Hall Of Fame

Firms To Watch: Labour and employment: workplace health and safety (WHS)

Led by Melbourne-based Gina Capasso partner, KHQ Lawyers handles a broad range of WHS matters, covering workplace incidents, unfair dismissal and regulatory litigation for their clients, which are a blend of domestic, global and multinational companies.

Labour and employment: workplace health and safety (WHS) in Australia

Ashurst

With offices in Melbourne, Sydney, Canberra, Brisbane and Perth, market leader Ashurst boasts a strong national presence which attracts a plethora of blue-chip multinationals, domestic corporates as well as federal and state governments. The team is well versed in conducting workplace investigations, dealing with psychological risks and cases of harassment, bullying and discrimination. The team is home to practice head Lea Constantine, in the Sydney office, who is known for her sound strategic advice along with her work with high-risk events, investigations and inquiries, as well as former prosecutor Scarlet Reid, who has in-depth knowledge of workplace health and safety (WHS) law and advises on prosecutions and safety compliance. James Hall’s health and safety expertise is sought out by major coal companies in Queensland in particular.

Responsables de la pratique:

Lea Constantine


Autres avocats clés:

James Hall; Scarlet Reid; Julia Sutherland; Stephen Woodbury


Les références

‘The team has strength across its practices, with some particularly skilled and experienced practitioners.’

‘They are personable and clear in their advice in a way that provides a high degree of confidence.’

‘Lea Constantine and Julia Sutherland care about the people and the organisations they are working with and are committed to supporting them through what are usually difficult situations.’

Principaux clients

NSW Government


Woolworths Group Limited


Qantas Airways


Anglo American


AGL


Endeavour Energy Network


Commonwealth Government


Lendlease


Port Kembla Coal Terminal


Victorian Government


Alcoa of Australia Limited


Newcrest


Principaux dossiers


  • Advising Western Sydney Local Health District (WSLHD) in relation to two landmark prosecutions brought by SafeWork NSW in the District Court of NSW for failures to minimise the risk of psychosocial harm in the workplace.
  • Acting for Qantas Ground Services in relation to prosecutions commenced by SafeWork NSW following allegations of discriminatory conduct towards a health and safety representative.
  • Advising Anglo American with respect to a fatality that occurred at its Moranbah North mine on 25 March 2022.

Clyde & Co LLP

With offices across Australia and throughout the Asia Pacific region, workplace health and safety authority Clyde & Co LLP has national expertise and global capabilities. The team deals with all manner of general day-to-day workplace disputes, including high-profile and contentious matters involving allegations of sexual harassment, bullying and gender discrimination. Alena Titterton is known for her ability to handle prosecutions and investigations, specialising in anti-terrorism, biosecurity and cybersecurity. Michael Tooma and Kiri Jervis left the firm in November 2023.

Autres avocats clés:

Alena Titterton


Les références

‘Excellent industry knowledge and credibility. Responsive and available. Business-like approach to the work. Provide good updates and progress reports.’

‘Very approachable, available and knowledgeable. Easy to work with. Have great industry credibility and was a very safe pair of hands. Struggle to see how you could engage someone who would give you more confidence and industry knowledge.’

‘A highly professional team that is as much about proactive legal support as it is when an incident has occurred. The tools such as the DDi, Clyde Comply and PIM, (positive investigation methodology) are giving industry real metrics to measure and report positive safety cultures and leadership.’

Clayton Utz

The team at Clayton Utz is highly sought after in the infrastructure, energy, natural resources and construction sectors, among others. The practice is co-headed by Brisbane-based partner Shae McCartney, who assists private and public sector clients with incident response, prosecution management and policy review, along with Dan Trindade in Melbourne, who is well versed in dealing with court prosecution. Another name to note is Hilary Searing, who advises on incident response (including how to deal with police and media after serious incidents), conducts safety investigations and has litigation experience in defending complex matters.

Responsables de la pratique:

Shae McCartney; Dan Trindade


Autres avocats clés:

Hilary Searing


Les références

‘The practice, led by Shae McCartney, is responsive and acts with all due haste. Advice is succinct and precise. Good access to the best Counsel. Use of meeting technology is second-nature to them.’

‘A deep interest in the client and their organisation – and interest in how it can assist to make the organisation better.’

‘The team has such great and knowledgeable staff. It is satisfying to know when there is an issue you can rely on very experienced and specialised staff. They are available at a moment’s notice when something happens and can deal with any area of law.’

