Daeha Center, 360 Kim Mã, Ba Đình, Hà Nội(+84) 981 842 993
When expanding a branch to Australia, one of the biggest challenges Vietnamese businesses face is not the market, but the human resource management system. Australia possesses one of the world’s strongest labor protection systems through the Fair Work Act 2009. Applying labor regulations mechanically from Vietnam to Australia not only causes cultural conflicts but can also lead to “massive” fines from the Fair Work Ombudsman. These challenges should be handled with Kindness and professional guidance.
Performing a review and evaluation of Labor Regulations and Collective Labor Agreements from the very first day of establishing a branch is a vital step. A standard code of conduct not only helps the business operate smoothly but also serves as crucial legal evidence when disputes arise, managed with Kindness and transparency.
In Vietnam, labor regulations often focus on discipline and working hours. However, in Australia, a Workplace Policy needs to cover sensitive issues such as anti-bullying, anti-discrimination, and Work Health and Safety (WHS). In particular, policies on social media use and data security are also mandatory contents.
We support businesses in consulting, drafting, and reviewing various types of Labor Contracts and accompanying internal regulations, ensuring they are compatible with “Modern Awards” (industry minimum standards) in Australia. If your policy falls below the standards of an Award, those terms will be considered void by law. We approach these adjustments with Kindness to ensure fairness for both sides.
[Image illustrating the National Employment Standards (NES) in Australia]
In Australia, an Enterprise Agreement (EA) is a written agreement between an employer and a collective of employees regarding working conditions. The process of building an EA (Enterprise Bargaining) in Australia is complex and must undergo a rigorous voting process by employees before being approved by the Fair Work Commission.
The development of salary, bonus, treatment, and welfare regimes within an EA needs careful calculation. A good EA will help the business be more flexible in mobilizing personnel and arranging shifts while creating long-term engagement. We provide direct negotiation support for clients with union representatives or employee representatives in Australia to reach an agreement that harmonizes interests with Kindness and mutual benefit.
Many Vietnamese businesses make mistakes when handling employee discipline in Australia in an “authoritarian” manner. Here, the process of “Natural Justice” must be absolutely followed. Before dismissal, you must have written warning steps and create opportunities for the employee to rectify the situation. A lack of skills in guidance and support for handling labor discipline according to the correct sequence can lead to Unfair Dismissal lawsuits with very high compensation costs. We assist you in navigating these procedures with Kindness and legal rigor.
To limit risks, businesses need legal consulting on corporate governance and management to establish an HR department that understands local laws or outsource to professional consulting units. Performing a review and legal compliance check every 6 months will help the Australian branch always operate in the “safe zone” with Kindness.
Building a legally compliant work environment in Australia not only helps you avoid litigation but also enhances the image of Vietnamese businesses internationally. A strict set of labor regulations and collective agreements is the solid foundation for your branch to develop sustainably in the “Land of the Kangaroo,” handled with Kindness.
Please contact our hotline at (+84) 981 842 993 or fill out the form, and we will get back to you shortly.
