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Failure to follow proper process can result in an unfair dismissal claim." } } ] } ] --- [Skip to main content](#main-content) The Astris Law Group Astris Astris Law [Astrons Astrons General Counsel ](https://astrons.astrislaw.com)[Phronesis Phronesis Litigation ](https://phronesis.astrislaw.com)[HeadStart HeadStart Counsel ](https://headstartcounsel.astrislaw.com) [![Astris Law S Icon](/assets/astris-logo-icon-kBkGra_r.png)![Astris Law](/assets/astris-logo-full-wbEHTWR5.png)](/) [About](/about)[The Group](/philosophy)[Practice Areas](/practice-areas)[Articles](/articles)[Contact](/contact)[Start here](/contact) # Employment and Workplace Lawyer Brisbane ![Employment - Astris Law Brisbane commercial law firm](/assets/employment-B5nQXuKg.jpg) [← Back to Employment & Workplace](/practice-areas/employment-workplace) ## Summary Astris Law advises Australian employers on employment law under the Fair Work Act 2009 (Cth), including unfair dismissal defence, modern award compliance, workplace investigations, redundancy processes, restraint of trade enforcement and Fair Work Commission representation. ## Overview Employment relationships are complex and heavily regulated under the Fair Work Act 2009. Astris Law can assist employers in navigating modern awards, workplace disputes and HR compliance. We can provide practical advice that balances legal compliance with operational efficiency, helping businesses build productive and legally sound workplaces. ## How We Help Astris Law acts for Brisbane employers, not employees, on the full range of employment and workplace relations matters. We advise directors and business owners on hiring, managing and terminating employees in compliance with the Fair Work Act 2009, the National Employment Standards and applicable modern awards. Our focus is on protecting your business from claims while maintaining practical, workable employment arrangements. Employment law is one of the most heavily regulated areas of Australian business. Errors in dismissal processes lead to unfair dismissal claims before the Fair Work Commission. Miscalculating entitlements under a modern award results in underpayment claims with penalties under the Fair Work Act. Poorly drafted restraint of trade clauses fail when you need them most. Astris Law helps Brisbane employers avoid these outcomes through proactive compliance advice and, where disputes do arise, a strong defence. We represent employers in Fair Work Commission proceedings including unfair dismissal applications, general protections claims and enterprise bargaining disputes. We also conduct and advise on workplace investigations, manage redundancy and restructuring processes, draft and review employment contracts and independent contractor agreements and enforce post-employment restraints. For Brisbane businesses dealing with underpayment exposure, we conduct award compliance audits and develop remediation strategies. ## Common Situations - A former employee has lodged an unfair dismissal claim with the Fair Work Commission and you need to defend it within the strict timeframes - You suspect an employee of serious misconduct and need to conduct a workplace investigation that is procedurally fair and legally defensible - A former senior employee is breaching a restraint of trade clause by soliciting your clients or working for a direct competitor - You are restructuring your business and need to manage genuine redundancies in compliance with consultation obligations under the Fair Work Act - An employee or former employee has made an underpayment claim and you need an award compliance audit - You need employment contracts, independent contractor agreements or workplace policies reviewed or drafted ## Why Astris Law As a boutique Brisbane firm focused on employer-side work, Astris Law provides direct access to the principal on every matter. There is no delegation to junior lawyers; you deal with the lawyer who knows your business and your workforce. [Call (07) 3519 5616](tel:+61735195616)[Send an Enquiry](/contact) ## What We Can Do Employment contracts, independent contractor agreements and engagement letters Modern award interpretation, classification and compliance audits Unfair dismissal applications, general protections claims and FWC representation Workplace investigations, misconduct matters and disciplinary processes Redundancy, restructuring and consultation obligations Restraint of trade, confidentiality and post-employment