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Michael Selinger

Partner - Sydney

Areas of Expertise

Workplace Relations & Safety, Royal Commissions & Commissions of Inquiry, Regulatory, Transport, Shipping & Logistics, Government

Contact Michael

+61 2 8083 0430 michael.selinger@holdingredlich.com Connect

Expertise

Michael is a partner in our Sydney office and practices in all areas of workplace relations with a special focus on work health and safety. Michael acts for a diverse range of clients in construction and manufacturing, agribusiness, media, education, professional services, transport and government.

He has been listed in The Best Lawyers in Australia guide for Occupational Health and Safety Law since 2020. Since 2021, he has also been recognised as one of NSW’s leading workplace health and safety lawyers by Doyle’s Guide.

Michael’s expertise includes:

  • appearing in industrial disputes, litigated claims and coronial hearings
  • work health and safety including structuring WHS management systems, agreements, policies and procedures
  • conducting internal workplace investigations and dealing with investigations by regulatory agencies including SafeWork, Department of Immigration, Fair Work Ombudsman and ABCC
  • management of injured workers including workers compensation, personal injury and return to work issues
  • preparing all forms of employment contracts, including executive contracts, protection of confidential information and restraints of trade
  • the development of collective agreements and interpretation of the Fair Work Act 2009 and industrial instruments
  • managing employment issues in a transfer of business and company restructuring including advice in relation to outsourcing, organisational change and redundancy.

Experience

Michael has extensive litigation experience in employment disputes and defending work health and safety prosecutions. Before joining Holding Redlich, Michael’s practice included acting on behalf of SafeWork NSW in prosecuting breaches of the safety legislation. Michael is a regular presenter of seminars and training on workplace issues, in particular on work health and safety.

Publications

03 May 2023 - Knowledge

NSW Government Bulletin

#Government, #Workplace Relations & Safety

Government agencies should take proactive steps to ensure they have in place effective work systems and higher level controls to manage the risk of workplace violence.

27 April 2023 - Knowledge

Standardised Award shutdown provisions from 1 May 2023

#Workplace Relations & Safety

From 1 May 2023, a large number of employers will be prevented from directing an employee to take unpaid leave if they have insufficient annual leave accrued for a shutdown period.

19 January 2023 - Knowledge

NSW Government Bulletin summer edition: Navigating public sector risks and threats

#Government, #Administrative Law, #Intellectual Property, #Workplace Relations & Safety

In this special edition, we explore ways in which the public sector can navigate through some of the risks and threats facing government this year.

12 October 2022 - Knowledge

Managing psychosocial hazards at work: Employer’s guide to the risks you can’t see

#Workplace Relations & Safety

SafeWork Australia has prompted significant reform following the publication of a new model code of practice and amendments to the model work health and safety regulations that are now in force in New South Wales. We analyse what these changes are and what employers need to do to comply.

20 July 2022 - Knowledge

Employer’s ‘inadvertent error’ invalidates enterprise agreement

#Workplace Relations & Safety

The Fair Work Commission has dismissed an employer’s application to approve its enterprise agreement, even though it was voted up by its employees, because it failed to comply with the strict pre-approval requirements under the Fair Work Act.

13 July 2022 - Knowledge

Significant damages awarded to a bullied worker under Fair Work Act

#Workplace Relations & Safety

An employee who filed a claim for debilitating psychological injury at work was awarded substantial compensation under the Fair Work Act, even though she had received payment under the Workers Compensation Act.

28 June 2022 - Knowledge

Limits to relying on a specialist contractor

#Workplace Relations & Safety

A case has demonstrated that if you rely on a specialist contractor to carry out works on your behalf, you still have a responsibility to stop any unsafe work.

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.

09 June 2022 - Knowledge

NSW Government Bulletin

#Government, #Workplace Relations & Safety

Under an updated wage policy announced by the NSW Government, the wages of public sector workers in NSW will be capped at a 3 per cent increase in the next two financial years. In this edition, we take a close look at the increase and how unions are reacting to the news.

08 June 2022 - Knowledge

Sexual harassment under the microscope – importance of reform

#Workplace Relations & Safety

A recent NSW discrimination case has highlighted the importance of reform in the area of sex discrimination and sends a message to employers about the impact of proposed amendments to federal sex discrimination laws.

01 June 2022 - Knowledge

Failure to take safety precautions leaves a business uncovered

#Workplace Relations & Safety

A Supreme Court decision demonstrates that a business can be directly liable to pay damages for negligently failing to take reasonable safety precautions to prevent a workplace incident, even if they have a public liability insurance policy in place.

04 April 2022 - Knowledge

Crane contractor sentenced in workplace fatality

#Workplace Relations & Safety

In the final chapter of the long-running prosecutions arising out of a tragic accident at the University of Canberra Hospital site in 2016, a crane contractor has been fined $300,000 in the ACT Industrial Court.

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.

07 December 2021 - Knowledge

Fair Work Commission’s power to stop sexual harassment commences

#Workplace Relations & Safety

The new Respect@Work legislation gives workers who are sexually harassed at work the right to seek orders from the Fair Work Commission to stop the harassment.

01 December 2021 - Knowledge

Can you challenge an improvement notice?

#Workplace Relations & Safety, #Construction, Infrastructure & Projects

A construction company has successfully appealed against an improvement notice issued by SafeWork NSW because the safety inspector was found not to have a ‘reasonable belief’ that the company’s safety breach would continue.

08 November 2021 - Knowledge

How to safely manage COVID-19 in the workplace

#Workplace Relations & Safety, #COVID-19

As Australia’s vaccination rates increase, businesses must now consider the interaction of unvaccinated individuals in the workplace and what they can do to maintain a safe working environment for all.

01 September 2021 - Knowledge

Can you mandate vaccinations in your workplace?

#Workplace Relations & Safety

In this article, we explore the legal basis for a mandatory vaccination policy and the key legal considerations for employers.

24 August 2021 - Knowledge

When a duck is not a duck: Differentiating contractors from employees

#Workplace Relations & Safety

Following a recent narrow judgment on the meaning of casual employment, the High Court will soon determine two key cases regarding the rules distinguishing contractors from employees.

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

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.

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