Industrial and Employment Law

Expert practitioners committed to assisting clients across a range of industries to manage modern Australian workplaces.

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HopgoodGanim's Industrial and Employment Law team has experience across all the areas of industrial and employment law affecting sectors including transport, leisure, construction, mining, energy, resources, manufacturing, health and not-for-profit.

Our team assists clients to manage their employment, industrial relations and workplace health and safety matters to ensure an effective workforce and reduce the potential for costly accidents, disputes or litigation. Working closely with other relevant areas of the firm, including trade practices, insurance, business services, mergers and acquisitions and litigation and dispute resolution, as required, we offer a holistic approach that enables our clients to focus on what they do best - running their business.

We also offer onsite assessments of potential workplace health and safety risks, and assist clients to draft appropriate policies and procedures to prevent accidents and potential directors and corporate officers’ liability.

Recently, one of our Partners was mentioned in the Australian Financial Review in Best Lawyers in Australia - 2018 & 2019, in both Employee Benefits Law and Labour & Employment Law.  

Areas of Expertise

  • Employment agreements, common law agreements and collective agreements 
  • Alternative workplace contracts and agreements including independent contracting, consultancy and 'site-for-hire' license arrangements 
  • Workplace policies 
  • Industrial and employment disputes 
  • Protecting your intellectual property and confidential information, including restraint of trade issues 
  • Workplace incident investigations, internal complaint handling and dispute mediation 
  • Occupational health and safety including incident containment and management, and defending prosecutions 
  • Coronial inquests and related proceedings arising out of workplace deaths 
  • Individual performance management and termination of employment 
  • Managing personal issues arising out of operational change and business restructuring 
  • Statutory workers' compensation insurance claims 
  • Third party cases, catastrophic injuries and suspected fraud 
  • Anti-discrimination laws and complaints 
  • Workplace bullying and sexual harassment 
  • Privacy 
  • Training and education for management and staff
  • Preparing executive service agreements for key executives of a number of listed and unlisted organisations including Bow Energy, Mungana, Bandanna Energy, Brisbane Lions, Brisbane Markets and Indigo Telecom.
  • Acting for an employer and their employee in a dispute relating to alleged misuse of confidential information in connection with a real estate transaction, involving forensic examination of IT equipment.
  • Advising William A Cook on the preparation of HR/IR policies for its Australian operations, including policies dealing with workplace bullying, equal employment opportunity, sexual harassment, performance management, discipline and termination, information technology and intellectual property.
  • Advising a large multinational employer on its privacy obligations in relation to the management of employee-related personal and health information involving cross-border data flows between Australia, the EU and the United States.
  • Acting for employers in numerous industrial claim scenarios including claims for relief in respect of unlawful discrimination, sexual harassment, unfair and unlawful dismissal, in the general protections jurisdiction and for common law relief.
  • Advising a global manufacturer of medical devices on all aspects of industrial and employment law issues affecting its Australian operations, and assisting to negotiate and draft three generations of collective agreements, the most recent approved by Fair Work Australia in 2011, for more than 400 Australian employees.
  • Acting for employers in response to investigations and litigation initiated on behalf of workers by the Fair Work Ombudsman.
  • Assisting one of Queensland’s largest primary producers to investigate and resolve a bullying complaint made by a worker against a senior executive, including conducting a review of the company’s internal investigation and advising at Board level in relation to appropriate outcomes.
  • Advising Norton Gold Fields on its pre-existing collective agreement for the workforce at one of its mine sites, and preparing template contracts for the engagement of employees and contractors.
  • Assisting an employer in the construction industry to negotiate settlement of a claim by the statutory workers' compensation insurer relating to the alleged applicability of the statutory insurance scheme to a contractor injured on the employer's work site.
  • Acting for mining companies to defend and resolve claims made by former employees alleging (separately) common law claims for compensation and damages following termination of employment contracts, contrary to the provisions of the Workplace Relations Act.
  • Auditing and reporting on the industrial arrangements of numerous workplaces for compliance against current and incoming safety net requirements, and against a range of compliance and common law risks.

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