National Australia Bank Limited: major industrial relations dispute
We represented National Australia Bank Limited (NAB) in a complex and strategically critical industrial dispute with the Finance Sector Union of Australia. The dispute involved a decision by NAB to discontinue the provision of taxi vouchers to a large group of employees engaged in their direct sales and services business. The matter was dealt with under a dispute resolution clause of a pre-WorkChoices reform certified agreement by way of an application made by the Union under section 170LW of the pre-WorkChoices reform Workplace Relations Act 1996.
Sensis and Trading Post: orders that industrial instruments not transmit
In 2007, Sensis (a wholly owned subsidiary of Telstra) decided to formally integrate its Trading Post business into Sensis. This transaction gave rise to a transmission of business under the Workplace Relations Act 1996. We represented the Trading Post employers and Sensis in the application to the Commission and were successful in achieving the orders sought.
Goldman Sachs JBWere - employee departures, new employment documentation & HR training
We represented Goldman Sachs JBWere in relation to the defection of a number of private wealth management advisor employees to competitor investment banks. This occurred simultaneously in Perth, Adelaide and Brisbane. The year 2007 also saw us undertake an exhaustive review of policy and employment contract documentation, the net result being the creation of a suite of modernised policies and employment contracts for use across all employment levels within Goldman Sachs JBWere.
Hazelwood Power: Enterprise Agreement
We have been assisting Hazelwood Power (which owns and operates a power station and coal mine in the La Trobe Valley) with the drafting of a comprehensive enterprise agreement and the negotiation of that agreement with four unions. This has been a protracted and complicated process and we have dealt with a range of issues including compliance with the National Code of Practice for the Construction Industry, prohibited content, side deeds, potential protected and unprotected industrial action and ballots.
Microsoft Australia: EEO & OHS
Microsoft Australia sought our assistance in developing and drafting national equal employment opportunity (EEO) and OH&S policies and training documentation. In a short time frame, our team prepared the required EEO and OH&S policies and training documentation.
National Australia Bank Limited: Federal Court proceedings
We represented National Australia Bank Limited (NAB) in complex Federal Court proceedings brought by a former senior executive. The claims made involved issues such as common law “reasonable notice”, quantum meruit and misleading and deceptive conduct under the Trade Practices Act 1974.
L’Oreal: restraints of trade
We assist L’Oreal to manage employment issues when senior employees resign and indicate they intend to commence working for competitors. L’Oreal worldwide is extremely concerned about protecting its intellectual property and valuable customer relationships. When senior employees leave the threat they pose to L’Oreal’s business is real.
ConnectEast: reorganisation and new Enterprise Agreement
We have been assisting ConnectEast (the holder of the “concession” to build and operate the EastLink toll road in Melbourne) with the transfer of its operational workforce from Australian Workplace Agreements to an Employee Collective Agreement and the transfer of some of its non-operational staff to another corporate entity.
RailCorp (State Rail Authority of NSW): OHS prosecution
We represented RailCorp in WorkCover’s investigation and prosecution under the NSW Occupational Health & Safety Act into the Waterfall train derailment. The matter was significant because of the high public and political profile of the incident and the significant potential liability to financial penalties for RailCorp and its management team.
“The firm now concentrates on advising a stellar collection of loyal blue-chip clients on a range of employment and industrial relations issues. Clients value greatly the ability of its practitioners to ‘neatly tailor their advice to our business requirements’.”
Chambers Global Guide 2006-2007