Industrial Relations, Employment, Workplace and Safety
- Industrial Relations, Employment, Workplace and Safety
McKays Industrial Relations, Employment, Workplace and Safety team looks after employers of all types and sizes.
McKays Industrial Relations, Employment, Workplace and Safety team is highly skilled commercially focused and able to deliver practical outcomes for your workplace, your business and your industry, ensuring that all the legal and business implications are taken into account.
Employers need an effective, functioning workforce. That sets the strategic basis for all employment and workplace advice we give. Our technical knowledge and practical legal skills mean employers can achieve the best result whether that be across an entire enterprise or division or a case involving a single employee.
The McKays Industrial Relations, Employment, Workplace and Safety team can look after all issues facing employers including:
- Unfair dismissal – advice and representation;
- General Protections application is – prevention and defence;
- Discrimination and harassment – advice and defence of claims;
- Restraint of trade/unfair competition – contractual arrangements and enforcement;
- Redundancy, relocation and redeployment – strategies and implementation ;
- Awards – advice and interpretation;
- Enterprise Bargaining and collective agreements – drafting, advising and negotiating;
- Fair Work Commission orders – including bargaining orders, serious breach declarations, majority support determinations, scope orders, injunctions et cetera;
- Queensland Industrial Relations Commission – representation and advice;
- Industrial disputes – advice and representation;
- Employment contracts and ancillary agreements – drafting and interpreting;
- Workplace policies;
- In-house training;
- Recruitment procedures and advice;
- Business sales and purchases – employment aspect;
- Compliance issues and advice, Commonwealth and State;
- Work Health and Safety –
- Workplace policies and procedure;
- Workplace investigations and records of interview;
- WHS prosecutions and Enforceability Undertakings;
- Contractor management systems;
- Training and education;
- Risk minimisation (prosecution, commercial and reputational).
Work Health and Safety
Our team is recognised by its clients and peers for their safety expertise and experience across a number of industries including construction, mining, manufacturing, transport (and marine), energy, aged care and education.
Our approach includes:
- Helping you to recognise the extent of your safety obligation – both for the business and its managers in their personal capacity
- Compliance steps to meeting the requirements of safety legislation
- Quick response — incidents can happen at any time and you need a team to respond quickly and to help strategically manage any incident in a way that returns operations to running with risks accounted for and managed. We consider the wider implications of incidents to your business.
- Representation — to ensure minimal impact on your business, we work with regulators to achieve the best outcome. We have a significant track record in achieving commercial outcomes in otherwise difficult situations, including achieving acquittals on behalf of clients.
Work Health and Safety Services
- A 24/7 response team.
- Advising clients on the impact of changes to WHS law and trends.
- Managing incidents, liaising with regulators, police, emergency services and coroners, advising on regulators’ powers and providing both companies and individuals with information on their rights and responsibilities.
- Advising on notices issued by the regulators and the ability to have these notices considered.
- Advising on employee issues arising out of WHS related matters such as disputes, discrimination and disciplinary action, workers compensation issues, rehabilitation and premium impacts.
- Representation at coronial inquests and prosecutions.
- Assisting in the development and review of safety systems including incident protocols and contractor management systems.
- Developing and delivering tailored WHS training and education to assist businesses meet their obligations.
We practice as an integrated workplace, employment and safety team, so that our industrial experience is particularly useful and relevant where safety issues flow over into industrial relations.
Discrimination and Bullying
Employers across many industries are experiencing increased harassment, bullying and discrimination complaints by current and former employees. Prevention is definitely better than cure and we are committed to helping our clients prevent harassment, bullying and discriminatory conduct from taking place in the workplace. As well, we assist clients in complying with anti-discrimination legislation, common law and statutory duties relating to their employee’s wellbeing at work.
We draft and review policies and procedures tailored to your workplace and operations, including in relation to equal opportunity, affirmative action, flexible working arrangements, discrimination, sexual harassment and workplace bullying.
To ensure you stay on top of the issues, we also provide training for management and employees and can assist with the investigation, handling and resolution of employee complaints. We frequently represent clients in state and federal tribunals, and advise generally on risk management.
In the event that these proactive steps do not prevent a claim being made, our team is able to assist our clients in defending a claim before the relevant tribunals or courts. When it is in your best interests, our focus is on the early resolution of claims. When this does not happen however, we are experienced in managing and conducting litigious matters and achieving great results for our clients.
Discrimination and Bullying Services
- Preparing and reviewing policies in relation to equal employment opportunities, affirmative action, flexible working arrangements, discrimination, sexual harassment and workplace bullying.
- Provision of compliance training for managers and employees.
- Conducting independent workplace investigations into complaints of inappropriate workplace conduct.
- Advising in relation to compliance with anti-discrimination legislation and other common law and
- statutory duties.
- Representing clients in defense of claims brought by current and former employees in tribunals and courts.
Staying current with the ever evolving regulation and compliance requirements is a challenge. Translating the legal and regulatory complexity into plain, comprehendible English is a further challenge.
The team at McKays provides comprehensive workplace training programs that are delivered in an informative and interactive way, so that attendees are able to take key learning and make those learnings immediately applicable to the workplace.
The McKays team have consistently been rate as excellent presenters who are able to take legalise and sometimes complex legal ideas and turn them into practicable and applicable actions that non-lawyers can understand.
Workplace training programs
- Understanding the work health and safety obligation (how to kick health and safety goals)
- Managing a work health and safety incident
- Successful Workplace Investigations
- Sickies, Dr Holiday and getting them back to work – Managing Ill and Injured Employees
- Performance Management
- Managing a employment termination process – what is fair and what is lawful
- Workplace Behaviour – maintaining a safe workplace
Our Industrial Relations, Employment, Workplace and Safety Team
Employment Law issues can pose risks to any business. Innovative solutions are now required to minimise these risks from problems arising in the workplace. McKays' Employer's Survival Kit provides practical advice and recommendations for your business and gives you the opportunity to receive training sessions, telephone advice, reviewing and maintaining of employment contracts and much more.
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