Employers, from global organisations and Australia's leading corporations and government entities, to those with smaller personnel numbers, are faced with the same challenge of attracting, retaining and optimising their workforces.
We work with HR professionals, internal counsel, executives and line managers to mitigate risk at all stages of the employment relationship – from beginning to end and beyond.
We regularly conduct workplace investigations about whistleblower issues, bullying, discrimination, harassment, misconduct (including theft, inappropriate computer use), WHS, and other employment related issues.
Our role varies depending on the sensitivity of the issue being investigated, the seniority of the person complained about and strategically where we see the investigation heading.
Gaining good outcomes in industrial matters is often all about positioning and timing – making good strategic decisions at the outset and then maintaining the preferred positioning throughout. We have the experience and capability to provide a 'winning strategy' at the outset of any matter (whether a contentious dismissal with industrial implications or an industrial or bargaining dispute).
We can articulate and explain our strategy, and ensure the business leaders who are responsible for execution understand and support the strategy, and have the capability and the tools to do what they need to do to deliver. This is critical to achieving industrial objectives.
Although we work extensively with Counsel in all States, and have good working relationships with the best in the country, we are also able to provide a complete 'strategy to advocacy' service at all levels, from the Fair Work Commission to the Federal Court if required.
Our track record in protecting organisations and officers from exposure to legal risk has been built on our extensive experience in responding to WHS incidents, and our ability to provide industry-specific advice and practical solutions to WHS issues. From proactive advice and training to responding to WHS issues, we offer a one-stop shop for safety and wellbeing.
Our dedicated migration practice offers a full-service approach, from assisting clients with workforce mobilisation strategies to managing the operational aspects of visa applications and dealing with compliance issues. We are able to tap into the wider expertise of the firm, giving our clients access to holistic advice on all related aspects of their operations including tax, employment and corporate law. Refer to the Office of the Migration Agents Registration Authority - Code of Conduct.
For our Australian clients, we provide assistance with both one-off visa issues and also high-volume transactional work. For our overseas-based clients, we support them setting up a business in Australia.
Our remuneration governance team is part of a fully-integrated, multi-disciplinary service that works with MinterEllison experts in employment, corporate and tax law.
We advise Boards and work with management to help them ensure their HR, remuneration policy and remuneration strategies are aligned with their business strategy – meeting best practice in light of governance and regulatory frameworks. We help our clients understand market remuneration levels; advise them on how to structure and deliver pay; work on communications to engage effectively with shareholders; and ensure our clients meet ‘best practice’ governance standards and regulatory requirements.
Our team advises on the full spectrum of issues that may arise, including 'day-to-day' employee matters such as contracts, policies, and remuneration; periodic issues such as enterprise bargaining, restructures and outsourcings, reviewing safety systems, and visas; and we are able assist when unexpected concerns surface including with dismissals, investigations, litigation, industrial action and disputes, safety matters, and post-employment restraints. We also offer a range of training courses that can be conducted at our premises or at client sites and are tailored to our individual clients' policies and procedures.
We appreciate that each workforce is different, with its own characteristics and culture, and pride ourselves on getting to know our client's business. This allows us to provide advice that is useful, practical, commercial and easily implemented. And, by leveraging this experience, we can deliver solutions that are efficient, innovative and cost effective.
Successfully negotiated contentious replacement enterprise agreement for AGL in Victoria that has a profound impact on productivity.
Acted for the Australian Building and Construction Commission in one of the largest prosecutions against the CFMEU in NSW.
Acted for LendLease in one of the most significant right of entry disputes in the last 20 years, involving 30 sites, and a large number of officials.
Successfully defended Energy Australia (first instance and on appeal) against adverse action case commenced by a former senior executive, clarifying the law.
Acted for Queensland University of Technology on racial discrimination matter that will clarify the scope and effect, including under the Constitution, of Australia's racial vilification laws.
Represented Commonwealth Bank in the landmark High Court decision which decided the implied term of trust and confidence was not part of Australian law.
Assisting major financial services client restrain a senior executive from joining a key competitor.
Successfully defended multi-million dollar contractual dispute and misrepresentation claim with indemnity costs awarded to our client.
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