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Workplace Law

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A flexible, effective and collaborative workplace is essential to modern business.

By maintaining close, long-term relationships with our clients, the Walter Baden workplace team implements pragmatic and holistic strategies to realise the full potential of our clients’ workforces. Our focus is on presenting clients solutions rather than problems, and with possibilities rather than limitations.

Recognising the importance of understanding the specific commercial and regulatory context of the industry in which our clients operate, our team is passionate about getting to know our clients businesses and industries. We have recent and extensive experience in building and construction, manufacturing, professional services, media, banking, transport, distribution, retail, aged care, hospitality, education and not for profit.

Our lawyers provide advice and advocacy across the spectrum of workplace law areas, including:

general employment

  • Preparation and review of employment contracts, independent contractor agreements and workplace policies, including development of automated custom templates capable of being completed in-house by HR teams.
  • Structuring remuneration packages and incentive schemes.

employee and dispute management

  • Employee underperformance, implementation of performance management plans and KPIs.
  • Disciplinary proceedings.
  • Dealing with absent or sick employees and workers compensation claims.
  • Bullying, harassment and discrimination claims.
  • Independent workplace investigations.

employment termination

  • Advice and management of the redundancy and consultation process.
  • Termination process for misconduct or underperforming employees.
  • Representing employers in termination litigation, including unfair dismissals, general protections, breach of contract and discrimination claims.

awards and agreement exptertise

  • Interpreting Modern Awards and enterprise agreements.
  • Evaluation of annual salary arrangements.
  • Guidance on rules of offset and interaction between industrial instruments, contracts and the Fair Work Act 2009 (Cth).

payroll compliance and enforcement

  • Payroll calculation and audit services.
  • Assistance for employers facing investigations or prosecutions by the Fair Work Ombudsman (FWO).
  • Assistance with responding to FWO notices, compliance notices, and back-payment calculations.
  • Representation in liability and penalty hearings.

employment issues on mergers

  • Employment due diligence.
  • Advice on transfer of employment issues.

Industrial Law

  • Enterprise bargaining.
  • Industrial disputes.
  • Rights of entry.

restraint of trade

  • Enforceability of non-compete, non-solicitation and non-poaching clauses, as well as protection of confidential information and intellectual property.
  • Handling of post-termination restraint of trade disputes, private party resolutions and alternative dispute resolution.
  • Interlocutory court applications for injunctive relief.
  • Litigation in the Supreme Court for final relief.