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Workplace and Employment

Voted #1 Workplace and Employment Team of the Year 2021 / 2019 / 2018 / 2016

The workplace and employment team at ҹare recognised by peers and industry as leaders in the field.  

Recently recognised by peers in two prestigious awards, the team have gained an enviable reputation for success, claiming the following awards;

  • Workplace Relations and Employment Team of the Year, Australian Law Awards 2021, 2019, 2018, 2016
  • 5 Star Employment Law Firm, HRD Magazine 2021
  • Labour & Employment, Legal 500 Recommended Law Firm 2020
  • Labour and Employment Law, Best Lawyers 2020, 2019
  • Employment Law Specialist Firm of the Year, Australasian Law Awards 2018

The team of experts work with customers to find commercial solutions and manage risk in the following practice areas: 

Employment law

As leaders in employment law, ҹcan assist your business in running the entire gamut of employee requirements, from recruitment and on-boarding, to dismissal or retirement.  Our experts provide service and advice of the highest standard, whether it’s a quick HR query or assistance with an entire corporate restructure. 

ҹcan simplify your dealings with your employees, from contractors to directors, offering practical legal advice and solutions designed to keep your business compliant and productive at all times. 

Our team can help you with a wide range of employment and workplace law topics, including:

  • award servicing and interpretation
  • discrimination 
  • terminations, dismissals and redundancies 
  • enforcement of restraints 
  • employment contract preparation
  • performance management cycle
  • enterprise agreements and bargaining
  • work, health and safety 
  • workplace audits and investigations.
As a legal service provider servicing businesses only, ҹspecialises in employment law from an employer’s viewpoint, giving you an important edge when bringing the matter to ABLA.  

Our experts can offer customers a wealth of experience and insights, policies and procedures when managing tricky issues such as paid parental leave, social media policies and flexible work arrangements, all from the perspective of an employer.
ҹcan also help customers avert a problem before it becomes serious. Contact us for advice as early as you can, and we’ll coach you on how to manage the situation and limit your exposure. If the situation does progress,  the team will help ease the load, assisting you with issues relating to unfair dismissal, unlawful termination and breach of contract.  

Visit our Resources page for more insights on employment and workplace matters.  Subscribe to our mailing list to get invitations to our webcasts and training courses where you and the team can upskill from the comfort of your desk. 

Contact Luis Izzo or Kyle Scott on 1300 565 846 and let ҹhelp you succeed in business.

Industrial relations

ҹis uniquely placed to assist you with industrial relations issues. Our team has substantial experience advising employers to resist unlawful industrial action through proceedings in courts and tribunals. Our broad experience as both lawyers and industrial relations advisers across many industries allows us to obtain commercially prudent resolutions to industrial problems – a strategic advantage when we are part of your team.

Our work in maintaining around 70 awards on behalf of the members of BusinessNSW (formely NSW Business Chamber) means  we  provide you with a comprehensive service. 

Enterprise bargaining

We assist clients with enterprise bargaining through:

  • development of enterprise agreement goals
  • formulation of negotiation plans
  • negotiation of agreements
  • handling of disputation during negotiations
  • drafting of enterprise agreements
  • registration of agreements.
Download interest-based bargaining e-guide

Employment relations planning services

We will help establish and implement an employee relations plan to  manage the employment relations challenges for new businesses or businesses undergoing substantial change.  We provide assistance to in-house human resource and employment relations specialists to maintain and revise employment relations strategies, policies and procedures.

We  offer workplace audits, which provide a valuable diagnostic tool to human resource managers and employment relations specialists.

Underpayment and award compliance issues

ҹhas substantial experience assessing and defending allegations by employees and trade unions of the underpayment of employment entitlements. Our experience allows us to respond in a cost effective manner to underpayment claims.

Our services in this area include:
  • determining the application of awards and agreements to particular businesses/workplaces
  • undertaking workplace audits to determine whether time and wage systems comply with legal requirements
  • advising on allegations of underpayment, including determining assessments of potential liability towards employees
  • appearing in industrial tribunals in response to allegations of underpayment of entitlements
  • assisting employers to defend proceedings for the recovery of alleged underpayments.

