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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

29 November 2023 - Knowledge

NSW Government Bulletin: Managing psychosocial hazards in the workplace

#Government, #Workplace Relations & Safety

In this article, we provide a snapshot of the Code and Regulations for managing the risk of psychosocial hazards in the workplace and discuss the steps an employer or PCBU can take to meet their obligations.

24 October 2023 - Knowledge

NSW WHS laws: Easier convictions, higher penalties & corporate culture focus

#Workplace Relations & Safety

The NSW Parliament has passed new amendments to the state’s Work Health and Safety Act that will double the maximum jail time and penalty rates for category 1 offences from 1 July 2024.

03 October 2023 - Knowledge

Court emphasises general safety practices insufficient for WHS Act compliance

#Workplace Relations & Safety

The recent decision in Safework NSW v JBS Australia serves as a timely reminder for employers to identify the health and safety risks associated with their employees’ tasks and to take practicable steps to avoid these risks.

10 August 2023 - Knowledge

Safe Work Australia to propose new laws for notifying psychosocial incidents

#Workplace Relations & Safety

Safe Work Australia is calling for stakeholder feedback on proposed changes to incident notification requirements under the Work Health and Safety Act to capture psychological injuries and psychosocial hazards.

14 June 2023 - Knowledge

The sexual harassment framework: Your guide to recent reforms

#Workplace Relations & Safety

Australia’s sexual harassment framework has been subject to significant law reform over the last two years. This article will outline the major changes, the avenues for dispute resolution and the steps employers should take to comply with their obligations.

31 May 2023 - Knowledge

How employers can prevent costly workplace injuries

#Workplace Relations & Safety

Ensuring a safe and secure work environment is a crucial responsibility for businesses. What can employers do to protect their employees from physical and psychosocial hazards?

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.