Restructure, Redesigning and Redefining Your Workplace Structure

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5-Minute HR Challenge: Spot the Compliance Mistake

Think you know your way around HR compliance? Restructures can be tricky, and even experienced managers sometimes overlook key obligations under the Fair Work Act. Take this quick 5-minute challenge to test your knowledge and see if you can spot the compliance mistake.

The Situation

You are restructuring and identify that one role is no longer required. You advise the employee their role is redundant and provide them with notice. However, you didn’t meet with them beforehand to consult about the proposed change.

Is this compliant with the Fair Work Act?

No. The National Employment Standards (NES) and most modern awards require genuine consultation before a redundancy is confirmed. This involves meeting with the employee, explaining the proposed change, considering their feedback and exploring alternatives. Skipping this step can expose your business to unfair dismissal claims.

Restructure, Redesigning and Redefining Your Workplace Structure

Restructuring is more than just changing reporting lines — it’s about reshaping your workplace to align with business goals, adapt to change, and stay compliant under the Fair Work Act 2009 (Cth). Whether it’s mergers, redundancies, outsourcing, or digital transformation, careful planning is essential to reduce risks and protect both your business and your people.

Why It Matters

Restructures done poorly can lead to:

  • Unfair dismissal claims

  • Breach of consultation obligations

  • Reputational damage

  • Loss of key talent

Getting it right means planning early, consulting transparently, and applying fair, objective selection criteria. Offering support services such as redeployment, counselling, or outplacement can also smooth the transition for employees.

Watch: The First Step to Getting Annualised Salaries Right

Restructures must be carefully planned, legally compliant, and communicated with fairness. A well-managed process reduces risk and supports employee engagement through change. For peace of mind, reach out to our team at [email protected] | 1300 720 004.

Information in HR Advice Online guides and blog posts are meant purely for educational discussion of human resources issues. It contains general information about human resources matters and due to factors, such as Government legislation changes, may not be up to date at the time of reading. It is not legal advice and should not be treated as such.

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