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Charles Power

LLB, BEc (Hons)

Partner - Melbourne

Areas of Expertise

Workplace Relations & Safety

Contact Charles

+61 3 9321 9942 charles.power@holdingredlich.com Connect

Expertise

Charles draws on over 20 years of skills, expertise and experience in workplace relations and safety law. In addition to legal practice, Charles has served as an associate to a senior deputy president of the Australian Industrial Relations Commission. In 1995 and 1996 Charles served as a Canberra-based adviser to a federal government minister.

Charles was accredited by the Law Institute of Victoria in 2006 as a workplace relations specialist. He is Editor-in-Chief of the Employment Law Practical Handbook, with over 4,000 subscribers nationally.

Charles has been recognised as a 5-Star Employment Lawyer by HRD Australia. He has also been recognised by The Best Lawyers in Australia as a leading practitioner in Labour and Employment Law and Employee Benefits Law since 2013. In 2021 Best Lawyers awarded Charles Lawyer of the Year in the Employee Benefits field. Charles is also recognised in the 2022 and 2023 edition of Doyle’s Guide as a leading lawyer in Employment (Employer Representation) for Victoria.

Charles gives legal advice and representation to organisations and individuals in all areas of the discipline, including: 

  • minimising legal risks associated with recruitment, including advice and drafting documents to address legal exposure to trade practices, discrimination and privacy laws, in advertising for, and interviewing and selecting candidates 
  • negotiating, drafting, implementing and enforcing employment contracts, human resources policies and procedures and enterprise agreements 
  • protecting intellectual property, confidential information and goodwill through drafting and implementing appropriate contractual provisions, and enforcing them where necessary 
  • managing and regulating employee behaviours in a legally effective manner through development and implementation of appropriate human resources policies, procedures and guidelines; disciplinary and performance management actions 
  • minimising legal exposure in workplace change, including compliance with consultation and dispute resolution requirements, redundancy, retrenchment and redeployment, and transfer of business and outsourcing/insourcing 
  • dealing with requirements of law and best practice in managing the interaction between work on the one hand and family and disability on the other 
  • wrongful and unfair dismissal, general protections, sexual harassment and discrimination complaints 
  • compliance with industrial and workplace health and safety laws and represents them in investigations and prosecutions undertaken by the regulators 
  • enterprise bargaining, good faith requirements, capacity for tribunal intervention, protected (and unprotected) industrial action, making and implementing agreements.

Experience

Charles and his team provide all the legal services required by Scentre Group in the area of workplace relations and safety. This includes representation of the company in OHS matters and negotiation of enterprise agreements.

In addition, Charles and his team deliver all the employment law services for many notable Australian organisations including Citywide, carsales, Ansell, PZ Cussons, Clemenger and Legg Mason.

Charles also represents a range of employers in the industry superannuation sector including ISPT, LUCRF, Industry Fund Services and Cbus Property.

Membership

Member of Australian Human Resources Institute

Appointments

Advisory Board - Centre for Employment & Labour Relations Law, University of Melbourne
Chair, Workplace Relations Specialisation Committee, Law Institute of Victoria
Board member, Dental Health Services Victoria
Former Board member, Early Learning Association Australia 

Publications

10 May 2023 - Knowledge

FWC clarifies link between leave and ordinary hours for overtime payments

#Workplace Relations & Safety

A recent Fair Work Commission decision indicates that an employee’s leave does count towards their ordinary hours of work when assessing their entitlement to overtime pay.

22 March 2023 - Knowledge

Binding without ink: Applicability of the ‘employee vs contractor’ test to unwritten agreements

#Workplace Relations & Safety

We revisit a recent decision where the Full Bench of the Fair Work Commission clarified the approach courts should take in determining whether a worker is an employee or contractor in the absence of a written contract.

15 March 2023 - Knowledge

Can employees be required to work additional hours?

#Workplace Relations & Safety

Many employment contracts provide that an employee may be required to work additional hours to perform their job. For years, employers and employees have grappled with the question – when is it reasonable for an employee to work more than their ordinary hours?

07 March 2023 - Knowledge

How will the Secure Jobs, Better Pay Act impact sexual harassment and discrimination in workplace? (Part 4)

#Workplace Relations & Safety

In the fourth part of this series, we examine the changes to the Fair Work Act with respect to sexual harassment and anti-discrimination, and how it impacts employers.

23 January 2023 - Knowledge

Key dates for employers in 2023

#Workplace Relations & Safety

This article provides an overview of the key 2023 commencement dates under recently enacted legislation for employers and human resources and industrial relations practitioners.

07 December 2022 - Knowledge

How will the Secure Jobs, Better Pay Act impact industrial strategy? (Part 3)

#Workplace Relations & Safety

In the third part of this series, we look at the provisions regarding bargaining, enterprise agreements and industrial action, and how changes in the new legislation may impact employer’s industrial relations strategies.

