With offices in Melbourne, Sydney, Canberra, Brisbane and Perth, market leader Ashurst boasts a strong national presence which attracts a plethora of blue-chip multinationals, domestic corporates as well as federal and state governments. The team is well versed in conducting workplace investigations, dealing with psychological risks and cases of harassment, bullying and discrimination. The team is home to practice head Lea Constantine, in the Sydney office, who is known for her sound strategic advice along with her work with high-risk events, investigations and inquiries, as well as former prosecutor Scarlet Reid, who has in-depth knowledge of workplace health and safety (WHS) law and advises on prosecutions and safety compliance. James Hall’s health and safety expertise is sought out by major coal companies in Queensland in particular.
Labour and employment: workplace health and safety (WHS) in Australia
Ashurst
Praxisleiter:
Lea Constantine
Weitere Kernanwälte:
James Hall; Scarlet Reid; Julia Sutherland; Stephen Woodbury
Referenzen
‘The team has strength across its practices, with some particularly skilled and experienced practitioners.’
‘They are personable and clear in their advice in a way that provides a high degree of confidence.’
‘Lea Constantine and Julia Sutherland care about the people and the organisations they are working with and are committed to supporting them through what are usually difficult situations.’
Kernmandanten
NSW Government
Woolworths Group Limited
Qantas Airways
Anglo American
AGL
Endeavour Energy Network
Commonwealth Government
Lendlease
Port Kembla Coal Terminal
Victorian Government
Alcoa of Australia Limited
Newcrest
Highlight-Mandate
- Advising Western Sydney Local Health District (WSLHD) in relation to two landmark prosecutions brought by SafeWork NSW in the District Court of NSW for failures to minimise the risk of psychosocial harm in the workplace.
- Acting for Qantas Ground Services in relation to prosecutions commenced by SafeWork NSW following allegations of discriminatory conduct towards a health and safety representative.
- Advising Anglo American with respect to a fatality that occurred at its Moranbah North mine on 25 March 2022.
Clyde & Co LLP
With offices across Australia and throughout the Asia Pacific region, workplace health and safety authority Clyde & Co LLP has national expertise and global capabilities. The team deals with all manner of general day-to-day workplace disputes, including high-profile and contentious matters involving allegations of sexual harassment, bullying and gender discrimination. Alena Titterton is known for her ability to handle prosecutions and investigations, specialising in anti-terrorism, biosecurity and cybersecurity. Michael Tooma and Kiri Jervis left the firm in November 2023.
Referenzen
‘Excellent industry knowledge and credibility. Responsive and available. Business-like approach to the work. Provide good updates and progress reports.’
‘Very approachable, available and knowledgeable. Easy to work with. Have great industry credibility and was a very safe pair of hands. Struggle to see how you could engage someone who would give you more confidence and industry knowledge.’
‘A highly professional team that is as much about proactive legal support as it is when an incident has occurred. The tools such as the DDi, Clyde Comply and PIM, (positive investigation methodology) are giving industry real metrics to measure and report positive safety cultures and leadership.’
Clayton Utz
The team at Clayton Utz is highly sought after in the infrastructure, energy, natural resources and construction sectors, among others. The practice is co-headed by Brisbane-based partner Shae McCartney, who assists private and public sector clients with incident response, prosecution management and policy review, along with Dan Trindade in Melbourne, who is well versed in dealing with court prosecution. Another name to note is Hilary Searing, who advises on incident response (including how to deal with police and media after serious incidents), conducts safety investigations and has litigation experience in defending complex matters.
Praxisleiter:
Shae McCartney; Dan Trindade
Weitere Kernanwälte:
Hilary Searing
Referenzen
‘The practice, led by Shae McCartney, is responsive and acts with all due haste. Advice is succinct and precise. Good access to the best Counsel. Use of meeting technology is second-nature to them.’
‘A deep interest in the client and their organisation – and interest in how it can assist to make the organisation better.’
‘The team has such great and knowledgeable staff. It is satisfying to know when there is an issue you can rely on very experienced and specialised staff. They are available at a moment’s notice when something happens and can deal with any area of law.’
