workplace relations

The gadens melbourne workplace relations team is experienced in all aspects of industrial relations, employment law and workplace safety. We assist clients to manage the full range of workplace relations issues ranging from executive contracts and remuneration agreements to individual and collective agreements, anti discrimination, equal opportunity and occupational health & safety compliance.

areas of expertise

hiring practices; employment contracts and consultancy; performance management; dismissal and redundancy; award coverage and interpretation; Certified Agreements enterprise bargaining; Australian workplace agreements; policies and procedures; superannuation obligations; anti-discrimination, bullying and EEO; industrial disputes and trade practices issues; restructuring and outsourcing; redundancy; mergers and acquisitions; restraint of trade and post-employment obligations; workplace training; privacy and surveillance; occupational health & safety; critical incident management; and managing injured workers

We advise on proceedings in industrial tribunals and the Supreme and Federal Courts across Australia and our team is experienced in providing advice about workplace safety including how to meet legislative requirements and deal with enforcement action.

We can also manage outsourcing projects including researching strategic and financial feasibility of business outsourcing, preparing tenders and helping with negotiations and project implementation. We are also fully equipped to closely oversee post-outsourcing management and compliance by service providers.

specific expertise

• providing drafting advice on enterprise bargaining agreements and employment contracts including incentive schemes, bonuses and commission plans and involving restraint of trade and protection of intellectual property and confidential information;
• undertaking audits for OH&S compliance with respect to existing obligations and changes arising from the new OH&S Act 2004. Undertaking training of staff in relation to OH&S including contractor management;
• acting in relation to the negotiation, drafting and establishment of collective enterprise agreements with unions and employees;
• advice, negotiation and advocacy in Fair Work Australia under the Fair Work Act and its predecessors, and in State Tribunals;
• acting for major employers in relation to unlawful or protected industrial action;
• acting in relation to OH&S incidents involving injury or death during investigation and with potential prosecution;
• advising on termination of employees with long-term injuries or their return to work;
• advice and planning on emerging issues such as workplace surveillance, vehicle and employee tracking and monitoring, privacy and internet usage and social media policies;
• acting in the Federal Court in relation to employment disputes or in defending allegations of statutory non-compliance; and
• advising and acting for employers in anti discrimination and equal opportunity complaints in State Equal Opportunity Commissions, and the Victorian Civil and Administrative Tribunal.