Principaux clients

Austal Ships


Major Projects Canberra


Australian Rail Track Corporation


Sunshine Coast University


Suburban Rail Loop Authority


State Governments: Department of Agriculture and Fisheries; Department of Education; Major Projects Canberra


Mineral Resources


Museum of Old and New Art (MONA)


ARTC


Safe Work Australia


Concord Golf


Administrative Appeals Tribunal


The Department of Home Affairs


Australian Federal Police


Comcare


Australian Public Service Commission


The University of Melbourne


University of Sydney


University of Queensland


University of Western Australia


Principaux dossiers


  • Advising Sunshine Coast University regarding an Improvement Notice received by the Workplace Health and Safety Queensland regulator.
  • Providing safety advice for the Suburban Rail Loop Authority, as well as advice, support and training on OHS matters.
  • Advising Fortescue Future Industries on the establishment of a major hazard facility which proposes to produce green hydrogen, through decarbonisation of ammonia.

Corrs Chambers Westgarth

With offices in Melbourne, Sydney, Perth and Brisbane, Corrs Chambers Westgarth has a strong presence across the country. The team’s strengths lie in settling contentious issues and providing advice to clients across a number of key industry sectors, including financial services, retail, government, infrastructure and energy. Practice head John Tuck is known by national businesses, corporate clients and federal governments for his expert handling of investigations, projects and employment strategies. Marie Costa assists with initial advisory work and preventative training, as well as investigatory work and prosecutions. The team has recently welcomed new hires Kirsty Faichen and Giacomo Giorgi from Herbert Smith Freehills.

Responsables de la pratique:

John Tuck


Autres avocats clés:

Marie Costa; Giacomo Giorgi, Kirsty Faichen


Principaux clients

Boeing


Cathay Pacific


Commonwealth Bank of Australia


Glencore


LinkedIn


National Australia Bank


Shell


State of Victoria


Woodside


Principaux dossiers


  • Represented RMIT University in relation to a sensitive general protections matter brought against it in the Federal Court alleging adverse action based on the applicant’s sexual orientation and indigeneity.
  • Advised on Glencore’s legal obligations under work health and safety laws in Queensland and New South Wales.
  • Acting for Network 10, a prominent Australian commercial television network, in Federal Court of Australia proceedings commenced by a reporter.

Herbert Smith Freehills

Fielding skilled practitioners across Melbourne, Perth, Brisbane and Sydney, Herbert Smith Freehills leverages national expertise across a variety of work health and safety matters. The practice is led by Steve Bell, who is highly sought after by clients for advice on employment litigation and risk management. The team is bolstered by Miles Bastick, who is the first point of contact when it comes to high-risk and private employment and safety matters, and by the input of Aaron Anderson, who has 24 years’ experience working in health and safety. Anderson regularly acts for clients in investigations and prosecutions, as does key practitioner Anna Creegan.

Responsables de la pratique:

Steve Bell


Autres avocats clés:

Aaron Anderson; Drew Pearson; Miles Bastick; Anna Creegan; Nerida Jessup


Principaux clients

Coles


South32


Suncorp


Optus (NSW)


Chevron


Leandlease


NSW, Victoria, Queensland and WA State Governments


Ausgrid


Santos


Virgin Australia


Principaux dossiers


  • Working with the Australian Human Rights Commission to develop the Guidelines for the Targeted Recruitment of People with Disability.
  • Advising an ASX-listed employer on an investigation into workplace culture and psychological safety.
  • Representing DuluxGroup in the Fair Work Commission and Federal Court proceedings brought by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).

Kingston Reid

Kingston Reid offers clients a ‘truly national’ practice, with practitioners based across its offices in Sydney, Melbourne, Perth and Brisbane, allowing ‘members from the team to cover all jurisdictions simultaneously’. The team works to help businesses comply with the law, not only by offering training and guidance across workplace health and safety but by putting the systems in place that allow them to do so. Practice head John Makris (Sydney) provides advice to clients within the transport sector, while Michael Stutley (Perth) attracts clients from health and aged care, often representing clients in courts. Erica Elliott (Sydney), who has 15 years of litigation experience, focuses on helping prevent workplace incidents before they occur, as well as responding to them when they do.

Responsables de la pratique:

John Makris


Autres avocats clés:

Michael Stutley; Erica Elliott


Les références

‘Experienced and dedicated.’

‘The team is a truly national one. Members from the team cover all jurisdictions simultaneously, which not only means clients’ needs can be met locally, but also a sharing of skills ensures first-rate service.’