Kernmandanten
Austal Ships
Major Projects Canberra
Australian Rail Track Corporation
Sunshine Coast University
Suburban Rail Loop Authority
State Governments: Department of Agriculture and Fisheries; Department of Education; Major Projects Canberra
Mineral Resources
Museum of Old and New Art (MONA)
ARTC
Safe Work Australia
Concord Golf
Administrative Appeals Tribunal
The Department of Home Affairs
Australian Federal Police
Comcare
Australian Public Service Commission
The University of Melbourne
University of Sydney
University of Queensland
University of Western Australia
Highlight-Mandate
- Advising Sunshine Coast University regarding an Improvement Notice received by the Workplace Health and Safety Queensland regulator.
- Providing safety advice for the Suburban Rail Loop Authority, as well as advice, support and training on OHS matters.
- Advising Fortescue Future Industries on the establishment of a major hazard facility which proposes to produce green hydrogen, through decarbonisation of ammonia.
Corrs Chambers Westgarth
With offices in Melbourne, Sydney, Perth and Brisbane, Corrs Chambers Westgarth has a strong presence across the country. The team’s strengths lie in settling contentious issues and providing advice to clients across a number of key industry sectors, including financial services, retail, government, infrastructure and energy. Practice head John Tuck is known by national businesses, corporate clients and federal governments for his expert handling of investigations, projects and employment strategies. Marie Costa assists with initial advisory work and preventative training, as well as investigatory work and prosecutions. The team has recently welcomed new hires Kirsty Faichen and Giacomo Giorgi from Herbert Smith Freehills LLP.
Praxisleiter:
John Tuck
Weitere Kernanwälte:
Marie Costa; Giacomo Giorgi, Kirsty Faichen
Kernmandanten
Boeing
Cathay Pacific
Commonwealth Bank of Australia
Glencore
National Australia Bank
Shell
State of Victoria
Woodside
Highlight-Mandate
- Represented RMIT University in relation to a sensitive general protections matter brought against it in the Federal Court alleging adverse action based on the applicant’s sexual orientation and indigeneity.
- Advised on Glencore’s legal obligations under work health and safety laws in Queensland and New South Wales.
- Acting for Network 10, a prominent Australian commercial television network, in Federal Court of Australia proceedings commenced by a reporter.
Herbert Smith Freehills LLP
Fielding skilled practitioners across Melbourne, Perth, Brisbane and Sydney, Herbert Smith Freehills LLP leverages national expertise across a variety of work health and safety matters. The practice is led by Steve Bell, who is highly sought after by clients for advice on employment litigation and risk management. The team is bolstered by Miles Bastick, who is the first point of contact when it comes to high-risk and private employment and safety matters, and by the input of Aaron Anderson, who has 24 years’ experience working in health and safety. Anderson regularly acts for clients in investigations and prosecutions, as does key practitioner Anna Creegan.
Praxisleiter:
Steve Bell
Weitere Kernanwälte:
Aaron Anderson; Drew Pearson; Miles Bastick; Anna Creegan; Nerida Jessup
Kernmandanten
Coles
South32
Suncorp
Optus (NSW)
Chevron
Leandlease
NSW, Victoria, Queensland and WA State Governments
Ausgrid
Santos
Virgin Australia
Highlight-Mandate
- Working with the Australian Human Rights Commission to develop the Guidelines for the Targeted Recruitment of People with Disability.
- Advising an ASX-listed employer on an investigation into workplace culture and psychological safety.
- Representing DuluxGroup in the Fair Work Commission and Federal Court proceedings brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).
Kingston Reid
Kingston Reid offers clients a ‘truly national’ practice, with practitioners based across its offices in Sydney, Melbourne, Perth and Brisbane, allowing ‘members from the team to cover all jurisdictions simultaneously’. The team works to help businesses comply with the law, not only by offering training and guidance across workplace health and safety but by putting the systems in place that allow them to do so. Practice head John Makris (Sydney) provides advice to clients within the transport sector, while Michael Stutley (Perth) attracts clients from health and aged care, often representing clients in courts. Erica Elliott (Sydney), who has 15 years of litigation experience, focuses on helping prevent workplace incidents before they occur, as well as responding to them when they do.
