Australia's modern award system is complex. We help clients to navigate this system, advising on applicable awards, interpretation and compliance. Our team conduct award compliance audits in the context of underpayment concerns or claims, and advise and represent our clients in communications with regulators such as the Fair Work Ombudsman.
Our enterprise agreement experience is extensive, encompassing agreement drafting, enterprise bargaining, industrial action, making and defending bargaining-related applications in the Fair Work Commission, and advice and representation in enterprise agreement approval, variation and termination applications.
We ensure that employment contracts for workforces are drafted in a manner that is legally robust, reflects best practice and are fit for purpose when considering the nature of the role and seniority of employees. We advise and represent senior executives in contract negotiations and disputes and prepare and advise on contracts for independent contractors.
When employers face complex bargaining situations with employees, we develop strategies to overcome impasses in negotiations and, where necessary, respond to union and employee industrial action. Our experience across a range of industries enables us to apply agile tactical thinking in planning and responding to legal action, whether through the Fair Work Commission or Federal Court. We advise employers on responding to anticipated and actual litigation, ranging from unfair dismissal or adverse action applications to high-level senior management contractual disputes and restraint enforcement, such as injunctions.
We assist employers with all key aspects of the employee lifecycle, from implementing legally compliant recruitment practices through to the ending of employment. We work closely with clients to manage all issues that can arise for individuals during their employment, such as interpersonal issues, performance and conduct management, and misconduct investigations. Our team also advise on the preparation of template employment contracts, policies and procedures and training.
Our team also have significant expertise in advising employers on best practice misconduct investigations and whistleblower investigations, and in carrying out investigations as external investigators, in both public and private sector organisations.
We have workplace health and safety (WHS) experts across the country who advise and represent clients in both 'front end' and litigious WHS matters. We help employers to understand their WHS duties and obligations (including director's duties), to create or improve existing WHS management systems including policies and procedures, to engage with the safety regulator when required, and to defend WHS prosecutions.
Working closely with clients, we identify where they may benefit from training in areas of employment and safety law and investigations. Our sessions can cover a range of topics, including legally compliant workplace investigations, discrimination, harassment and bullying, employee conduct and performance management training, directors' duties and whistleblower law. Training can be provided to a variety of audiences, such as directors and senior managers, or the broader workforce. Delivery methods include face to face, online live or pre-recorded, and via online modules.
Advising Australian Pharmaceutical Industries (Priceline) on performance management programs; dealing with long-term absentee employees; and enterprise agreements at distribution centres across Australia.
Advising one of Australia's largest health care providers on an audit of alleged underpayments of wages and allowances and managing notifications to affected employees and the Fair Work Ombudsman.
Successfully represented a former company director of a mining company who was sued by the company for damages for breaches of the Corporations Law resulting in a finding of no liability.
Assisting a large international travel services organisation to enter the Australian market during changes to federal laws, including advising on transmission of business and award coverage issues and preparing all necessary employment-related documents.
Advising Carino Care on employment matters relating to the acquisition of a portfolio of residential aged care facilities from Ark Health Care.