‘They are true professionals and exceptional to work with.’

Principaux clients

CPB Contractors


Downer Group


John Holland Group


BGC Group


NRW Contracting


McConnell Dowell Constructors


Built


UGL Limited


Pacific National


Perenti Global


Mondiale VGL


Opal Aged Care


NSW Government


WesTrac


ORIX


Fortescue Metals Group


St John Ambulance Western Australia


Capricorn Metals


Rehabilitation Injury Management


Goondiwindi Regional Council


Australian Clinical Labs


Canterbury Bankstown City Council (CBCC)


Principaux dossiers


  • Advising Rehabilitation Injury Management on the threatened closure of the business by a regulator.
  • Advising and representing Australian Clinical Laboratories in relation to a sharp increase in regulator interest in the business.
  • Advising and representing the Goondiwindi Regional Council in relation to a prosecution for a breach of the Work Health and Safety Act 2011 (Qld).

Maddocks

The team at Maddocks is well versed in dealing with a variety of workplace health and safety matters, such as bullying, anti-discrimination, unfair dismissals and contract terminations, attracting instructions from governmental bodies and large multinationals. The department's breadth of experience also extends to Federal and High Court representation. Catherine Dunlop is often sought after for her ability to navigate fatality responses and sensitive sexual harassment matters; she co-leads the practice from Melbourne with Bruce Heddle, who has over 35 years of experience working on employment and workplace health and safety matters.

Responsables de la pratique:

Catherine Dunlop; Bruce Heddle


Principaux clients

Commonwealth of Australia – Department of Agriculture, Water and the Environment


Commonwealth of Australia – Director of National Parks


State of Victoria – Department of Health


State of Victoria – Department of Families, Fairness and Housing


State of Victoria – Court Services Victoria


7-Eleven


Fire Rescue Victoria


Built


Victoria Police


Dominos


GenesisCare


Eurobodalla Shire Council


Commonwealth of Australia – Australian Communications and Media Authority


Barwon Water


Afterpay


Commonwealth of Australia – Department of Industry, Science, Energy and Resources


Principaux dossiers


  • Advising some of the largest employers across Victoria and New South Wales on mandatory vaccination requirements.
  • Advising 7-Eleven on WHS matters, including responsibilities, contractor arrangements, mental health and safety incidents around Australia.

Norton Rose Fulbright

The team at Norton Rose Fulbright offers clients assistance across the full life cycle of  workplace health and safety issues, from regulatory and compliance through to crisis response, investigations and prosecutions. Katherine Morris steers the group, which is sought by clients from the renewables and infrastructure sectors for assistance with compliance as well as psychosocial risk management. The deep bench features Martin Osborne, known for his ‘excellent regulatory advice and great knowledge of regulator drivers’, and the ‘attentive and responsive’ Nicki Milionis.

Responsables de la pratique:

Katherine Morris


Autres avocats clés:

Nicki Milionis; Martin Osborne


Les références

‘Excellent regulatory lawyers.’

‘Martin Osborne – excellent regulatory advice and great knowledge of regulator drivers.’

‘The firm’s strength is the knowledge and experience of its people.’

Principaux clients

Acciona Infrastructure Australia Pty Ltd


APA Group


Arrow Energy


Australian Gas Infrastructure Group


Centennial Parklands


Chevron Australia Pty Ltd


Coleman Rail


Commonwealth Department of Science, Industry, Energy and Resources


CWP Renewables


Department of Families, Fairness and Housing


Energy Queensland


Fulton Hogan


Goodman


Hansen Yuncken


Honda Australia


Kyle Road – Developers


Laing O’Rourke Australia Construction Pty Ltd


Lendlease


Logos


Luxxotica (OPSM)


McConnell Dowell Constructors (Aust) Pty Ltd


Mirvac


Office of the Department of Public Prosecutions


RMIT


Schlumberger


Service Stream


Thales


Veolia Environmental Services


Vestas Australian Wind Technology


Windlab


Principaux dossiers


  • Acted for the Victorian Department of Families, Fairness and Housing facing criminal prosecutions under the Occupational Health and Safety Act 2004 (Vic) (OHS Act).

Seyfarth Shaw LLP

Seyfarth Shaw LLP’s clients, which are often multinationals operating in the telecoms, manufacturing, construction, mining and resources sectors, turn to the group for its strong workplace health and safety capabilities. In Sydney, leadership of the practice is shared between Paul Cutrone, who handles policy issues and incident management, and Darren Perry, who manages contract termination disputes, while in Melbourne, practice co-head Penny Stevens routinely attends to matters of client defence and prosecution.