Praxisleiter:
John Makris
Weitere Kernanwälte:
Michael Stutley; Erica Elliott
Referenzen
‘Experienced and dedicated.’
‘The team is a truly national one. Members from the team cover all jurisdictions simultaneously, which not only means clients’ needs can be met locally, but also a sharing of skills ensures first-rate service.’
‘They are true professionals and exceptional to work with.’
Kernmandanten
CPB Contractors
Downer Group
John Holland Group
BGC Group
NRW Contracting
McConnell Dowell Constructors
Built
UGL Limited
Pacific National
Perenti Global
Mondiale VGL
Opal Aged Care
NSW Government
WesTrac
ORIX
Fortescue Metals Group
St John Ambulance Western Australia
Capricorn Metals
Rehabilitation Injury Management
Goondiwindi Regional Council
Australian Clinical Labs
Canterbury Bankstown City Council (CBCC)
Highlight-Mandate
- Advising Rehabilitation Injury Management on the threatened closure of the business by a regulator.
- Advising and representing Australian Clinical Laboratories in relation to a sharp increase in regulator interest in the business.
- Advising and representing the Goondiwindi Regional Council in relation to a prosecution for a breach of the Work Health and Safety Act 2011 (Qld).
Maddocks
The team at Maddocks is well versed in dealing with a variety of workplace health and safety matters, such as bullying, anti-discrimination, unfair dismissals and contract terminations, attracting instructions from governmental bodies and large multinationals. The department's breadth of experience also extends to Federal and High Court representation. Catherine Dunlop is often sought after for her ability to navigate fatality responses and sensitive sexual harassment matters; she co-leads the practice from Melbourne with Bruce Heddle, who has over 35 years of experience working on employment and workplace health and safety matters.
Praxisleiter:
Catherine Dunlop; Bruce Heddle
Kernmandanten
Commonwealth of Australia – Department of Agriculture, Water and the Environment
Commonwealth of Australia – Director of National Parks
State of Victoria – Department of Health
State of Victoria – Department of Families, Fairness and Housing
State of Victoria – Court Services Victoria
7-Eleven
Fire Rescue Victoria
Built
Victoria Police
Dominos
GenesisCare
Eurobodalla Shire Council
Commonwealth of Australia – Australian Communications and Media Authority
Barwon Water
Afterpay
Commonwealth of Australia – Department of Industry, Science, Energy and Resources
Highlight-Mandate
- Advising some of the largest employers across Victoria and New South Wales on mandatory vaccination requirements.
- Advising 7-Eleven on WHS matters, including responsibilities, contractor arrangements, mental health and safety incidents around Australia.
Norton Rose Fulbright
The team at Norton Rose Fulbright offers clients assistance across the full life cycle of workplace health and safety issues, from regulatory and compliance through to crisis response, investigations and prosecutions. Katherine Morris steers the group, which is sought by clients from the renewables and infrastructure sectors for assistance with compliance as well as psychosocial risk management. The deep bench features Martin Osborne, known for his ‘excellent regulatory advice and great knowledge of regulator drivers’, and the ‘attentive and responsive’ Nicki Milionis.
Praxisleiter:
Katherine Morris
Weitere Kernanwälte:
Nicki Milionis; Martin Osborne
Referenzen
‘Excellent regulatory lawyers.’
‘Martin Osborne – excellent regulatory advice and great knowledge of regulator drivers.’
‘The firm’s strength is the knowledge and experience of its people.’
