Peninsula HR

Fair Work Compliance & Mediation Support for Business Owners

Australia’s leading specialists in Fair Work support for businesses

Call now 1300 761 935

Have you received a letter from the Fair Work Ombudsman or are looking for expert advice on an unfair dismissal or a compliance investigation? You don’t have to handle it alone. Peninsula support business owners across Australia with clear guidance without the jargon—helping you maintain fair work compliance, respond appropriately, and protect your business from costly mistakes.

Call now 1300761935

Help protect your business with Fair Work Advice

  • Responding to Fair Work Ombudsman notices or complaints
  • Preparing documentation for a formal fair work conciliation
  • Drafting formal responses to Fair Work Act applications
  • Advising on employee disputes, performance issues and terminations
  • Managing claims involving unfair dismissal mediation, underpayment, or breach of award
  • Providing employer mediation support in conciliation meetings
  • Policies, contracts and workplace practices which are Fair Work compliant
Call now 1300761935

The Peninsula team can help you with:

How Peninsula can help you

Unlimited 24/7 Support - Dealing with a Fair Work matter can be stressful—especially when you’re running a business. Our advisors are available day or night to help you manage the situation with confidence.

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Legal representation

Irwell Law and Peninsula Mutual’s other panel law firms can represent you at hearings and conciliations/mediations (informal court facilitated meetings to try and resolve a case) to protect your legal interests in every employment court or tribunal across Australia and each state or territory.

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Workplace Policies to Help Avoid Costly Claims

We can draft policies based on your needs, business and industry. These provide clear information on what is expected of your employees.

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Expert Handling of Fair Work Investigation or Conciliations

Facing a Fair Work issue? We offer comprehensive support, from expert documentation and response drafting to skilful conciliation representation through partner legal firms to help achieve the best outcome with minimal disruption.

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Peace of Mind in Fair Work Compliance and Dispute Resolution

Confidently navigate Australian Fair Work regulations with our compliance support and expert dispute management. We help safeguard your business from costly penalties and reputational risks through robust representation at the Fair Work Commission — Supported by Irwell Law and other trusted panel firms.

Call now 1300761935

Peninsula Group. Helping employers like you for over 40 years

Thousands of small and medium sized business owners have chosen Peninsula for HR and Health & Safety support. Discover what they have to say.

What is the Fair Work Act 2009 and what does it cover?

The Fair Work Act 2009 sets the minimum employment standards in Australia and regulates workplace relations, including wages, conditions, termination, and employee protections. It also establishes the Fair Work Commission and Fair Work Ombudsman, who administer and enforce the Act.

How do I avoid an unfair dismissal claim and ensure procedural fairness?

To minimise the risk of an unfair dismissal claim, employers must follow a fair and consistent process. This includes outlining allegations clearly, giving the employee time to respond, allowing a support person, considering their response, and making a decision based on evidence. A procedurally fair process is essential under the Fair Work Act.

What are employer responsibilities under the Fair Work Act 2009?

All Australian employers are required to meet their obligations within the Fair Work Act 2009. The responsibilities include, but are not limited, to:

  • Abiding by the minimum entitlements contained within the National Employment Standards and any applicable modern award.
  • Paying the appropriate wage and entitlements.
  • Keeping appropriate and accurate records (as prescribed within the Fair Work Regulations).
  • Not taking (or proposing to take) action against employees for prohibited reasons.

Employers must also respect employees' right to disconnect from work after hours, ensure a safe work environment, including protection against workplace bullying and harassment, and protect against workplace discrimination.

Who is not covered by Fair Work Act?

The Fair Work Act does not cover employers and employees not under the national workplace relations system. In other words, this means:

  • state public sector or local government employment or employers who are non-constitutional corporations in the private sector in Western Australia ie:
    • sole traders
    • partnerships
    • other unincorporated entities
    • non-trading corporations

provided they are not covered by a registered agreement under the national system

  • state public sector and local government employment in NSW, Queensland and South Australia that don’t have registered agreements covered by the national system
  • state public sector employment in Tasmania. Local government employees are covered by the national system.

The Fair Work Act also does not cover workplace health and safety legislation, nor does it fully provide for anti-discrimination legislation.

Why was the Fair Work Act 2009 introduced?

The Fair Work Act 2009 was introduced to govern Australia's workplace relations system and legislate for the entitlements available to Australian workers. The legislation aims to provide protections of minimum entitlements, enable flexible work arrangements and fairness at work.

What is the role of the Fair Work Commission?

The Fair Work Commission is Australia's national workplace relations tribunal. It is the independent body responsible for:

  • Setting wage rates.
  • Creating and changing modern awards.
  • Approving enterprise agreements.
  • Resolving disputes including unfair dismissal claims.
What can you complain about to the Fair Work Commission?

The Fair Work Commission (FWC) is Australia’s national workplace relations tribunal. Some complaints to the FWC include:

  • Workplace bullying, discrimination, and sexual harassment.
  • Unfair terminations, general protections and redundancy
  • Wages and entitlements.
  • The terms in an award, enterprise agreement, order or guideline.
  • Fixed term or unfair contracts.

Knowing your obligations as an employer can reduce the possibility of an employee lodging a formal complaint against you and your business.

What are National Employment Standards used for?

THe NES was created to ensure that minimum standards of employment are provided to all employees in Australia who are covered by the Fair Work Act.

What is misconduct under the Fair Work Act?

There are various types of workplace misconduct. Some misconduct may result in a warning or disciplinary action. Other misconduct (sometimes referred to as Gross Misconduct) may result in employment termination.

Under the Fair Work Act, serious misconduct can be when an employee:

Behaves in a way that is deliberate and inconsistent with the continuation of their employment contract. It could also cause serious and imminent risk to the health and safety of another person, to the reputation, or profits of their employer's business.

Examples of serious misconduct can include:

  • Purposeful damage to company property and vandalism:
  • Fraud and dishonest conduct to profit or gain an advantage
  • Theft of company property
  • Intentional disregard for the safety of themselves and others including the misuse of company equipment or machinery.
  • Consuming drugs and alcohol, either before or during work hours that may impair an employee’s capability to complete their duties.
  • Assault or sexual harassment, verbally or physically abusing staff or customers, stalking or predatory behaviour.

If an employee commits serious misconduct, you may have reasonable grounds for termination. To minimise the risk of an unfair dismissal claim, you must follow a fair disciplinary process.

What happens at a Fair Work conciliation?

Conciliation is an informal dispute‑resolution meeting facilitated by the Fair Work Commission. A conciliator helps both parties discuss the issues, explore options, and negotiate a potential settlement before the matter escalates to a formal hearing. Employers may need to provide documents, evidence, and a clear summary of the dispute.

Do employers need representation at Fair Work mediation or conciliation?

Representation isn’t mandatory, but many employers choose to have professional support to ensure their responses, documentation, and negotiation approach meet Fair Work requirements. Proper guidance can help reduce risk, avoid procedural mistakes, and improve the likelihood of resolving the matter early.

Unlimited 24/7 HR advice

Peninsula Employment Relations specialists will help you in your efforts to protect your business