Industrial disputes

Disputes arise in a range of circumstances, whether it be in the course of enterprise bargaining negotiations, or otherwise. Our significant experience in this area enables us to assist you to resolve disputes by negotiation, conciliation and, if necessary, arbitration.

Read more about our industrial relations expertise.

To discuss your industrial relations concerns, call Luis Izzo or Kyle Scott on 1300 565 846 today.

HR Consulting

Human Resources management (HRM) has a critical role to play in any organisation and ҹhas the enviable access to capability across the employment and workplace functions that can support this vital part of your business to thrive.  

The role of HR has significantly evolved from its inception in the 1960s and is now recognised as a critical piece in building a positive and productive workplace culture.  HRM covers a wide range of capabilities including:
  • recruitment, staffing and promotion
  • compensation, remuneration, benefits and wellness programs
  • training, development and succession planning
  • policy and procedure development, communication and enforcement
  • workplace and employment relations
  • organisational growth, change management and development
  • grievance and complaint management and investigations
Australia's workplace laws are some of the most complex in the world.  Support your HR staff by providing them with the latest training as developed by the leading Workplace and Employment Law Team and give them the tools to excel in their roles. 

The people involved in this aspect of your business must understand and speak the language that business leaders operate in. They must align with business objectives and focus their daily operations with the strategic goals of the organisation.  Our experienced HR Principal, Michelle Charnock, can help your business unlock the potential of human capital managment through strategic advice and planning, organisational change management or training.  

Read more about our HR consultancy service.

For a confidential discussion about your HR consulting needs, contact Michelle Charnock on 1300 565 846.

Sexual Harassment 'Positive Duty'

As part of the ongoing response to the Sex Discrimination Commissioners , the Federal Government changed the law in late 2022. The laws have imposed a new 'positive duty' which requires all employers to take reasonable steps to eliminate sexual harassment from occurring in the workplace. Responding to complaints as they happen is no longer sufficient. 

To guide businesses through the process, ҹhas created a toolkit with six practical steps you can implement straight away to move towards demonstrating your 'positive duty'.  The toolkit is aimed at small businesses but should be the minimum a larger business implements.

Head over to our Sexual Harassment Positive Duty expertise page for details of the toolkit and to view a short introductory video which explains what you need to know.

For more information and to request a quote please call 1300 565 846 or email info@ablawyers.com.au.

Psychosocial and WHS Hazards

Ensuring the health, safety, and well-being of employees is paramount in today's employment landscape. As businesses strive to create inclusive and productive work environments, they must navigate the complexities of work health and safety regulations and address psychosocial hazards effectively.

ҹunderstands the multifaceted nature of workplace health and safety, including the intricate interplay of legal obligations, human psychology and organisational dynamics. With our knowledge and experience, we are committed to assisting businesses in safeguarding their employees and mitigating risks associated with psychosocial hazards.

We offer a comprehensive training course and toolkit designed to equip your business with the key skills necessary to navigate this complex area effectively.

Head over to our Psychosocial and WHS Hazards expertise page for details of the toolkit and to view a short introductory video which explains what you need to know.

For more information and to request a quote please call 1300 565 846 or email info@ablawyers.com.au.

Whistleblower Service

Whistleblower Service

An essential component of any business risk prevention strategy should be the implementation of a confidential whistleblower service.

ҹcan provide this to your business, using a secure and anonomous setup that will give your employees peace of mind to report any concerns about illegal or improper conduct within your business. 

Contact us at info@ablawyers.com.au for a confidential proposal on setting up a Whistleblower Service in your business.

Read more on ABLA's Whistleblower Service.

Download the Whistleblower Service flyer.

Workplace Investigations

Workplace investigations represent a significant risk and liability to your organisation if not carried out the right way. One of the common mistakes employers make is not getting a third party involved from the beginning.  The team at ҹhave the experience required in handling these sensitive incidents, providing advice, facilitation or mediation. 

ABLA works with employers to prevent and minimise the impact that a workplace investigation can bring to a business.  Our team knows the importance of a fair investigation that will hold up in court, and as a mission based organisation, ҹfocusses on the best outcome for your business at all times.