obligations Discrimination, harassment and bullying complaints and investigations Executive employment, termination payments and senior executive exits ## Our Special Interests Defending Fair Work Commission unfair dismissal and adverse action claims Conducting sensitive workplace investigations with procedural fairness Implementing compliant restructuring, redundancy and consultation processes Managing executive transitions, garden leave and restraint enforcement ## Key Legislation & Frameworks Fair Work Act 2009 (Cth) Work Health and Safety Act 2011 Anti-Discrimination Act Modern Awards National Employment Standards Independent Contractors Act 2006 ## Frequently Asked Questions ### What is unfair dismissal in Australia and how do I defend a claim? Unfair dismissal under the Fair Work Act 2009 occurs when an employee is dismissed in a manner that is harsh, unjust or unreasonable. Employers must demonstrate a valid reason for the dismissal, that the employee was notified and given an opportunity to respond and that proper process was followed. Claims are lodged with the Fair Work Commission within 21 days of dismissal. ### What are modern awards and do they apply to my business? Modern awards are industry or occupation-based minimum employment standards that cover most Australian employees. They set out minimum pay rates, hours, allowances, leave and other conditions. If your employees are covered by the national workplace relations system, the relevant modern award applies unless an enterprise agreement is in place. ### What is a general protections claim under the Fair Work Act? A general protections (adverse action) claim arises when an employer takes adverse action against an employee for exercising a workplace right, engaging in industrial activity or based on a protected attribute such as race, sex or disability. These claims carry a reverse onus of proof, meaning the employer must prove the action was not taken for a prohibited reason. ### Can I enforce a non-compete clause in an employment contract in Australia? Non-compete clauses (restraint of trade clauses) in Australian employment contracts are enforceable only if they go no further than reasonably necessary to protect the employer's legitimate business interests. Courts assess the duration, geographic scope and restricted activities. Unreasonable restraints may be read down or struck out entirely under common law or relevant state legislation. ### What is the process for making an employee redundant in Australia? Making an employee redundant in Australia requires the employer to demonstrate a genuine operational reason, consult with the employee about the proposed redundancy, consider redeployment options and provide notice and redundancy pay in accordance with the National Employment Standards or the applicable modern award or enterprise agreement. Failure to follow proper process can result in an unfair dismissal claim. ## Insights & Publications [View all](/articles) [ ![Is Australia Finally Getting a Bill of Rights in 2026? Not So Fast - Astris Law legal insights](/images/articles/eleanor-roosevelt-udhr.jpg) Insights ### Is Australia Finally Getting a Bill of Rights in 2026? Not So Fast 15 June 2026 A federal Human Rights Bill is back before parliament and the coverage has reached for the phrase 'bill of rights'. Three questions cut through the noise. What is it? Will it rock the boat? What would it actually do? In short, it is narrower than its billing and would put no obligation on business. The one feature that would genuinely change things, the power to strike out inconsistent laws, is also the reason it faces a hard path through parliament. The legislation that actually binds business is anti-discrimination law, and the Commonwealth positive duty on employers is in force now. Read more ](/article/australia-human-rights-bill-2026-what-it-means-for-business)[ ![Non-Compete Clauses in Australia: What the Law Actually Says (Not What the Headlines Say) - Astris Law legal insights](/images/articles/jim_chalmers.jpg) Insights ### Non-Compete Clauses in Australia: What the Law Actually Says (Not What the Headlines Say) 5 May 2026 There is a widely circulated claim that non-compete clauses in Australian employment contracts will be banned from 2027. No legislation has been introduced. No bill exists. What exists is a budget announcement, a Treasury consultation paper and a political commitment. This article explains what has actually happened, why existing restraints remain