Kernmandanten
Acciona Infrastructure Australia Pty Ltd
APA Group
Arrow Energy
Australian Gas Infrastructure Group
Centennial Parklands
Chevron Australia Pty Ltd
Coleman Rail
Commonwealth Department of Science, Industry, Energy and Resources
CWP Renewables
Department of Families, Fairness and Housing
Energy Queensland
Fulton Hogan
Goodman
Hansen Yuncken
Honda Australia
Kyle Road – Developers
Laing O’Rourke Australia Construction Pty Ltd
Lendlease
Logos
Luxxotica (OPSM)
McConnell Dowell Constructors (Aust) Pty Ltd
Mirvac
Office of the Department of Public Prosecutions
RMIT
Schlumberger
Service Stream
Thales
Veolia Environmental Services
Vestas Australian Wind Technology
Windlab
Highlight-Mandate
- Acted for the Victorian Department of Families, Fairness and Housing facing criminal prosecutions under the Occupational Health and Safety Act 2004 (Vic) (OHS Act).
Seyfarth Shaw LLP
Seyfarth Shaw LLP’s clients, which are often multinationals operating in the telecoms, manufacturing, construction, mining and resources sectors, turn to the group for its strong workplace health and safety capabilities. In Sydney, leadership of the practice is shared between Paul Cutrone, who handles policy issues and incident management, and Darren Perry, who manages contract termination disputes, while in Melbourne, practice co-head Penny Stevens routinely attends to matters of client defence and prosecution.
Praxisleiter:
Darren Perry; Paul Cutrone; Penny Stevens
Weitere Kernanwälte:
Sarah Goodhew; Nicholas Neil
Referenzen
‘The team has a deep understanding of legal strategy, breaking up tasks within the team to those who have the best skills to undertake each relevant task. The attention to detail and the manner in which they complement each other’s input is impressive.’
‘Sarah Goodhew is an outstanding partner because she leads the team both strategically and collaboratively. Her legal knowledge is first class, and she ensures that she is on top of all the varying tasks being undertaken in the litigation.’
‘Nicholas Neil has an excellent legal mind with terrific research skills – always finding not only relevant precedents but also academic and parliamentary literature on point.’
Kernmandanten
National Roads & Motorists Association (NRMA) Group
Global engineering company
Psychological health and safety in Australia
An Australian mining and engineering company
Highlight-Mandate
- Aided a global engineering company to review the legal standards and frameworks for managing workplace psychosocial risks across 10 jurisdictions globally.
- Aided in raising awareness and addressing psychosocial hazards unique to various workplaces and industries.
- Assisting an Australian mining group with the development of its contractor engagement strategy and update of contractor engagement processes.
Allens
The WHS team at Allens handles a breadth of matters, from initial due diligence and safety training through to regulatory investigations and litigation. Simon Dewberry, who specialises in matters of discrimination, harassment and termination of employment, co-leads the practice alongside Samantha Betzien, who arrived from Minter Ellison in 2022. Betzien is well versed in compliance and risk management, as well as investigations and court prosecutions.
Praxisleiter:
Samantha Betzien; Simon Dewberry
Referenzen
‘The practice provides concise and practical legal advice that helps us effectively manage risk and legal compliance in our workplace.’
‘Sam is an exceptional legal advisor who has stewarded our business through some extremely challenging issues. Her support has been invaluable.’
‘WHS advice in a complex multinational business is a challenging beast. The team has been successful in seamlessly integrating with the business’ in-house legal function to provide direct advice to internal stakeholders in a manner which is clear and decipherable – even by clients based in foreign jurisdictions for whom English is a second language.’
Kernmandanten
BP
BHP
Wesfarmers
Chevron
Santos
Westpac
Coles
Samsung
Super Retail Group
Highlight-Mandate
- Represented Rio Tinto entities in two prosecutions in respect of safety incidents.
- Advised various clients, including DuPont, Mirvac and Bank of China, on the management of claims of workplace injuries.
- Aided various clients, including BAE Systems, Bank of China and DuPont, on the requirement for training on work health and safety duties.
Colin Biggers & Paisley
The WHS team at Colin Biggers & Paisley is highly sought after by companies in the construction, aged and community care, and education sectors, where it is known for advising on employee safety, risk management and managing industrial relations. Greg McCann leads the practice from the Sydney office and leverages his expertise in the mining and local government sectors, while Brisbane-based partner Megan Kavanagh advises on a variety of WHS matters, from bullying and investigations to, more recently, psychosocial hazards within the workplace.