Responsables de la pratique:

Darren Perry; Paul Cutrone; Penny Stevens


Autres avocats clés:

Sarah Goodhew; Nicholas Neil


Les références

‘The team has a deep understanding of legal strategy, breaking up tasks within the team to those who have the best skills to undertake each relevant task. The attention to detail and the manner in which they complement each other’s input is impressive.’

‘Sarah Goodhew is an outstanding partner because she leads the team both strategically and collaboratively. Her legal knowledge is first class, and she ensures that she is on top of all the varying tasks being undertaken in the litigation.’

‘Nicholas Neil has an excellent legal mind with terrific research skills – always finding not only relevant precedents but also academic and parliamentary literature on point.’

Principaux clients

National Roads & Motorists Association (NRMA) Group


Global engineering company


Psychological health and safety in Australia


An Australian mining and engineering company


Principaux dossiers


  • Aided a global engineering company to review the legal standards and frameworks for managing workplace psychosocial risks across 10 jurisdictions globally.
  • Aided in raising awareness and addressing psychosocial hazards unique to various workplaces and industries.
  • Assisting an Australian mining group with the development of its contractor engagement strategy and update of contractor engagement processes.

Allens

The WHS team at Allens handles a breadth of matters, from initial due diligence and safety training through to regulatory investigations and litigation. Simon Dewberry, who specialises in matters of discrimination, harassment and termination of employment, co-leads the practice alongside Samantha Betzien, who arrived from Minter Ellison in 2022. Betzien is well versed in compliance and risk management, as well as investigations and court prosecutions.

Responsables de la pratique:

Samantha Betzien; Simon Dewberry


Les références

‘The practice provides concise and practical legal advice that helps us effectively manage risk and legal compliance in our workplace.’

‘Sam is an exceptional legal advisor who has stewarded our business through some extremely challenging issues. Her support has been invaluable.’

‘WHS advice in a complex multinational business is a challenging beast. The team has been successful in seamlessly integrating with the business’ in-house legal function to provide direct advice to internal stakeholders in a manner which is clear and decipherable – even by clients based in foreign jurisdictions for whom English is a second language.’

Principaux clients

BP


BHP


Wesfarmers


Chevron


Santos


Westpac


Coles


Samsung


Super Retail Group


Principaux dossiers


  • Represented Rio Tinto entities in two prosecutions in respect of safety incidents.
  • Advised various clients, including DuPont, Mirvac and Bank of China, on the management of claims of workplace injuries.
  • Aided various clients, including BAE Systems, Bank of China and DuPont, on the requirement for training on work health and safety duties.

Colin Biggers & Paisley

The WHS team at Colin Biggers & Paisley is highly sought after by companies in the construction, aged and community care, and education sectors, where it is known for advising on employee safety, risk management and managing industrial relations. Greg McCann leads the practice from the Sydney office and leverages his expertise in the mining and local government sectors, while Brisbane-based partner Megan Kavanagh advises on a variety of WHS matters, from bullying and investigations to, more recently, psychosocial hazards within the workplace.

Responsables de la pratique:

Greg McCann


Autres avocats clés:

Megan Kavanagh


Principaux dossiers


  • Assisting a mining client in an investigation conducted by the NSW Resources Regulator following the injury of an experienced mine worker.
  • Advising a diving organisation on police and SafeWork NSW investigations following a serious medical episode experienced by a course participant.
  • Representing a transport client in two separate court appearances responding to alleged breaches of the National Heavy Vehicle Regulation.

King & Wood Mallesons

Known for its ability to juggle regulatory compliance work and litigious matters, King & Wood Mallesons attracts a range of clients from the natural resources, financial services and real estate sectors. The practice is jointly led by Philip Willox, who is a key point of contact for those seeking help with workplace injury and investigations as well as bullying and sexual harassment cases, and Andrew Gray, who assists companies with the development of safety governance systems. Both practitioners have 30 years of experience working on WHS matters. Ruth Rosedale is another name to note; her practice encompasses both contentious and non-contentious health and safety matters.

