Special Counsel & Senior Product Manager
Infrastructure & Construction
We are Australia’s leading workplace legal and human resources solutions business. We specialise in providing you with the highest quality employment law advice. In addition, our team of human resources (HR) consultants devise smart ways to ensure that you manage your people as efficiently as possible and reduce the chances of workplace problems arising. We can also provide you with migration advice, a smart technology solution designed specifically for Australian businesses and a complete workplace management package for smaller businesses.
At FCB Group, we focus on providing you with the best possible workplace relations and legal advisory service. This can range from providing you with straight legal advice, to drawing on our knowledge of employment law, migration law, workplace relations consulting and technology to come up with a holistic solution that will make your business more efficient and productive. We’re also responsive (meaning we understand that workplace problems don’t necessarily occur between the hours of nine and five). We’re pleased that so many of our clients agree that we’re meeting our objectives.
At FCB Group, we believe it is the quality of our team of employment lawyers, workplace consultants and technology experts that separates us from our competitors. The majority of our lawyers have interdisciplinary backgrounds, meaning that they draw not only on their understanding of workplace relations law to solve your problems, but also on their knowledge of how workplaces actually operate in the real world. The team includes three accredited workplace relations specialists. In addition, our lawyers and consultants have specialist knowledge of a range of industries, including infrastructure and construction, manufacturing, health and aged care, education, retail, hospitality and leisure, and recruitment.
As a practice specialising in employment law, workplace relations, and work health and safety (WHS), we are pleased to have received recognition for our work. Chambers and Partners 2015 described FCB Workplace Law as ‘a good boutique with a great reputation’. The Legal 500 Asia Pacific 2015 stated that FCB Workplace Law’s team is ‘responsive, business relevant, knowledgeable and good value for money’. FCB Workplace Law is also recognised in Best Lawyers 2017 and shortlisted for Employment Law Specialist Firm of the Year in the 2016 Australasian Law Awards.
FCB Workplace Law is Australia’s leading workplace relations law firm. We practise only in the area of employment law. We do it all day, every day. As a result, we are very good at it and, over the past 25 years, we have built one of the most highly regarded employment law practices in Australia. In terms of size, we are larger than the workplace relations teams in many of the large full-service firms. Our expertise in employment law is unparalleled and our team of lawyers includes three accredited workplace law specialists.
FCB Group offers HR Services through an expert team of experienced Human Resources consultants who specialise in supporting your people and culture functions. Whether you have a short-term assignment or a long-term project or parental leave cover – we have a group of individuals who are available at very short notice to cover any HR gaps in your business.
FCB Smart Visa helps employers who need to attract and retain the best human talent in a highly competitive global marketplace. We enable clients to have peace of mind knowing they can have movement of key employees, crucial to the success of major projects, where and when they need them. We deliver timely, tailor-made, sector specific advice on all matters involving the ever-changing Australian immigration laws. Unlike other providers, FCB Smart Visa is part of FCB Group, which delivers complete people management solutions to more than 10'000 Australian businesses, including some of the country's most recognisable brand names. We have particular expertise in the areas of IT, creative industries, recruitment, manufacturing, retail, hospitality, health & aged care and sport.
enableHR is a state-of-the-art online information and management system that delivers affordable and best-practice HR and WHS processes, tools, advice and record management. Widely regarded as the most sophisticated technological workplace solution on the market, enableHR provides you with a cloud-based employee management tool that results in greater efficiency and higher productivity. It can be used by enterprises, businesses, small-to-medium sized businesses, industry organisations and not-for-profit organisations.
HR Assured is our complete workplace relations solution for small-to-medium sized businesses. By providing you with a comprehensive human resource solution, HR Assured helps reduce the risks associated with managing people. Most importantly, it makes businesses more efficient and is also cost effective.
At FCB Group, we have been advising small and large businesses operating in the building, infrastructure, services and facilities management industries on workplace relations strategies and employment issues for over 20 years. Our infrastructure and construction team helps clients with the full spectrum of employment arrangements. We are also experienced in managing disputes, enterprise agreements and project contracts. If required, we can develop workplace management plans specifically tailored to this sector that streamline human resources processes and procedures for increased efficiency.
At FCB Group, we are very aware that, over the past 30 years, the industry has transformed. Operators today need to develop sophisticated industrial relations strategies if they are to remain competitive. Our manufacturing team helps strengthen our clients’ businesses by advising on industrial relations governance, developing innovative enterprise bargaining agreement strategies, setting up initiatives that drive workforce engagement, developing bespoke contracts and policies, assisting with union management, defending employment claims, and managing work health and safety issues. In addition, we can help companies that recruit workers from overseas to navigate Australia’s complex migration laws.
At FCB Group, we have specialised knowledge of the health and aged care industry in Australia. As an industry that is undergoing considerable growth, the sector is facing numerous challenges, especially in the area of people management. Our health and aged care team regularly assists clients with compliance, cultural and workforce development issues. We also advise businesses operating in this sector on recruitment and hiring (both pre-hiring and on-boarding processes), organisational change and restructuring, management of ill and injured workers, and workplace investigations. In addition, we provide assistance and advice on enterprise agreements and bargaining.