Praxisleiter:
Greg McCann
Weitere Kernanwälte:
Megan Kavanagh
Highlight-Mandate
- Assisting a mining client in an investigation conducted by the NSW Resources Regulator following the injury of an experienced mine worker.
- Advising a diving organisation on police and SafeWork NSW investigations following a serious medical episode experienced by a course participant.
- Representing a transport client in two separate court appearances responding to alleged breaches of the National Heavy Vehicle Regulation.
King & Wood Mallesons
Known for its ability to juggle regulatory compliance work and litigious matters, King & Wood Mallesons attracts a range of clients from the natural resources, financial services and real estate sectors. The practice is jointly led by Philip Willox, who is a key point of contact for those seeking help with workplace injury and investigations as well as bullying and sexual harassment cases, and Andrew Gray, who assists companies with the development of safety governance systems. Both practitioners have 30 years of experience working on WHS matters. Ruth Rosedale is another name to note; her practice encompasses both contentious and non-contentious health and safety matters.
Praxisleiter:
Andrew Gray, Philip Willox
Weitere Kernanwälte:
Ruth Rosedale
Kernmandanten
Macquarie Asset Management
Bloomfield Group
BHP
Glencore
Gladstone Ports
Paraway Pastoral
Citigroup
Museum of Queensland
Scentre group
Hanson Construction
Westgold
Highlight-Mandate
- Advised MAM (Macquarie Asset Management) on its approach to WHS governance across its portfolio of assets.
- Advising on several ongoing safety investigations for clients in the energy and resources, mining, industrials and consumer, agriculture, real estate and construction sectors.
- Advising a range of clients on their COVID management plans and their return-to-work arrangements, including major employers such as Citigroup.
K&L Gates
With WHS teams based across Australia, K&L Gates offers clients a national service, which attracts domestic corporates and government agencies alike. The practice benefits from the dual leadership of Paul Hardman, whose focus is on the agribusiness and resources sectors, and Stephen Hardy, whose practice has an emphasis on matters in the property and construction industries. The deep bench includes Alanna Fitzpatrick, who ‘can be relied upon for support in time-pressure situations’ and Dominic Fleeton, who is considered ‘the go-to person for WHS advisory in Melbourne’, both of whom are routinely sought out by clients for advice on safety compliance, investigations and court prosecutions.
Praxisleiter:
Paul Hardman; Stephen Hardy
Weitere Kernanwälte:
Dominic Fleeton; Alanna Fitzpatrick
Referenzen
‘Deep knowledge of the practice area with exceptional commercial overlay, which makes service delivery targeted and timely.’
‘Highly approachable, affable and available: nothing is too much trouble.’
‘The WHS team are practical, outcome focused and very responsive. They have an easy manner and are able to help communicate from Board level right through to entry level operational staff in a way that is accessible. Their ability to get to the heart of an issue quickly and identify risks and both immediate and longer-term practical responses makes them an invaluable extension of my team.’
Kernmandanten
Ardent Leisure (Dreamworld Employees)
Commercial Passengers Vehicles Victoria
Victorian Government – Department of Education
Victorian Managed Insurance Authority (VMIA)
Highlight-Mandate
- Advising VMIA on a number of WHS-related matters.
- Defended Onsite Rental Group Operations in a prosecution by the Queensland Work Health and Safety Regulator.
- Assisted the Master Builders Association of Victoria on compliance with specific aspects of Victoria’s occupational health and safety legislation.
Mills Oakley
A mix of high-profile corporates, private companies and government agencies make up the stellar client base of Mills Oakley, all turning to the group for advice on WHS matters, from initial due diligence work and incident response through to investigations and court appellate trials. Leadership of the practice is shared between six lawyers: in Brisbane, Harold Downes brings 30 years of experience helping clients with safety compliance and incident response, and in Melbourne, Ross Levin’s practice blends health and safety defence with health and safety fraud matters. In the Sydney office, Laura Sowden routinely represents respondents in cases of discrimination, harassment and unfair dismissal before various courts, and Malcolm Davis brings over 20 years of experience advising clients in the construction and agricultural sectors on health and safety. Canberra-based partner William Ward proficiently juggles a range of general protection claims, and Rob Humphreys in Perth advises on workplace incidents and investigations.
