threshold and the latest Fair Work Commission guidance on restraint of trade enforceability.
How It Works
Call 1300 161 828 or book a free initial advice call about your business.
We review your specific classification, contracts and compliance risk.
Get a clear compliance plan built for your business and workforce.
A short advice call now can prevent an unenforceable clause costing you when a senior employee leaves.
Membership
Common Questions
Not automatically. The employee needs a valid guarantee of annual earnings in place that meets the legal requirements — without it, award coverage and its entitlements can still apply.
They can be, but only to the extent reasonably necessary to protect a legitimate business interest. Overly broad restraints on time, geography or scope are routinely struck down or narrowed by courts.
Skipping a fair process significantly increases risk, even for senior roles. A documented process showing the employee had a genuine opportunity to improve puts you in a far stronger position.
This depends on the legal structure and substance of the arrangement, not the title. Genuine equity partners are generally not employees, but titled ‘partners’ who are really employees can still bring claims.
Restraint obligations generally continue to apply based on the original contract terms, but restructures are a good opportunity to review and refresh outdated clauses.
Yes, employees (not genuine contractors or partners) are entitled to redundancy pay under the National Employment Standards if their role is genuinely no longer required, based on length of service.
No. Fair Work Centre is an independent private advisory service for employers. We are not associated with or authorised by the Fair Work Ombudsman, the Fair Work Commission, or any government authority.
Fair Work Centre is an independent private organisation providing advisory services to employers only. It is not associated with or authorised by the Fair Work Ombudsman, the Fair Work Commission, or any government authority.
Speak to an Employment Lawyer at Fair Work Centre
To change or request cancellation of your Client Membership, please email us with your request at: info@fairworkcentre.com.au.
Refer to our Terms of Service for changes or cancellation requests.
If you would like more information about any of our professional products or services, feel free to contact us, or simply fill in our enquiry form.
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