Phina Macaulay

Advisory

• employment minimum standards including employee benefits and entitlements under legislation and industrial instruments
• commercial transactions including transfer of business provisions under the Fair Work Act 2009 (Cth)
• change management
• disciplinary and performance management processes
• casual, fixed term and independent contractor arrangements.

Enterprise bargaining and industrial relations

• providing strategic bargaining advice to employers and attended bargaining meetings
• drafting enterprise agreement terms
• advising on industrial action.

Compliance reviews and advice

• providing advice on identification, assessment and quantification of underpayments and remediation, as well as disclosure obligations to the Fair Work Ombudsman and/ or Australian Tax Office
• assisting employers with modern award assessment and mapping for the workforce.

Workplace investigations

• conducting workplace investigations under legal professional privilege
• investigations involving allegations of ongoing and repeated bullying and aggressive behaviour in the workplace, sexual harassment, inappropriate workplace behaviour, and dishonest and inappropriate use of workplace systems.

Litigation and advocacy

• legal representation and advocacy in the Fair Work Commission and Federal and State courts.

Advisory

• general advice on obligations under work health and safety legislation, regulations and codes of practice
• advice on obligations under heavy vehicle national law
• contractor management
• desktop gap analysis with a focus on the management of psychosocial hazards.

Incident response

• notification of incidents
• advice on conducting post incident investigations
• managing the regulator post-incident  
• advice on legal risks and risk mitigation strategies.

Expert engagements

• engaging subject matter experts to provide specialist advice on the management of safety risks and hazards
• network of experts in various areas including heavy vehicles, mechanical engineering, registered psychologists and occupational therapists.

Responding to the regulator

• providing advice and guidance to employers in various industries, including manufacturing and retail and professional services, to respond to and engage with proactive regulator visits
• assisting businesses to respond to regulator requests for information, including coercive notices.

Board and executive briefings

• assisting with the preparation of annual Board briefing papers and briefings on work health and safety matters.

Prosecutions

• providing merits advice and risk analysis to businesses and advice on litigation strategy.