Employment & Safety

Our principal areas of expertise are:

  • Managing behaviour – employee performance, complaints and workplace conflict, disciplinary procedures, fitness for work and incapacity (including managing and conducting workplace investigations);
  • Compliance – with workplace instruments, employee entitlements and the applicable employment and/or safety regulatory framework;
  • Change implementation – including restructuring, redeployment and redundancy processes, and issues that arise during transfers of business or employment;
  • Dealing with regulators/external bodies – including WorkSafe, Fair Work Ombudsman and Anti-Discrimination and Privacy Commissioners;
  • Enterprise bargaining – in-house training on bargaining strategies, face-to-face negotiation on behalf of clients, drafting of agreements, obtaining approvals and managing any disputes that may arise; and
  • Dispute resolution – advising and appearing in various tribunals and courts throughout Australia with employment, industrial and safety disputes.

We have an Integrated HR Legal Team focus. This means that we embed our know-how directly into HR and in-house legal teams, to ensure continuous compliance and to improve internal capabilities.

Our products equip HR and in-house legal teams to be able to deliver more with less, without fear of disputes and dependence on external providers.

Our team works closely with HR Managers and in-house lawyers, assisting them to support their internal customers to achieve required outcomes.

We tailor our service delivery to suit our clients’ culture and objectives to ensure it is always relevant and commercially appropriate to the circumstances.

Recent examples of successful outcomes include:

  • Performance and disciplinary – regularly provide training in managing performance, fitness for work, and disciplinary processes;
  • Investigations – advised on major bullying complaints involving senior personnel and the Board;
  • Change management – advised on a restructure and redundancy program in manufacturing operations with union opposition to the outcome;
  • Underpayments – successfully appealed classification to determination to re-classify a group of employees to next pay level, avoiding significant back-payments;
  • Enterprise bargaining – regularly provide ‘at the table’ or ‘behind the table’ advice and assistance during negotiations and successfully defended approval of enterprise agreements being opposed by unions after successful votes;
  • Unfair dismissal – successfully defended an unfair dismissal claim at arbitration hearing and at the appeal to the Full Bench of the Fair Work Commission;
  • Adverse action – settled an adverse action claim without the matter proceeding to the Federal Court (after successfully managing the termination of a union delegate for non-union related activities);
  • Anti-discrimination – successfully defended a complaint to the Anti-Discrimination Commission and appeal against the decision to dismiss the complaint; and
  • Bullying – resolved bullying application in the Fair Work Commission.

CONTACT OUR TEAM

For advice on all Employment & Safety issues please contact:

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