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Andrew Knott

Expertise

Andrew has more than 40 years’ experience in employment and industrial relations matters. He focuses on contractual, industrial, professional conduct, occupational discipline, equal opportunity issues and public sector employment.

Andrew’s principal clients are in the education sector, namely the Queensland Teachers’ Union and the Independent Education Union of Australia – Queensland/Northern Territory Branch. He also advises and represents both employers and employees in commercial, non-profit and government organisations, and regularly advises clients in the not-for-profit sector (especially unions and community sector bodies) on governance, employment and related matters. 

Experience

Andrew’s key experience includes:

Employment and Industrial Relations

  • drafting employment agreements
  • advising on legal issues relating to legal entitlements, discipline, performance review, termination and workforce restructure
  • preventing and resolving disputes, and representation of clients, in a range of State and Federal courts and industrial commission and tribunals, on matters including:
  • contractual claims
  • interpretation of industrial instruments
  • professional misconduct and dismissal issues
  • discrimination and harassment complaints
  • public sector employment issues
  • assisting clients to make the transition to operate under the Fair Work (and earlier) legislation, including advice (and cases conducted in the Industrial Court of Queensland) on whether employers are ‘constitutional corporations’ and advice, negotiation and drafting in relation to common law collective agreements
  • advice and representation on employment and industrial law in education environments.

Occupational Discipline

  • advice and representation of professional employees in Queensland Civil and Administrative Tribunal and predecessor bodies, and in employer discipline matters.

Union and Not-for-Profit Governance

  • advice and representation of registered unions in compliance and governance matters
  • advice and representation of not-for-profits (especially community sector organisations) in governance and employment issues.

Teacher and Education Unions

  • advice and representation of teachers and education workers, and their unions, on employment, industrial, school management, legal obligations, discipline, registration, community relations and student protection matters.

Publications

17 April 2018 - Blog

Accepting a distressed employee's resignation may be a dismissal

#Workplace Relations & Safety

Bupa Aged Care Australia Pty Ltd v Shahin Tavassoli (2018) FWC 2014 9 March 2018, a decision of Commissioner Cambridge of the Fair Work Commission

14 November 2017 - Blog

Employer vindicated by finding that employee not pressured to resign

#Workplace Relations & Safety

Elizabeth Price v Coles Supermarkets t/a Coles In a decision of Deputy President Anderson of the Fair Work Commission on 29June 2017 in an unfair dismissal case the threshold question was whether there was jurisdiction to entertain an unfair dismissal case or whether the employee had resigned. ...

24 July 2017 - Blog

Court finds employee dismissed because of pregnancy

#Workplace Relations & Safety

The case is Mahajan v Burgess Rawson and Associates [2017] FCCA 1560, 7 July 2017.Statutory contextSection 351 of the FairWork Act provides that an employer “must not take adverse action against a p...