At FCB Group, we know that most retailers are finding it challenging to grow their businesses in the current economic climate. In addition, workplace laws are constantly changing, so remaining compliant can be a constant struggle. Our knowledge of the retail sector is unparalleled. We partner with the Australian Retailers Association and are currently representing a number of industry associations during the Fair Work Commission’s award review process. Our lawyers and consultants combine technical expertise with commercial pragmatism to offer long-term solutions that are specifically tailored to the requirements of retail businesses and prevent workplace issues emerging in the first place.
At FCB Group, we are very aware that, as people have become more focused on the activities they enjoy away from work, the hospitality and leisure industry has grown rapidly. We also know that in an industry built around adaptable, flexible workforces, there is always the potential for workplace issues to emerge that can quickly escalate into major problems. Our hospitality and leisure team can advise on all types of statutory entitlements and remuneration, as well as develop commercially pragmatic and efficient strategies for performance management. We can also help to devise, negotiate and implement enterprise bargaining agreements. Finally, if necessary, we represent clients in all types of employment-related litigation (including unfair dismissal, bullying, breach of contract and discrimination-related claims).
At FCB Group, we know that the key to a successful recruitment business is satisfied workers and candidates. We also know that workplace relations and safety compliance under tripartite employment arrangements can be challenging. Our recruitment team is experienced in managing client and workforce relationships in the recruitment sector. To help recruitment businesses remain competitive, we provide strategic advice on workplace relations governance, develop processes and procedures that ensure good workforce and expectations management, draft industry-specific contracts and policies, defend employee claims and grievances, and prepare complete workplace health and safety management systems.
FCB Group has been advising national and state sporting bodies, player associations and professional athletes for more than 20 years. In addition, FCB Group continues to enjoy a longstanding partnership with Fitness Australia and a number of key franchise businesses and individual operators, delivering innovative and practical workplace management and compliance solutions across the fitness industry.
Special Counsel & Senior Product Manager
Infrastructure & Construction
By Adrian Turner WorkSafe Victoria will soon commence issuing infringement noti...
As Australian businesses emerged into the light at the end of COVID’s dark tun...
As Australian businesses emerged into the light at the end of COVID’s dark tunnel, they are faced with fresh challenges in keeping their people safe at work. We are witnessing COVID-19’s long tail – together with the permanent shift to a ‘hybrid’ work model – fundamentally changing the operating model of so many businesses. Against the backdrop of Australia’s complex Work Health & Safety (WHS) laws, businesses are grappling with how the changing work environment shifts their risk profile and what the law requires they do to control those risks and keep their people safe at work. When contending with the changing face of the Australian workplace, businesses need not overcomplicate their risk management practices to achieve compliance. Best practice WHS compliance can be achieved by relying on tried and tested risk management practices as part of an underpinning WHS management system. Let’s dive into how. Understanding your duty of care For any employer, there should be no greater concern than the thought of workers being injured on our watch at work. It is for this reason that Australian WHS legislation imposes a legal duty of care on all persons......
The Fair Work Commission’s Minimum Wage Panel (FWC) handed down its decision on the annual wage review today. The decision provides an increase of 5.2 per cent to the National Minimum Wage, taking it to $21.28 per hour, effective from the first full pay period commencing on or after 1 July 2022. The increase to Modern Award minimum wages is $40 per week for classification levels with a weekly wage rate of less than $869.60 per week and 4.6 per cent for all classification levels paying $869.60 per week and above. The increases to Modern Award rates will be staggered for awards in the aviation, tourism, and hospitality industries, meaning these increases (which includes increases to the Restaurant Industry Award 2020, Hospitality Industry Award 2020 and Registered and the Licensed Clubs Award 2020), will be effective from the first full pay period commencing on or after 1 October 2022. For all other Modern Awards, the minimum rates will also increase effective from the first full pay period commencing on or after 1 July 2022. In reaching its decision, the FWC considered both economic and social factors including: a sharp rise in the cost of living; a strong improvement in the......
Prior to the COVID-19 pandemic, the Productivity Commission estimated that only 8 per cent of the Australian workforce had access to regular working from home (WFH) arrangements in place. However, within weeks of COVID-19’s beachhead onto Australian shores, that number had dramatically risen to 38 per cent of the Australian workforce undertaking their work from home . Without a doubt, WFH is one of the most dramatic shifts in the way Australians have performed work in the last few decades, perhaps even the last hundred years. It is unlikely that even if we are able to successfully live with or eradicate COVID-19, working from home arrangements are going to continue to form a substantial portion of how work is performed. This will have profound impacts not only on the way in which we work but also on workplace relations governance and how businesses seek to manage their operational and compliance risks. However, this transformation has not been homogenous; there has been very little growth, if any, of workplace flexibility for blue and grey collared workers. While the pandemic has predominantly impacted these types of workers in relation to shutdowns......