02 December 2022 - Knowledge

How will the Secure Jobs, Better Pay Act impact human resource management? (Part 1)

#Workplace Relations & Safety

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 has made substantial amendments to the Fair Work Act 2009 (Cth). In this first article of a multi-part series, we look at the provisions regarding fixed term contracts and flexible work, and the impact of these on recruitment and hiring processes.

30 November 2022 - Knowledge

How will the Secure Jobs, Better Pay Act impact human resource management? (Part 2)

#Workplace Relations & Safety

As part of our examination and guide to the changes flowing from the Secure Jobs, Better Pay Act, we continue our series with this next instalment on the provisions relating to pay secrecy and job advertisements.

01 November 2022 - Knowledge

Federal Government overhauls IR laws with new Secure Jobs Better Pay Bill

#Workplace Relations & Safety

In what is the broadest set of changes to industrial laws in a decade, the Federal Government has introduced the Secure Jobs Better Pay Bill 2022 to amend the Fair Work Act 2009 (Cth). This article looks at the proposed legislation and the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill passed on 27 October 2022.

20 September 2022 - Knowledge

Dealing with protected employee complaints: General protections update

#Workplace Relations & Safety

Recent rulings of the Federal Court and Federal Circuit and Family Court of Australia have clarified the scope of employee complaints protection under the Fair Work Act and provided more certainty as to how claims in this area will be determined.

06 September 2022 - Knowledge

Employees may still be covered by a modern award despite earning above the high income threshold

#Workplace Relations & Safety

A recent Federal Court ruling is a timely reminder that employees who earn more than the high income threshold (currently $162,000) may still be covered by a modern award. Employers need to ensure they have a valid ‘guarantee of annual earnings’ in effect, before the relevant award will not apply to the employee.

31 August 2022 - Knowledge

‘Not an employee’: Deliveroo overturns FWC ruling that a rider was an employee

#Workplace Relations & Safety

A Deliveroo delivery rider has lost his fight to bring an unfair dismissal claim following a ruling by the Fair Work Commission that he was not an employee.

31 August 2022 - Knowledge

Over-award payments – when will they discharge overtime liability?

#Workplace Relations & Safety

A recent Federal Court ruling is a reminder over-award pay rates cannot be relied upon to satisfy other award payment obligations, unless certain requirements are met. Employers need to ensure appropriate set-off provisions are included in employment agreements.

15 June 2022 - Knowledge

Significant increase to national minimum wage

#Workplace Relations & Safety

The Fair Work Commission handed down its decision in the Annual Wage Review on 15 June, increasing the national minimum wage by 5.2 per cent and modern award minimum wage by 4.6 per cent, subject to a minimum increase for adult award classifications of $40 per week.

01 June 2022 - Knowledge

Workplace relations and safety laws under the new federal government

#Workplace Relations & Safety, #Government

With the Australian Labor Party forming a majority government, employers and employees can expect to see a raft of labour law reforms at the federal level. This article explores some of the most significant proposed changes, including proposals to amend the Fair Work Act to provide greater protections for labour hire, fixed term and casual employees.

09 February 2022 - Knowledge

The primacy of the contract: High Court revises approach to determining independent contracting

#Workplace Relations & Safety

Two landmark decisions handed down today have revised the approach to determine whether a worker is an independent contractor or employee. The Court has upheld the primacy of the terms of the written agreement as the key factor in establishing the legal character of the relationship.

08 December 2021 - Knowledge

FWC ensures employers meet their consultation requirements when implementing mandatory vaccination policies

#Workplace Relations & Safety

In a significant decision regarding workplace mandatory vaccination policies, the Fair Work Commission has found that a mining employer had not met its consultation obligations when introducing a mandatory vaccination policy.

17 November 2021 - Knowledge

How should employers respond to employees who refuse to wear a mask?

#Workplace Relations & Safety, #COVID-19

A recent Fair Work Commission decision confirms that mandatory mask requirements are lawful and reasonable in the context of COVID-19.

Upcoming Seminars

30 May 23

Recent developments in privacy, cyber security and AI | Queensland Government lawyer series 2023

In this webinar, we will look at key developments in these areas, including: recent data breach cases and trends, reviews of Queensland and Commonwealth privacy legislation, the rise of Chat GPT, AI tools, and key risks and cyber security developments.

Register now

31 May 23

IBAC and the Victorian Ombudsman | Victorian Local Government Series 2023

IBAC and the Victorian Ombudsman have investigated a number of complaints in relation to Victorian local councils and produced a series of reports. In this presentation, partner Joseph Monaghan, will provide a basic overview of IBAC and the Victorian Ombudsman, their respective roles and functions under their establishing legislation and an overview of recent IBAC and Ombudsman investigation reports involving local councils.

Register now

05 Jun 23

Emergencies, flooding and legal liability | Victorian Local Government Series 2023

The recent extreme flood events raise a series of legal issues including the liability of local councils for decisions that expose residents and businesses to greater risk from flooding events, and remedial steps to address past decision-making. In this webinar, partner Joseph Monaghan and lawyer Jacob Atkinson will discuss these topics.

Register now

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