Workplace Relations
In the frequently complex and ever changing world of employment law and industrial relations, our Workplace Relations team provides advice and representation that is client focused, accurate and commercially practical.
Our Workplace Relations team engages in its clients with the understanding that employment law and industrial relations do not occur in a vacuum. We aim to get close to our clients and work with them to maximise workplace outcomes, for both employer and employee.
Our clients include large publicly listed companies, not-for-profit organisations, small and medium sized businesses and individuals. Our expertise and experience covers a wide range of industries including - manufacturing, construction, aged-health care, on hire services, financial services, retail and the property sector.
Employment, Labour, Regulatory Compliance
Within the increasingly complex framework of existing rights and obligations we are able to:
Develop and implement workplace policies and procedures covering drugs and alcohol, OHS, equal employment opportunities and privacy obligations, anti-discrimination/harassment
Draft senior executive and other contracts of employment compliant with legal minimum standards and reflective of best practice.
Provide advice about varying remuneration arrangements and the management of performance.
Identify employment issues that will arise out of commercial transactions and provide advice. Issues include redundancy and the transmission of business.
Disputes relating to termination of employment
Whether it is unfair dismissal, unlawful termination or wrongful dismissal, termination of employment is one of the most difficult issues in the workplace. Aside from the impact of the decision, a challenge to the fairness or legality of an employer’s conduct involves considerable management time and expense to resolve the dispute. We assist clients to:
- Review and where necessary amend current practices and procedures to maximize the prospect of achieving a committed and productive workforce and minimize the risk of challenge to any termination being successful;
- Negotiate and document the settlements of employee/executive termination disputes;
- Represent clients in handling unlawful/wrongful/unfair dismissal cases.
- Represent clients in defending adverse action claims
OH&S
The onus on businesses to provide a healthy and safe workplace is an increasingly important area of attention within workplace relations law. Taking a proactive approach to understanding and meeting a company’s statutory obligations in the workplace can avert the potential for civil and criminal penalties to be imposed on employers and their company officers.
Our workplace relations team can assist and advise on a range of aspects of Occupational Health and Safety, including:
- Advising on Occupational Health & Safety obligations and how they apply to particular types of operations;
- Drafting and implementing appropriate workplace standards and procedures;
- Assisting clients in dealing with investigations of possible safety breaches;
- Defending prosecutions.
Industrial Disputes
When industrial disputes arise we provide advice and assist clients to manage and resolve industrial claims, strike, bans and limitations.
In particular, the recent Fair Work Act amendments have created complexities that may effect operations, both at a State and Federal level. To advise and assist clients to manage these complexities we:
- Negotiate and draft appropriate and compliant workplace agreements and arrangements and/or variations/extensions of existing arrangements;
- Identify the options available when entering a bargaining period;
- Review and identify any possible challenges to the validity of any secret ballot application that seeks to authorise industrial action;
- Represent clients to obtain orders requiring unprotected industrial action to cease.
Workers Compensation
We only represent employers and insurers in all aspects of workers compensation. We are conscious of the very high cost of workers compensation claims to employers and how the issues overlap with OH&S, termination of employment and anti-discrimination laws.
Our employment relations team is presently retained by five of the Workers Compensations Scheme Agents and as preferred provider of insureds. Our experience extends to all areas including:
- Prosecution and defence of claims;
- Advice and representation in respect of injury management, claim management, premium estimation, disputes and recoveries;
- Advice and representation recovery claims under Section 151Z of the Workers Compensation Act.
Partners
Rachael Sutton
Robin Young
Publications
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Robin Young, Partner and Nick Read, Solicitor
Part 6 of 14 - Workplace Health & Safety Update
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Robin Young, Partner and Nick Read, Solicitor
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