ҹcan offer you:

Workplace Investigations

  • Scope analysis – what needs investigating
  • Interviews – independent and insightful
  • Evidence – gather, review and assess
  • Analyse – identify missing pieces
  • Report – concise findings and recommendations
  • Review – HR processes

Workplace Procedures Reviews

  • Audit on workplace procedures to align with compliance obligations
  • Post-incident strategic review

Workplace Investigations Training

  • Inhouse training for HR professionals, business owners and senior managers
  • Induction training for senior managers
Engaging ҹin an investigation will provide peace of mind around impartiality and give you confidence the case will hold up in court. 

Head over to our workplace investigations expertise page for more information or listen to this one hour webcast on best practice for workplace investigations.

Download the Workplace Investigations flyer

Call today for a complimentary workplace investigations consultation - speak to Luis Izzo or Kyle Scott on 1300 565 846.

Work Health and Safety

ҹhas a leading Work Health and Safety (WHS) legal team. The team has extensive experience in acting for both private and public sector clients in WHS compliance matters, regulatory investigations, coronial inquests and prosecutions by regulators across NSW and Australia.

All business owners have responsibilities regarding health and safety in the workplace, not just for employees but also for customers and the public. Governments take work health and safety (WHS) legislation extremely seriously and are quick to enforce health and safety breaches and prosecute non-compliance.

The most effective way to avoid costly and damaging incidents is to ensure risk is properly managed and all legal requirements are met. That includes planning and producing tailored health and safety guidelines for your business and regular training to ensure all employees are aware of their rights, responsibilities, duties and obligations.

Whatever business you're in, creating a safe work environment is the most important investment you can make. 

Our experts in WHS law can guide you through some simple steps that will allow you to concentrate your efforts as well as help your business to be prepared in all situations.

  • How will you meet your most basic WHS obligations to provide safe premises, machinery, equipment and systems of work?
  • How do you establish these systems and ensure that all employees are fully trained and regularly updated?
  • Can you be sure that proper supervision is in place at all times?
  • What do you do when new staff commence? Is induction adequate?
  • Are all facilities and working environments up to expected safety standards?
  • What rights do union officials and workplace inspectors have?

We help businesses across a diverse range of industry sectors answer these questions every day. Our WHS lawyers have decades of experience and in-depth knowledge in workplace health and safety and are recognised nationally as among the best in the field.  

Responding quickly to workplace incidents to protect your business

Our experts in WHS law can also guide you in the event of a serious workplace incident.  We can help you focus on the things that really matter, so that your business can recover as quickly as possible.

  • Who should you notify following a workplace incident?
  • What are your rights when you are being interviewed by government investigators?
  • How should you conduct your own investigation?
  • What do you need to do to ensure that any failings you find remain confidential?
  • What do you do if you are charged?
  • What can you do to support injured workers or their families without getting into trouble?

We regularly help businesses get back into production following workplace incidents.  Our WHS lawyers are experienced in rapidly investigating, managing regulators and achieving resolutions. 
 We advise business, often at short notice, to resolve disputes and protect their business interests. We defend urgent applications, conduct workplace investigations, attend critical incidents and deal with industrial action as a corporate ‘first responder.’

Our experience tells us - a safe workplace is productive and prosperous.  

Download the Work Health and Safety flyer

Visit our WHS expertise page for more information.

Minimise risk and review your WHS obligations today - call 1300 565 846.

Owner Driver Arrangements

Owner-drivers and owner-operators are a unique form of contractor engaged by most transport enterprises in Australia. It is the area comprised of road transport contractors supplying transport services to other businesses, where the owner/operator of the contractor is personally involved in the driving of a vehicle.

Useful commentary and guidance on the laws applicable to their engagement has been conspicuously unavailable so we've created a specialist training course on the topic, presented by ҹCEO and Director, Nigel Ward to help companies navigate the negotiation minefield. Nigel has negotiated 'owner-driver' arrangements across Australia for over 30 years and is considered an expert in this field.

Visit our Owner Driver Arrangements expertise page for more information.

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