The availability, adaptability and scope of flexible working arrangements have become a common feature of employment arrangements since the COVID-19 pandemic took hold in 2020 and are now viewed as a key aspect of any company’s attraction and retention strategy. There is a significantly increased focus and emphasis on what flexibility can be offered, with an employee’s circumstances often being a critical defining factor in whether that employee takes up employment – or remains in it. Not only is it important for flexible working arrangements to be carefully implemented and structured so that they are appropriate for a business from an organisational perspective, but employers also need to pay consistent attention to a range of work health and safety considerations in non-centralised work that must be identified, controlled, and managed on an ongoing basis. If not an entitlement, at least an expectation Before the pandemic, the technology allowing many employees to work from home existed — but very few workers did work remotely. However, the pandemic sparked an experiment in which workers were forced to work in decentralised teams, and many......
In March 2020, the much-anticipated Respect@Work Report was released by the Australian Human Rights Commission (AHRC), the outcome of an 18-month inquiry into sexual harassment in Australian workplaces. The investigation was led by Kate Jenkins, Australia’s Sex Discrimination Commissioner, and her report outlined 55 recommendations for government, business and community sectors to consider in relation to the prevention of, and in responding to, sexual harassment. The Respect@Work Report revealed that sexual harassment in the workplace is pervasive and widespread. A year later – about the time Brittany Higgins made allegations of sexual assault in her employment with the Federal Government – advocates across the country gathered at #March4Justice rallies, calling on the Federal Government to implement all 55 of Ms Jenkins’s recommendations. One month later in April 2021, the Federal Government responded with its ‘Roadmap for Respect’ committing to implement most, but not all, of the 55 recommendations. On 2 September 2021, the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Respect@Work Act) was enacted......
We are delighted to announce that Alexandra Sullivan, Senior Associate in the FCB Workplace Law Sydney team, has been announced as a finalist in the LawyersWeekly 30 under 30 Awards in the Employment & Workplace Relations category for 2022. The Lawyers Weekly 30 Under 30 Awards is the premier event in showcasing the depth of talent in the nation’s young gun lawyers, recognising their success and their passion for the business of law. The finalist list, which was announced on Wednesday, 20 April, features over 270 high-achieving professionals across 31 submission-based categories. Reaching the finalists stage is regarded as an incredible achievement across the Australian legal industry, showcasing the depth of dedication and commitment each individual brings to advancing the industry. Lawyers Weekly editor Jerome Doraisamy said: “There is no bigger or better celebration of the myriad achievements of Australia’s emerging generation of leaders in law. “With the market looking ahead to a post-pandemic landscape, and the nature of legal service delivery still evolving, it is increasingly challenging for young legal professionals to make their mark......
Having come out of the most unpredictable and tumultuous two years of most of our lives, we had hoped that 2022 would bring stability and a return to something like normal. Omicron has changed this, at least for the moment. In addition, the world of employment and industrial relations is rarely stable and 2022 looks likely to bring change that will impact every business. So, what can we expect? Gazing into our crystal ball, we think it is likely we will see: Federal and State legislative change. Award changes. Significant decisions. Legislative change Naturally, the extent of national IR legislative change will hinge on the 2022 Federal Election outcome. A Coalition win is unlikely to result in any substantial changes to the Fair Work Act 2009 (Cth) (Act), although the makeup of the Senate, post-election could encourage the Coalition to take another run at the changes that were proposed early in 2021, in particular in relation to enterprise agreements and compliance and enforcement. On the other hand, an ALP win is very likely to result in significant change in a number of matters, including in what the union movement describes as insecure work – casual and......
A Melbourne based NDIS plan-management provider and its sole director are facing Court after failing to comply with a Compliance Notice issued by the Fair Work Ombudsman (FWO). The FWO issued a Compliance Notice in July 2021 to Kukoon Pty Ltd (Kukoon) following a request for assistance from a former employee. The employee is believed to have been underpaid entitlements owed under the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) and the National Employment Standards (NES), including minimum wages, payment in lieu of notice, and accrued annual leave. The FWO is seeking penalties which could be up to $33,300 for the Company and up to $6,660 for the director. Additionally, the FWO is seeking an order for the employer to comply with the Compliance Notice and rectify the alleged underpayments in full, plus superannuation and interest. The commencement of proceedings by the regulator demonstrates the importance of complying with a Compliance Notice, or risk being taken to Court where lawful requirements are not complied with. FWO Sandra Parker has said “Where employers do not comply, we will take appropriate action to protect......
FCB Workplace Law is delighted to announce that the company has been listed as a Leading Employment Law Firm (Employer Representation) in Doyles Guide Legal Rankings for 2022. In addition, we are proud to have three professionals listed in the rankings. Released annually, the Doyle’s Guide rankings is a comprehensive resource for consumers of Australian legal services. Each review is objectively compiled by way of extensive research and interviews with both peers, consumers and providers of legal services. Campbell Fisher Managing Partner & Solicitor Director, and Rod Marshall, Partner & Solicitor from FCB Workplace Law have been recommended in the Leading Employment Lawyers (Employer Representation) category for NSW. The 2022 listing of leading Employer-focused NSW Employment Lawyers details solicitors practising within the areas of employment and industrial relations matters in the New South Wales legal market whose practice has a strong employer representation focus and who have been identified by the state’s employment law solicitors for their expertise and abilities in these areas. Alex Kaufman Head of Migration & Solicitor......