Employee Remuneration and Benefits

As employees are the key assets of any organisation, and profits can be heavily influenced by the resources needed to reward and incentivise your workforce, it is important for organisations to get their employee incentive programs right. Our employee remuneration and benefits specialists can help you achieve this.

Our approach is to work with you to provide tailored and commercial solutions that help you develop employee incentive programs that:

  • are appropriate for the stage of your organisation's life cycle and support current and future business strategy
  • are right for today's and tomorrow's broader economic and business circumstances
  • will be effective in attracting, motivating and retaining key employees
  • balance the needs of your organisation's key stakeholders and the regulatory environment.

We understand the range of issues relating to employee remuneration and benefits, executive termination benefits and corporate governance requirements. Further, we know it is critical that you work with lawyers who are not only experts at the law, but who understand your needs, your business and the industry in which you operate.

We specialise in:

  • Short-term and long-term incentive design and implementation. We work closely with remuneration consultants and tax specialists, as well as our clients, with the selection and design of STI and LTI plans to ensure that those plans are legally compliant and practically feasible, ensuring that all relevant legal issues have been considered before the designs are finalised.
  • International plans. We advise on the implementation and operation of international incentive plans in Australia.
  • Private companies. We have implemented numerous cash and equity-based incentive programs tailored for private companies.
  • Employee incentive documentation. Our team has extensive experience drafting documentation (including plan rules, loan agreements, and offer letters) for all types of cash based and equity based incentive programs, including deferred share plans, loan-funded share plans, tax exempt share plans, share option and performance rights plans, phantom plans and share appreciation rights plans.
  • Employee share trusts. We assist with the establishment of employee share trusts including drafting relevant documentation and amending existing equity incentive plan rules to allow for the operation of a trust. We have extensive experience in this area and can assist clients in appropriately managing all practical issues that may arise.
  • Executive employment contracts. We help clients review their existing employment arrangements for their senior executives and general workforce, and draft comprehensive senior executive and employee employment contracts that comply with mandatory laws and which accord with best practice. We can also assist in relation to the potential application of the termination payment cap regime for senior executives, the effect of related party transaction provisions, and insider trading provisions.
  • Communication materials. We draft documentation for communicating incentive programs to employees.
  • Shareholder approval. We assist with obtaining shareholders' approval for incentive programs.
  • Legal compliance and regulation. We help clients meet their legal and compliance obligations, including advising on securities law issues, financial services licensing issues, and ASX Listing Rules where relevant.
  • Impact of corporate transactions. We advise on the impact that mergers, acquisitions and restructures may have on existing programs and current incentives.
  • Ongoing assistance. We provide support with the ongoing operation of programs to ensure that they continue to operate as intended, meet current business needs, and remain legally compliant.

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