Workplace Relations – Recent experience
We have provided many workplace solutions that require creative and lateral thinking, including:
Amcor High Court redundancy case
Successfully acted for Amcor in a claim by a trade union, the CFMEU, that its members are entitled to redundancy
payments following an internal restructuring of the employer's business.
Sony
Advising on all employment and IR issues in Australia and New Zealand
following the worldwide merger of the operations of Sony Music and BMG.
Confidential information
Advising on and conducting legal proceedings relating
to a senior executive's departure from our client to a role with a direct
competitor, in which he began to approach our client's customers.
Industrial dispute
Advised on employment consequences from a sensitive sale,
including applying for orders to stop industrial action threatened by the union
and the workforce to disrupt the sale.
Telecom New Zealand employee transition
When Telecom New Zealand successfully
bid for the Commonwealth Bank's telecommunications work, we provided complex and
highly sensitive advice on all the employment implications of the bid.
St.George Bank dispute with the Finance Sector Union
In this dispute, our firm
brought about the paramount authority on the issue of awards relating to
business ownership transferral. Acting on behalf of the St.George Bank Ltd/PP
Consultants Pty Ltd, we successfully defined when an outsourcer would inherit
award requirements.
Mt Isa litigation
Acted for MIM in injunctive proceedings (both as applicant
and as respondent) involving the AWU over roster changes. When applying for
relief, injunctive relief was granted in favour of Mount Isa Mines. When
defending proceedings, injunctive relief was refused and roster changes were
implemented.
Heinz Wattie Australasia Victorian Test Case
Acted for the former H.J. Heinz
Co Australia in a test case in the Victorian Court of Appeal concerning the
interactions of discrimination and OH&S legislation.
Tailored Employment Solutions
Reviewed and re-documented employment and
directors access, insurance and indemnity contracts for the executive team of
Western Metals Limited as well as preparing a standard employment contract for
all Head Office staff and advice and assistance on the negotiation and
successful certification of a new Section 170LK Agreement for the Company's WA
minesite personnel.
Coal disputes
We act regularly in disputes with the CFMEU at Newlands and Oaky
Creek. In the case of strike action, we have successfully obtained, on each
occasion, the necessary relief. This result has been achieved well in advance of
any competitors.
Developing new principles in equal opportunity law
We have acted in a number
of cases that helped establish important new legal principles in discrimination
law and workplace equal opportunity, including Frobose v Victorian College of
the Arts (2000) VCAT 1282 (Equal Opportunity Tribunal) (Definition of race and
national origin).
Mergers and acquisitions employment-related due diligence
Conducted due
diligence inquiries on employment issues in a range of major transactions. We
did this when acting for Principal Financial Group in its acquisition of Bankers
Trust Australia and, more recently, for National Australia Bank in the purchase
of MLC Group financial services businesses.
Bradken EBA
Acted in enterprise bargaining negotiations in relation to a
client's Ipswich foundry. Our advice included the initiation of action by the
employer in response to strikes and rolling stoppages. Subsequent proceedings
initiated by the AMWU for further claims after finalisation of EBA terms were
successfully avoided as a result of our submission about no further claims.
OH&S, dangerous goods and accident response advice
Have advised many clients
on their obligations under the occupational health and safety and dangerous
goods legislation, and assisted with accident response, investigation and
coronial inquiries. These clients include Shell, Transfield Obayashi, Amcor,
Orica and the Australian Grand Prix Corporation.