Praxisleiter:
Harold Downes; Ross Levin; Laura Sowden; William Ward; Malcolm Davis; Rob Humphreys
Kernmandanten
Metarock
Visy
Rio Tinto
South32
Worley
Teys Group
Lipman Construction
The Riverside Coal Company
Hitachi Rail
GLNG
Mulpha Group
Cox Automotive Australia
Ramelius Resources
UWA
Janssen-Cilag and Johnson & Johnson
Shamrock Civil Construction Company
Destination Gold Coast Consortium
Palfinger
The Salvation Army
Grill’d
Shadforth Construction
Hastings Deering Australia Ltd
Ausdeck
Highlight-Mandate
- Advising Lipman on a strategy to challenge an Improvement Notice issued by SafeWork NSW to reduce the range of matters for which Lipman could be prosecuted.
- Advising a global company on a change of the approach taken to the selection, engagement and management of contractors since it commenced operations.
- Advising a private client on a potential industrial manslaughter offence, which carries a maximum 20 year prison sentence and no option for a fine.
MinterEllison
The team at Minter Ellison works with clients from a range of sectors, from transport to health. Co-led by Deanna McMaster, a specialist in health and safety, and experienced practitioner Trent Forno, the group advises on the gamut of WHS matters. The ‘exceptional’ Harriet Eager handles work in the financial services and higher education sectors, while Craig Boyle assists clients in the agriculture, logistics and mining sectors. Rhian O’Sullivan advises across the private and public sectors and represents clients in various courts and tribunals.
Praxisleiter:
Deanna McMaster, Trent Forno
Weitere Kernanwälte:
Craig Boyle; Harriet Eager; Rhian O’Sullivan
Referenzen
‘Highly responsive to their clients’ needs. The team is timely with communication, collaborative on all aspects of development of case strategy and always professional.’
‘Extremely competent and practical advice in a responsive manner. Great transparency on billing. Pleasure to work with – a diverse team.’
‘Harriet Eager – exceptional – ability to give pragmatic advice, broad industry experience and responsive.’
Kernmandanten
Queensland Rail
Brisbane Airport Corporation
Regional Quarries Australia Pty Ltd
Aussie Skips Recycling Pty Ltd
Highlight-Mandate
- Advised Horizon Power on amending and updating its safety policies and procedures to ensure they aligned with the new Work Health and Safety Act 2020 and underlying regulations.
- Advised and represented Aussie Skips and its officers’ response to a workplace fatality and the associated investigation by SafeWork NSW.
- Acting for Gold Coast Hospital and Health Service in the external review of improvement notices issued before the Queensland Industrial Relations Commission.
Piper Alderman
Piper Alderman's expertise spans the gamut of WHS matters, from initial legal advice through to defence and prosecution. Under the guidance of practice head Shane Entriken, who leads from Perth, the team educates and advises their predominantly national client base – consisting of boards, employers, officers and regulators – on a range of health and safety matters. The strong bench includes Andrew Jonklaas, who advises on health and safety compliance, particularly within the mining, transport and energy industries, and Lauren Baker, whose practice blends strategic advice with disputes and court litigation services.
Praxisleiter:
Shane Entriken
Weitere Kernanwälte:
Andrew Jonklass; Lauren Baker
Referenzen
‘Each team member at Piper Alderman is exceptional.’
‘Piper Alderman is an excellent firm that gives generously to the community. They provide excellent pro bono service to many charities that need assistance.’
‘Their invaluable assistance extended to every stage, from conceptualization to seamless industry implementation.’
Kernmandanten
Australian Health Practitioner Regulation Agency
Highlight-Mandate
- Acts for the Australian Health Practitioner Regulation Agency (AHPRA), which works in partnership with 15 National Boards to ensure the community has access to a safe health workforce.
- Acts for a private company representing the interests of the daughter of a late mining entrepreneur.
- Conducting work health and safety due diligence training for directors and officers of organisations on a regular basis.