Employment & Safety

Our team works closely with HR Managers, in-house lawyers and businesses generally, assisting them to achieve their best outcomes. While this often involves exploring commercial settlement options to allow you to get back to work sooner, we know that in the right circumstance the best option to hold a position because the situation requires it.

We always tailor our service delivery to suit our clients’ culture and objectives to ensure it aligns with our clients’ key objectives.

We also offer a “HR legal help desk” service where for a monthly retainer you can have unlimited access to our expert workplace lawyers. Click here for more information.

We can assist you with:

Employment documentation, policies and procedures

  • Preparing agreements for your employees or independent contractors consistent with your business objectives.
  • Developing effective policies and reviewing policies that may be enforced contractually.
  • Assisting with implementation and training on policies and procedures.

Regulatory compliance

  • Ensuring your business is compliant with workplace instruments such as enterprise agreements or Modern Awards, employee entitlements and the applicable employment and/or safety regulatory framework.
  • Payment audits.

Managing employee behaviour and capacity

  • Employee performance, complaints and workplace conflict.
  • Disciplinary procedures.
  • Fitness for work and incapacity (including managing and conducting workplace investigations).

Restructures, redundancy and sale of business

  • Managing the employment consequences of restructuring and transfers of business.
  • Providing advice and representation regarding termination of employment claims including unfair dismissal, adverse action and redundancy.
  • Providing advice, assistance and strategies regarding redundancy procedures and entitlements.
  • Advising as to restraints of trade to protect valuable confidential information and intellectual property.

Defending and preventing unfair dismissal and adverse action (general protections) claims

  • Providing immediate initial advice and assistance after analysing the claim and developing response strategies aligned to key objectives.
  • Preparation of formal responses to comply with statutory time limits.
  • Provision of ongoing advice and strategic support in respect to the matter.
  • Engagement of third-party factual investigators and experts where necessary.
  • Appearing in Courts and Commissions in any proceedings.
  • Follow up training and preparation of employment related documents (eg contracts, policies, procedures and advisory tools) to minimise future risk.

Defending and preventing discrimination claims

  • Provision of procedures and training to minimise claims, provide representation to resolve disputes about anti-discrimination, bullying and harassment, and privacy issues.
  • Conducting workplace investigations and providing comprehensive reports into allegations of workplace misconduct, discrimination and prohibited behaviour.

Conduct and capacity investigations

  • Undertaking investigations into allegations of employee breaches of code of conduct.
  • Advising on employee capacity to perform role in context of long term illness or absence.
  • Advising on disciplinary outcomes following findings of breaches of code of conduct.
  • Advising on rights and responsibilities under Public Interest Disclosures Act and investigating allegations in accordance with requirements of Act.

Dealing with regulators/external bodies

  • Including WorkSafe, Fair Work Ombudsman and Anti-Discrimination and Privacy Commissioners.

Work Health & Safety advice and representation

  • Providing training and documentation for compliance with the Work Health and Safety Act
  • Providing “on the ground” assistance where there is a serious injury or incident at the workplace.
  • Undertaking incident investigation (with third party providers as necessary) and advising on procedure and liability.
  • Defending work health and safety prosecutions and acting in Coronial inquests.
  • Conducting due diligence audits and training for Directors and Senior Managers.

Workplace training

  • Developing and presenting tailored training programs to assist our clients to minimise legal liability and develop staff in the full range of employment, industrial relations and equal opportunity / anti-discrimination matters.
  • Delivering seminars or briefings at executive / board level on matters of specific risk or interest.

Enterprise Bargaining

Comprehensive beginning to end service for employers in all aspects of making an Enterprise Agreement including:

  • Advice on choosing to bargain or handling majority support determinations.
  • Drafting Enterprise Agreements.
  • Representation in bargaining meetings and negotiating with Unions and employee representatives.
  • Experience in Union engagement limiting potential for dispute or industrial action, including advice on protected action ballots and applications to suspend or terminate industrial action.
  • Experience in obtaining a ‘yes’ vote expediently and limiting areas of dispute.
  • Drafting applications for approval and representation at the Fair Work Commission during the approvals process.
  • Preparing Better Off Overall Test argument and analysis.
  • Preparing requisite advice to staff informing them of the impact of the proposed Agreement.
  • Advice on impact of industrial instruments in Transfer of Business situations.
  • Advice on compliance with regulatory time frames.

Industrial disputes

Experienced and skilful representation in:

  • Disputes relating to the existing terms of Enterprise Agreements, Awards and contracts.
  • Disputes arising from bargaining, including good faith bargaining and disputes on proposed terms.
  • Disputes relating to scope of coverage.
  • Applications to vary or terminate Enterprise Agreements.
  • Enterprise Agreement approvals disputes.
  • Underpayment and contravention disputes.
  • Right of entry disputes.
  • Protected Industrial Action disputes.

HR Legal Advice Help Desk

What is it?

Page Seager’s HR Legal Advice Help Desk service provides assistance to enable you to deal with most HR legal matters ‘inhouse’ and without a separate or formal engagement with your lawyers for a fixed monthly fee.

Think of it as an extension of your team – an “in house” expert workplace law resource.

You can access expert workplace legal assistance without needing to worry about getting approval to engage a lawyer or the cost of an individual call.

What does it cover?

It can cover what you like! Depending on your chosen level, your Help Desk covers:

  • Unlimited telephone / video consults for HR legal queries such workplace behaviour matters, conduct and performance management (non-disciplinary) queries, compliance queries (regarding contracts of employment, independent contractors, compliance with policies and the like) and to discuss strategies to resolve disputes.
  • Reviews of your employment contracts, and access to template suites (including award & agreement covered employees, and executive contracts).
  • Reviews and periodic updates for policies and procedures & period training sessions for your managers, executive and board.

Contact us for a more detailed chat about our HR Help Desk.


For advice on all employment and safety issues please contact:

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