Employment & Industrial Law

Maurice Blackburn has Australia's largest and most successful industrial relations practice.

Our employment and industrial law team has been involved in some of the most important industrial law cases in Australia's history. Maurice Blackburn principal Josh Bornstein was the lawyer behind the Maritime Union's creative, innovative and successful litigation strategy in the historical 'Waterfront Dispute' in 1998.

Anne Gooley acted for the Finance Sector Union when it achieved record penalties against the Commonwealth Bank when it discriminated against employees who were covered by its enterprise agreement.

Our team of lawyers in Sydney and Melbourne practice at the forefront of employment and industrial law.

Your contract of employment?

It has never been more important for employees to understand and have proper advice on employment contracts – what they are, how they work, what rights, obligations and entitlements they bestow and how to ensure their employment rights are not discarded.

We can provide you with advice in all areas of employment law, including:

• formation and content of employment contracts
• breach of contract
• independent contractors
• restraint of trade clauses
• confidentiality clauses
• termination of employment
• redundancy
• Australian Workplace Agreements
• issues for IT contractors
• unfair contracts cases in NSW
• executive employment issues
• sports contracts
• salary packaging
• employer obligations, and
• reasonable notice.

Advising about your Contract

The Employment and Industrial Law section has a number of contract specialists who can provide strategic advice about negotiating your contract of employment.  With your rights diminishing as a result of the Work Choices legislation it is important that you understand how your contract of employment will operate in the new environment.

Disciplinary Matters

Our lawyers have decades of experience advising professionals in relation to disciplinary matters concerning their employment.  Doctors, nurses, psychologists and teachers have been assisted by the Maurice Blackburn team to defend their professional reputations and their livelihood.  Our lawyers have appeared in professional tribunals and boards.  We also assist employees facing allegations of misconduct in the workplace.

Termination of Employment

We can advise you as to your rights under your contract, under the Workplace Relations Act, and under any other legislation.  You may be entitled to a notice payment from your employer under your contract.  If your contract doesn’t provide for termination by notice, then you will be entitled to “reasonable notice”.  The notice you are entitled to in those circumstances will depend upon a number of factors, such as:

• Your age;
• Your length of service;
• Your seniority;
• Your qualifications and experience.

You may also retain the right to bring 'unfair dismissal' proceedings if you can demonstrate that the termination of your employment was 'harsh, unjust or unreasonable'.

Additionally, we can advise you about the availability of 'unlawful termination' proceedings if you believe you have been dismissed for any of the following reasons:

• Absence from work due to illness of injury;
• Union membership;
• Having made a complaint about your employer’s breah of laws;
• Race, colour, sex, sexual preference, age, disability. Marital status, family responsibilities, pregnancy, religion, political opinion, nationality, social origin;
• Refusal to sign or negotiate an AWA;
• Taking parental leave;
• Taking leave to participate in emergency services.

Public Service employment

Servants of the Crown enjoy special protections in the legislation which provides for their employment.  Public servants can only be dismissed in particular circumstances, and have rights to challenge any decision to terminate their employment or subject them to any disciplinary action.   Our lawyers are experienced in advising about those

Trade Practices Act

The Employment and Industrial Law section regularly advises on the impact of the Trade Practices Act on our clients’ employment. In today's competitive labour market, employers need to provide incentives to attract the best employees, but may not always be in a position to honour their promises.  Employees who have been misled and deceived about their terms and conditions of employment, their earnings or their career progress may have a claim against their employers.

Frequently asked questions about discrimination and employment rights

1. What is an employment contract?
2. Do I have to sign an Australian Workplace Agreement?
3. What if my employment is terminated?
4. Am I entitled to redundancy pay?

What is an employment contract?

An employment contract is a legally binding agreement between employer and employee. An employment contract can be in writing, verbal or a combination of both. It contains the employees' rights and responsibilities in employment and the employer's obligations towards the employee.

Australian Workplace Agreements are different from ordinary employment contracts of employment as they displace any existing rights you may have under a relevant award, collective agreement or any approved individual contract of employment with your employer.

Do I have to sign an Australian Workplace Agreement?

No. If you refuse to sign an Australian Workplace Agreement and your employer then discriminates against you or terminates your employment or if you are forced to sign an Australian Workplace Agreement under duress you should seek legal advice immediately. If you are applying for a new job and you are told that you will not get the job unless you sign an Australian Workplace Agreement, you should also seek legal advice.

You should not sign an Australian Workplace Agreement without first seeking legal advice from your union or from a lawyer.

What if my employment is terminated?

Most written employment contracts will include a clause about termination of employment, including notice periods. Many standard contracts provide for only four weeks' notice regardless of length of service. In many cases, we can help negotiate a longer notice period.

Sometimes employers will seek to pay out an employee, rather than allow them to work the agreed notice period. In some cases, employees are entitled to have these payments calculated on the basis of the employee's total remuneration package, not just their cash salary.

Am I entitled to redundancy pay?

Nobody is entitled to redundancy pay simply because their employment is terminated. You will only be 'redundant' where your job no longer exists due to an economic, technological or structural reason, such as your employer closing the business or reducing employees because of new technology.

You will only be entitled to redundancy pay if there is:

• an award
• an enterprise agreement
• an AWA, or
• a contract of employment

which makes specific provision for you to be paid redundancy benefits.

If you are in a workplace with less than 15 employees, if there is an award providing for redundancy benefits, you may no longer be entitled to those benefits.

Want to know more?

If you’d like more information about your employment or industrial rights or what Maurice Blackburn can do for you, freecall 1800 810 812 and a member of the employment and industrial team will assist with your enquiry.