Practice Areas

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Employment & Workplace Law

The employment and industrial relations landscape is constantly evolving, underpinned by political changes, unions, and greater awareness of rights and obligations.

Our Approach

We pride ourselves on being at the forefront of changes in employment and industrial relations in Australia. We only act for employers, and bring a pragmatic, commercial and practical approach to the table.

We understand that successful businesses are enabled by high performing teams. With every employment matter we take the time to understand the outcome that the business is looking for and we align our advice and services accordingly.

Our Services

• Redundancy and stand down advice

• Performance management advice

• Termination advice and strategy

• Employee share option plans & share schemes

• Employment contracts, including executive contracts

• Individual flexibility agreements

• Labour hire agreements & advisory

• Contractor agreements and advice on sham contracting

• Award compliance and advice on set offs

• Enterprise bargaining

• Commission structures

• Policies and procedures

• Settlement deeds

PRACTICE AREAS

Employment & Workplace Law
Commercial & Corporate
Business Sales & Investment

Our Experience

We act on behalf of small, medium and large businesses, ASX listed entities, Government departments, Local Councils, major industry associations, and not-for-profits.

We advise directors, CEOs, human resources and people and culture teams.

Employment & Workplace Law

• Advising a prominent NSW sporting organisation on the termination of an underperforming executive director (who also held shares which were bought back as part of the settlement).

• Advising an ASX listed professional services business on stand-downs, salary reduction and the redundancy of staff across the business during COVID-19.

• Preparation of a unique employee share scheme (non-concessional) for the executive employees of a Victoria wide commercial construction business.

• Advising an ASX listed software company on the process of restructuring their organisation and making a substantial number of their engineering team redundant. Roxanne also acted throughout the redundancy and prepared all relevant notifications and documents and calculated entitlements and provided the company with support and guidance every step of the way. No unfair dismissal claims were made against the employer and the restructure was considered a success.

• Acting for one of Victoria’s largest steel foundry businesses in drafting and negotiating two enterprise agreements, including assessing whether the agreements meet the better off overall test as against the relevant Award and advising on recommended changes. We acted for the business from the start of the process through to applying for approval in the Fair Work Commission and working with the business to have it approved.

• Advising on the termination strategies for disruptive managerial and executive-level employees and co-founders, including advice on how to deal with the associated vested and unvested shares in respect of both listed and private entities.

• Preparation of labour hire agreements for clients in various industries, including:

  • Hirers in the mining industry, hiring out workers to complete specific jobs;

  • Hirers in the insurance and health industry, hiring out specialist doctors and psychologists to leading health insurers; and

  • Hirers in the trade industry, hiring out painters, carpenters, chippies and other tradies to commercial and residential developers.

• Preparation of Associate Services & Room Licencing Agreements for medical practices and doctors.

• Preparation of a suite of employment contracts for an international private company based in the UK entering the Australian market. This involved preparing an executive-level contract for their Australian Managing Director which included terms in respect of linking KPIs to remuneration, share incentives, and restraints and non-solicitation obligations.

• Advising a VFL club on the termination of an underperforming coach.

• Advising a national commercial lighting business on the termination of an underperforming and disruptive executive director and shareholder.

• Advising a regional medical practice on the process to make a number of their nursing and administrative staff redundant, as well as change the position descriptions, hours and remuneration of the remaining staff to restructure the practice to become profitable. Most staff had been in the business for 10+ years under a previous owner and the new owner had inherited the legacy issues. Several nurses had a union involved. We advised on the entire redundancy process, including the initial notification, first meeting, second meeting and termination per the Award. We balanced risk management against the client’s desired outcomes and the business was ultimately restructured successfully.

• Advising numerous businesses including both professional services firms and software technology businesses on the different options around giving employee’s shares, advising on compliance with the Employee Share Scheme (“ESS”) tax incentive laws, and preparing ESS’s and Employee Share Option Plans (“ESOPs”), Vesting Deeds and Shareholders Agreements.

• Advising an Australian based boutique clothing retailer (with both an online presence and 10 boutiques across Australia) on distribution agreements, supply terms, commercial contracts more generally, and employment law (including Award compliance). In June and July 2018, Roxanne advised the retailer on their organisational restructure from an employment law perspective (including redundancies).

• Acting for various renewables businesses across Australia in preparing credit applications and independent contractor agreements, particularly in relation to the installation of solar panels and the provision of wind farm services.

 Testimonials