
Employment Relations and Safety
Tailored, commercial solutions for complex employment relations and safety issues
The reality is that employment relations and safety issues are rarely straightforward. We get to know our clients’ business and understand their industry so that our advice is tailored, commercial, and practical.
Comprehensive legal support across the employment lifecycle
Maintaining a stable, productive, and safe workforce can mean the difference between success and failure in business or for government. Commercial objectives, performance and reputation depend on the successful management of employment relations and work health and safety issues.
Our focus is on providing practical, timely, and cost-effective support so our clients can confidently make decisions. Skilled in negotiating, facilitating and drafting workplace agreements, our employment relations and safety lawyers assist with:
- employment contract and policy drafting;
- workplace compliance;
- investigations;
- restructuring and workplace change management;
- employment and industrial relations litigation;
- work health and safety advice;
- compliance and prosecution assistance;
- enterprise bargaining;
- dispute management;
- restraint of trade and enforcement of post employment obligations;
- management of ill or absent employees;
- performance and dismissal process;
- exit of executive employees; and
- discrimination advice and representation.
Strategic advice to minimise workplace risk and ensure certainty
With significant expertise in industrial relations, employment disputes and strategic planning, we focus on delivering front-end workplace relations advice that provides our clients with certainty around labour costs while minimising the risk of lost time due to industrial disputes.
Expert guidance for Workplace Health and Safety compliance
Our Work Health and Safety (WHS) team combines in-depth knowledge of WHS issues and legislation with a genuine commitment to your business. We understand the need for sensitive handling of urgent industrial relations and WHS matters and the team takes the time to listen and understand your circumstances.
We advise on all aspects of compliance and risk management, as well as having regular dealings with the Inspectorate when handling alleged breaches of WHS laws. Our experience allows us to manage investigations and represent clients with confidence and care.
Expertise serving public and private sector clients, domestic and global corporations
Recognised as one of the leading public sector employment relations advisory teams, our team is trusted by departments and agencies to handle sensitive and urgent industrial relations and work health and safety matters. We also advise governments on policy development and legislative reform initiatives.
Our clients range from multinational corporations to domestic enterprises. We deliver corporate support and strategic advice in share and business sale transactions. Drawing on decades of experience, we assist overseas-based entities in ensuring compliance when establishing a presence in Australia through our extensive international practice.
We take the time to understand your circumstances. Always.
To find out more, contact Amber Sharp or Tim Longwill.
Our legal expertise
Queensland Rail
Advising on a range of employment and industrial relations matters, including interpretations of its recent enterprise agreement outcomes and assistance responding to arguments relating to consultation obligations in those agreements.
Cement Australia
Successfully responded to wildcat industrial action taken by our client’s drivers in NSW. The action resulted in failure to deliver product to its customers.
Within 3 hours of the action commencing, we had s418 proceedings lodged in the Fair Work Commission for orders to stop the industrial action. Section 418 orders stopping the industrial action were granted the following morning. Cement Australia also obtained damages from the TWU in the Federal Circuit Court for the action taken.
Sydney Trains
Successfully defended unfair dismissal proceedings under the Fair Work Act 2009 (Cth) in the Fair Work Commission (FWC) following the dismissal of a 75 year old employee with 33 years’ service for a safety breach; obtained a costs order against the Applicant under section 400A of the Fair Work Act and defeated the application for permission to appeal; and subsequently defeated section 39B of the Judiciary Act proceedings in which the Applicant sought to quash the decision of the FWC.
Queensland Ambulance Service and Queensland Fire and Emergency Service
Successfully represented both the Queensland Ambulance Service and Queensland Fire and Emergency Service in arbitrations of enterprise bargaining negotiations in the Queensland Industrial Relations Commission.
Sydney Trains
Acting in proceedings brought in the Fair Work Commission (FWC) by a train driver, whose employment was terminated after he was convicted of driving a car with a high range Prescribed Content of Alcohol (PCA), on a day when he was not rostered to work. The decision was upheld on appeal and is now a leading authority on out of hours conduct.
Orko Fertilizers
Representing a Sunshine Coast based manufacturing company to defend an industrial manslaughter charge under the Work Health and Safety Act 2011 (Qld). The charge alleged the company was negligent and caused the death of an employee, carrying a maximum penalty of $10,000,000. Our submissions to the regulator resulted in the company pleading guilty to a Category 2 offence, a fine of $250,000, with no conviction recorded.
Brisbane City Council
Advising Council regarding bargaining and the arbitration of its certified agreement.
Conducted a review of Council’s absenteeism management, which involved stakeholder interviews and an audit of industrial instruments, policies, and internal practices relevant to personal leave, ill and injured employees, and legislative entitlements.
Senex Energy Limited
Drafting and implementing Safety Management Plans for a major project in development for increased gas production for the east coast gas market.
Sydney Trains
Secured one of the first costs orders made by the Fair Work Commission in connection with the successful dismissal of an application for a Stop-Bullying Order.
Large Manufacturing Company
Provided advice and litigation assistance regarding the dismissal of employees involved in the theft of almost $500,000.
Australian Rail Track Corporation
Advising on all aspects of health and safety and rail safety related matters under Rail Safety National Law and WHS Law across the entire $10 billion Inland Rail Project.
Thiess
Successfully represented Thiess in an appeal in the Fair Work Commission which overturned a decision refusing to approve an enterprise agreement for a new mining operation.
Gold Coast City Council
Acting in a coronial inquiry regarding a fatality which included assisting with preparing witness evidence.
CPB Contractors
Advising CPB on its industrial relations strategy and framework for the Cross River Rail Project. This included advising CPB in relation to its union and workforce engagement strategy and on the drafting of the enterprise agreements applicable to the project. It also involved planning for potential challenges to approval of the agreements by FWC.
Queensland Health
Successfully advising and representing Queensland Health in all aspects of the award modernisation process.
Your employment relations and safety team
Let us keep you across the latest developments