Employment Law & Industrial Relations

The Employment Law & Industrial Relations practice group specialises in all aspects of employment law and industrial relations in both State and Federal jurisdictions, including in relation to:

• anti-discrimination
• contracts of employment and the Government Sector Employment Act 2013
• industrial instruments and related industrial disputes
• unfair dismissals
• licensing (firearms, security industry and tattoo parlours)
• disciplinary matters
• professional misconduct
• prohibited employment
• workplace surveillance
• work, health and safety obligations.

The practice group also provides litigation services in all jurisdictions, including the Civil and Administrative Tribunal, the Human Rights Commission, the Industrial Relations Commission and the Supreme Court.

We also advise and represent agencies in WHS prosecutions and assist with dispute resolution, whether by informal discussion, conciliation or mediation.

Examples of our work for clients

Addison v Commissioner of Police, NSW Police Force [2019] NSWCATAD 99, involving a person's capacity to intimidate members of the community and other outlaw motorcycle gang (OMCG) members and the criminal conduct of other OMCG members are significant considerations when determining whether that person is not fit, in the public interest, to have possession of a firearm under s. 73(1) of the Firearms Act 1996.

RMS v Leeman [2018] FWCFB 5772. The Full Bench of the Fair Work Commission upheld a finding that if a NSW statutory corporation is relevantly a "trading corporation" for the purposes of s. 51(xx) of the Constitution (as RMS was found to be) that is, a constitutional corporation, then the Fair Work Commission has jurisdiction to make stop-bullying orders under the Fair Work Act 2009.

Davie v Industrial Relations Secretary (Department of Justice, Corrective Services NSW) (No. 2) [2019] NSWIRComm 1056. Public Service employers do not have unfettered power to dismiss senior executives and the privative provision in s. 58(7) of the Government Sector Employment Act 2013 does not extend to exclude the Commission's jurisdiction to hear claims under s. 213 of the Industrial Relations Act 1996.