Employment, Workplace Relations & Safety2019-04-01T02:55:42+00:00

Employment, Workplace Relations & Safety

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Alert: Important development
for fixed-term employment

Does your business or organisation employ any
staff on fixed-term employment contracts? If so, you should be aware that the
Full Bench of the Fair Work Commission recently issued a decision which increases
the exposure of your business or organisation to unfair dismissal claims from these staff.

We advise employers of all sizes throughout Australia on all aspects of employment, industrial relations and safety law. Our clients value our broad expertise and our responsive, pragmatic and commercial approach.

Our Workplace Relations & Safety team provides the expertise, experience and support that clients need in the ever-changing employment, industrial relations, and work health and safety environment.

We help our clients navigate the many issues that arise from their employment, industrial relations and safety obligations. Our clients value our depth of expertise and our highly responsive, pragmatic and commercial approach.

We advise employers of all sizes on all aspects of employment, industrial relations and safety law.
Known for our strategic approach, we work closely with our clients to ensure their workplace structures and strategies support their overall business objectives. We guide our clients through changes to the law and help them implement ‘best practice’, safe and cost-effective workplace systems and procedures.

We offer a national service, regularly advising on employment, industrial relations and work health and safety issues throughout Australia.

Expertise

  • Award interpretation and compliance issues
  • Bullying complaints
  • Confidential information, IP rights
  • Corporate transactions, transfer of business issues and employee due diligence (arising on business shares/units/sales and purchases), outsourcing, insourcing and other restructuring
  • Disciplinary issues, employee grievances
  • Discrimination and sexual harassment
  • Employment contracts and service agreements (including senior executives)
  • Enterprise agreements (drafting and negotiation)
  • Independent contractor agreements and disputes
  • Industrial disputes resolution
  • Labour hire agreements
  • Management of ill and injured workers
  • Performance management
  • Post employment restraints
  • Privacy, workplace surveillance, record keeping and data protection
  • Redundancy
  • Right of entry
  • Social media in the workplace
  • Strategic industrial relations and employment advice
  • Superannuation obligations
  • Termination of employment
  • Underpayment claims
  • Unfair dismissal and general protections claims
  • Whistleblower obligations
  • Work health and safety
  • Workplace investigations (including equal opportunity, bullying and harassment, misconduct and employee fraud investigations)
  • Workplace policies and procedures

ADDITIONAL SERVICES

  • Regular updates concerning relevant changes and developments to the law, and important cases that give practical guidance on the best practices to adopt
  • Interactive half-day workshops on topical employment and industrial relations issues
  • ’round table’ HR forums on various topics of interest to clients
  • On-site training targeted at management and staff, covering issues impacting our clients’ organisations
  • Assisting with managing relationships and issues between various stakeholders, including workers, unions, WorkSafe inspectors, regulators and service providers.

EXAMPLES

  • Preparing employment agreements for an A-League football club
  • Defending unfair dismissal claims in the Fair Work Commission
  • Representing a national retailer in defending a WorkSafe prosecution
  • Managing a post-injury/fatality investigation involving multiple investigating authorities (Worksafe, police and maritime safety) for a major road transport organisation and a major maritime business
  • Managing health and safety prosecutions and negotiating enforceable undertakings, and appearing on sentencing hearings
  • Defending general protection claims in the Federal Circuit Court of Australia
  • Defending an underpayment claim brought by the Fair Work Ombudsman in the Federal Circuit Court of Australia
  • Defending a discrimination complaint lodged against a national employer
  • Acting in injunctive proceedings for a client that sought to enforce a post-employment restraint
  • Acting in injunctive proceedings for a client seeking the return of confidential information taken by ex-senior employees
  • Conducting an audit for an employer on compliance with modern awards and legislation
  • Acting for an employer in civil proceedings against a former employee for misappropriation of funds
  • Assisting an employer to terminate an enterprise agreement that had passed its nominal expiry date
  • Acting for a major charitable organisation, and investigating and reporting on workplace cultural issues and safety risks following major bullying and harassment claims
  • Acting for a major construction contractor in an industrial dispute application over the interpretation of award-based travel allowances and other allowances in a claim by multiple employees through their union.

Our People

Martin Alden

PARTNER, MELBOURNE

Robert King

PARTNER, BRISBANE