Rights of the executives are not limited only to the salary, but of all the components that together make up the remuneration package. These executive employment laws include:

Sign-on bonuses;


Relocation allowances;

Housing or accommodation;

Children’s education;

Share options;

First-class air travel;

Interest-free home loans; and


The 10 minimum standards are set out in the National Employment Standards of the FWA apply to Executive Employee’s and the law regulating executive employment. These standards relate to maximum hours of work, annual leave, personal leave, parental leave, flexible working arrangements, community service leave, long service leave, public holidays, notice, redundancy and the requirement for providing an information statement. However, all these are minimum standards and an executive should always bargain to ensure that the terms and conditions are customised for their own benefit and particularly regarding the provisions of notice and redundancy.

Redundancy and Termination

In case of redundancy, poor performance or misconduct is not a criterion for executive employees. Redundancy of a particular position may occur as a result of business restructuring or technology update by a company.

Termination is intended to conclude the terms of employment of an employee due to professional or moral reasons.

Notice and Severance

Notice period and severance payments are not the same. The notice period provides the employee with a chance to seek other employment while a severance payment is intended as compensation for the loss of future entitlements to long service leave and accrued sick leave.

A reasonable notice period is often included in a contract of employment. However, the entitlement of severance payment is not always implied.

Fair Work Australia

Under the Fair Work Australia an unlawful termination claim can be filed in the Fair Work Division of the Federal Court. The termination of employment must have been on the grounds of temporary absence from work because of illness or injury, filing a complaint against an employer, or for reasons of race, colour, sexual preference, age, physical or mental disability etc. The list is not exhaustive.

A public sector senior executive or an executive working in the college, academic or health services will be entitled for this remedy since the terms and conditions of employment are regulated by a State or Federal industrial instrument or by an enterprise bargaining agreement.

However, one should not forget that the protections provided as per FWA are basic and many private sector executives are not even entitled to claim these. In reality the unfair dismissal remedy is of no relevance to most senior executives due to the presence of the salary cap.

Alternative Cause of Action

An alternative cause of action for any discrepancy related to employment of executives may lie under the State or Federal equal opportunity legislation, a claim for unlawful termination or a claim under common law for breach of contract.

The remedies under the Commonwealth Trade Practices Act, Equal Opportunity legislation, (state or federal) or a breach of contract claim and/or a claim for reasonable notice will remain unaffected by the FWA and holds the key to solve major employment-related disputes of executives.

Owen Hodge Lawyers Are By Your Side

At Owen Hodge Lawyers we always endeavour to provide you value-based services at affordable rates. We service middle to senior-level executives with all their employment contract-related requirements. We always strive to get the best outcome for middle and senior executives – be it through negotiating a contract in your favour or representing you in dispute resolution matters relating to your employment.

Please feel free to contact us to discuss your specific requirements.

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