Our team's unique blend and depth of skills in IR strategy, labour law and OH&S enables us to deliver practical solutions to workplace issues - strategic and operational. 

We are frequently retained by private and public sector employers to devise tactical IR strategies and enterprise bargaining agenda in response to changing business imperatives.

Our advocacy experience before common law courts and Federal and State industrial tribunals gives us the insight to properly and efficiently help employers prior to and during mediation or adversarial conflict.

Our experience covers:

• wage and industrial disputes
• enterprise agreements
• enterprise bargaining  
• outsourcing / insourcing employment issues  
• restructuring and retrenchment
• IR issues surrounding privatisation of State owned corporations  
• seeking dispute orders to stop industrial action
• resolving employment issues on transfer of business 
• enforcing restraints of trade
• drafting employment contracts
• drafting HR policies  
• separation of employment
• unfair dismissals, and
• conducting discrimination, harassment or bullying investigations.   

We are also experienced in:

• WorkCover investigations
• defending occupational health and safety prosecutions, and  
• coronial inquest representation.

Fair Work Act 2009 - Bits and Pieces - Stuff You Should Know

Since the Fair Work Act commenced in July 2009:

• the introduction of the direct labour cost components of modern awards have been delayed until July 2010
• the phasing in of those costs will now occur over a five year transitional period
• absorption of modern award wage increases into existing over-award payments will be permitted
• amendments have been made to many modern awards, with more on the way before January 2010
• confusion abounds about how an employer can lower labour costs under the modern award transitional provisions given that an employee can apply to Fair Work Australia for a take home pay order to correct any reduction caused by those transitional provisions
• employers are now realising that the new transfer of business provisions apply to the transfer of employees between associated entities. This is creating a real headache for many employers who often transfer employees between associated entities under a policy used to attract employees. The strategies being developed to get around this problem are sometimes clumsy.  In our view, these incongruous provisions need to be amended to fix this unnecessary roadblock to normal business activity, and
• the vexed question remains of whether redeployment to an associated company instead of redundancy also means the automatic transfer of an enterprise agreement into that associated company.  Well, a literal reading would suggest it does.  Surely, that cannot have been the drafting person's intention?

This information is an extract from the Workplace Update bulletin titled Bits and Pieces - Stuff You Should Know. For a copy of the complete bulletin, click here.


Workplace Relations Articles, Bulletins and Events  

Hicksons Workplace Update - Workplace Bargaining - What the Hell? - July 2010 edition

Hicksons Workplace Update - The First Rule - June 2010 edition

Hicksons Workplace Update - Trout in the Milk - May 2010 edition

Hicksons Workplace Update - No Mere Peccadillo - March 2010 edition

Hicksons Workplace Update - Union Schadenfreude 10.02.10

Hicksons Workplace Update February 2010 edition

Hicksons Workplace Update - Urgent Update 14.12.09

Hicksons Workplace Update December 2009 edition

Hicksons Workplace Update Stop Press - Taking the Devil out of the Detail

Hicksons Workplace Update November 2009 edition

Hicksons Workplace Update - Bits and Pieces - Stuff You Should Know

Hicksons Workplace Update October 2009 edition

Round Table Broadcast on Social Media and Implications for Employers
In September 2009, Partner Brad Swebeck discussed employment issues for business during a Social Media Round Table on Boardroom Radio with other legal experts. To listen to the broadcast online, click here.

Hicksons Workplace Update September 2009 edition

For a copy of Hicksons Workplace Update Stop Press - Modern Awards, click here.

Hicksons Workplace Update August 2009 edition

Hicksons Workplace Update July 2009 edition

Hicksons Workplace Update June 2009 edition

For a copy of an Opinion Editorial article by Partner Brad Swebeck, click here. 


Workplace Relations Group Client Events 

Joint CLA Seminar - Friday 14 May 2010  
Hicksons sponsored and presented at the Commercial Law Association (CLA) seminar on workplace relations and the impact of the Fair Work Act. Brad Swebeck, Sarah Jones and other experts in the field presented at this half day seminar which addressed emerging issues brought on by the Federal Government's new workplace and IR regime under the Fair Work Act.  

If you are interested in attending future Workplace Relations events, please email events@hicksons.com.au.