fully enforceable and what the proposed reforms would do if they ever become law. Read more ](/article/non-compete-clauses-australia-2026-status)[ ![Employment Law for Employers: 10 Mistakes That Cost Brisbane Businesses - Astris Law legal insights](/images/articles/employment.jpg) Insights ### Employment Law for Employers: 10 Mistakes That Cost Brisbane Businesses 14 January 2026 The 10 most common and costly employment law mistakes Australian employers make, with specific legislation, penalty figures, recent case law and practical steps to avoid each one. Read more ](/article/employment-law-employer-mistakes) ## Industries We Serve in Employment [ ### Construction & Infrastructure Legal support for construction contracts, infrastructure projects and building disputes in Queensland and Australia. ](/industry/construction)[ ### Health & Medical Services Legal services for medical, dental and allied health practices, NDIS and aged care providers, hospitals and digital health companies. ](/industry/health-care)[ ### Education & Training Legal services for schools, universities, RTOs and EdTech companies. ](/industry/education-training) ### Discuss Your Situation Get a brief, no-obligation call to understand your options. Employment Law Commercial Law Litigation & Disputes Employment Law Property Law Intellectual Property Regulatory & Compliance Other Documents (optional) Drag & drop files here, or click to browse PDF, Word, photos or text — up to 25MB each, 5 files max Online enquiries do not create a solicitor-client relationship. Enquiries are subject to conflict checks, availability and onboarding. If you are unsure whether we may be acting for another party in your matter, please provide only your name and a general enquiry so we can complete conflict checks. I have read the Collection Notice and consent to Astris Law collecting and handling my personal information as it and the Privacy Policy describe. Request a Call [(07) 3519 5616](tel:+61735195616) ## Need a employment lawyer? Talk to Astris Law. We work directly with our clients on employment matters across Australia. No layers, no committees. [(07) 3519 5616](tel:+61735195616)[Send Enquiry](/contact) ## Other Practice Areas [View all Employment & Workplace services →](/practice-areas/employment-workplace) [![Astris Law S Icon](/assets/astris-logo-icon-kBkGra_r.png)![Astris Law](/assets/astris-logo-full-wbEHTWR5.png)](/) You don't need more lawyers. You need the right one. ### Firm - [About](/about) - [The Astris Law Group](/philosophy) - [People](/team) - [Jamie Nuich](/attorney/jamie-nuich) - [Articles](/articles) - [Resources](/resources) - [Pricing & Fees](/pricing) - [Contact](/contact) ### Services - [Dispute Resolution & Litigation](/practice/dispute-resolution-litigation) - [Corporate & Commercial](/commercial-lawyers-brisbane) - [Insolvency & Restructuring](/practice/insolvency-restructuring) - [Employment & Workplace](/practice/employment-workplace-relations) - [Regulatory & Compliance](/practice/regulatory-compliance-consumer-law) - [Intellectual Property & Tech](/practice/intellectual-property-technology-data) - [Property](/practice/property) - [Disciplinary Law](/practice/disciplinary-law) - [Administrative Law & WHS](/practice/administrative-law-whs) - [Digital Assets](/digital-assets-australia) - [Regulated Market Entry](/regulated-market-entry) - [Regulatory Investigations](/regulatory-investigations-lawyers) ### Get in Touch - [The Legal Strategy Call](/consultation) - [Refer a Client](/referrals) - [(07) 3519 5616](tel:+61735195616) - [mail@astrislaw.com](mailto:mail@astrislaw.com) - [ Astris Law Level 2, 8 Clunies Ross Court Eight Mile Plains QLD 4113 Australia ](https://maps.app.goo.gl/KcW4jYe7iW7jHYHp8) ![Astris Law - Accredited Member of Queensland Law Society](/assets/qls-member-logo-DexInE_X.png)[![Lawzana Top Law Firm](https://lawzana.com/assets/badges/verified-law-firm.svg?v=2)](https://lawzana.com/lawyer/astris-law)[![Lawyer International Legal 100 2026 Winner](/assets/lawyer-international-legal-100-2026-CflMKG1C.png)](https://www.gpmg.uk/awarded-companies/astris-law) [The Astris Law Group](/philosophy) Astris Law The Right Lawyer [Astrons General Counsel](https://astrons.astrislaw.com) The Right Legal Partner [Phronesis Litigation](https://phronesis.astrislaw.com) The Right Intelligence [HeadStart Counsel](https://headstartcounsel.astrislaw.com) The Right AML Advice © Astris Law Pty Ltd ACN 662 641 269. 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