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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

02 April 2024 - Knowledge

First successful SafeWork NSW prosecution for discriminatory conduct under the WHS Act

#Workplace Relations & Safety

The District Court of NSW has convicted and fined a Qantas subsidiary for engaging in discriminatory conduct against a health and safety representative.

12 March 2024 - Knowledge

Whakaari Island eruption: Lessons from the WHS prosecution

#Workplace Relations & Safety

The outcome of the prosecution in New Zealand sends a strong message to all landowners who licence access to tour operators and persons conducting a business or undertaking (PCBUs) that operate tours in high-risk environments.

29 February 2024 - Knowledge

NSW Government Bulletin: Closing Loopholes No. 2 Bill: Second round of changes to workplace law

#Government, #Workplace Relations & Safety

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Closing Loopholes No. 2 Bill), which introduced the second tranche of significant workplace law changes, has come into force this week.

28 February 2024 - Knowledge

Managing unconscious bias in employment decisions

#Workplace Relations & Safety

An employer’s decisions can be influenced by underlying attitudes or stereotypes, known as “unconscious bias”. We look at how that can impact a business and whether it can breach discrimination laws.

21 February 2024 - Knowledge

Update: Industrial manslaughter offences across Australia

#Workplace Relations & Safety

Industrial manslaughter is an offence in almost every Australian state and territory, with only New South Wales and Tasmania being outliers. In this article, we provide an update on the current status of industrial manslaughter offences across Australia.

01 February 2024 - Knowledge

When does an employee’s social media comment cross the line?

#Workplace Relations & Safety

Employers have a right to discipline an employee for misusing social media outside of work. However, it is important to assess whether the conduct is sufficiently connected to the workplace before taking any action.

24 January 2024 - Knowledge

NSW Government Bulletin summer edition: The more things change

#Government, #Data & Privacy, #Property, Planning & Development, #Workplace Relations & Safety

At the beginning of a new year of challenges, we refresh key concepts and skills to arm government lawyers for the year ahead.

13 December 2023 - Knowledge

Staying safe this summer: Steps to avoid workplace risks

#Workplace Relations & Safety

The hotter months bring with them work health and safety risks such as bushfires, extreme heat and solar UV radiation. How can employers avoid these increased risks to employees?

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.

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.