Responsables de la pratique:

Andrew Gray, Philip Willox


Autres avocats clés:

Ruth Rosedale


Principaux clients

Macquarie Asset Management


Bloomfield Group


BHP


Glencore


Gladstone Ports


Paraway Pastoral


Citigroup


Museum of Queensland


Scentre group


Hanson Construction


Westgold


Principaux dossiers


  • Advised MAM (Macquarie Asset Management) on its approach to WHS governance across its portfolio of assets.
  • Advising on several ongoing safety investigations for clients in the energy and resources, mining, industrials and consumer, agriculture, real estate and construction sectors.
  • Advising a range of clients on their COVID management plans and their return-to-work arrangements, including major employers such as Citigroup.

K&L Gates

With WHS teams based across Australia, K&L Gates offers clients a national service, which attracts domestic corporates and government agencies alike. The practice benefits from the dual leadership of Paul Hardman, whose focus is on the agribusiness and resources sectors, and Stephen Hardy, whose practice has an emphasis on matters in the property and construction industries. The deep bench includes Alanna Fitzpatrick, who ‘can be relied upon for support in time-pressure situations’ and Dominic Fleeton, who is considered ‘the go-to person for WHS advisory in Melbourne’, both of whom are routinely sought out by clients for advice on safety compliance, investigations and court prosecutions.

Responsables de la pratique:

Paul Hardman; Stephen Hardy


Autres avocats clés:

Dominic Fleeton; Alanna Fitzpatrick


Les références

‘Deep knowledge of the practice area with exceptional commercial overlay, which makes service delivery targeted and timely.’

‘Highly approachable, affable and available: nothing is too much trouble.’

‘The WHS team are practical, outcome focused and very responsive. They have an easy manner and are able to help communicate from Board level right through to entry level operational staff in a way that is accessible. Their ability to get to the heart of an issue quickly and identify risks and both immediate and longer-term practical responses makes them an invaluable extension of my team.’

Principaux clients

Ardent Leisure (Dreamworld Employees)


Commercial Passengers Vehicles Victoria


Victorian Government – Department of Education


Victorian Managed Insurance Authority (VMIA)


Principaux dossiers


  • Advising VMIA on a number of WHS-related matters.
  • Defended Onsite Rental Group Operations in a prosecution by the Queensland Work Health and Safety Regulator.
  • Assisted the Master Builders Association of Victoria on compliance with specific aspects of Victoria’s occupational health and safety legislation.

Mills Oakley

A mix of high-profile corporates, private companies and government agencies make up the stellar client base of Mills Oakley, all turning to the group for advice on WHS matters, from initial due diligence work and incident response through to investigations and court appellate trials. Leadership of the practice is shared between six lawyers: in Brisbane, Harold Downes brings 30 years of experience helping clients with safety compliance and incident response, and in Melbourne, Ross Levin’s practice blends health and safety defence with health and safety fraud matters. In the Sydney office, Laura Sowden routinely represents respondents in cases of discrimination, harassment and unfair dismissal before various courts, and Malcolm Davis brings over 20 years of experience advising clients in the construction and agricultural sectors on health and safety. Canberra-based partner William Ward proficiently juggles a range of general protection claims, and Rob Humphreys in Perth advises on workplace incidents and investigations.

Responsables de la pratique:

Harold Downes; Ross Levin; Laura Sowden; William Ward; Malcolm Davis; Rob Humphreys


Principaux clients

Metarock


Visy


Rio Tinto


South32


Worley


Teys Group


Lipman Construction


The Riverside Coal Company


Hitachi Rail


GLNG


Mulpha Group


Cox Automotive Australia


Ramelius Resources


UWA


Janssen-Cilag and Johnson & Johnson


Shamrock Civil Construction Company


Destination Gold Coast Consortium


Palfinger


The Salvation Army


Grill’d


Shadforth Construction


Hastings Deering Australia Ltd


Ausdeck


Principaux dossiers


  • Advising Lipman on a strategy to challenge an Improvement Notice issued by SafeWork NSW to reduce the range of matters for which Lipman could be prosecuted.
  • Advising a global company on a change of the approach taken to the selection, engagement and management of contractors since it commenced operations.
  • Advising a private client on a potential industrial manslaughter offence, which carries a maximum 20 year prison sentence and no option for a fine.

MinterEllison

The team at Minter Ellison works with clients from a range of sectors, from transport to health. Co-led by Deanna McMaster, a specialist in health and safety, and experienced practitioner Trent Forno, the group advises on the gamut of WHS matters. The ‘exceptional’ Harriet Eager handles work in the financial services and higher education sectors, while Craig Boyle assists clients in the agriculture, logistics and mining sectors. Rhian O’Sullivan advises across the private and public sectors and represents clients in various courts and tribunals.

Responsables de la pratique:

Deanna McMaster, Trent Forno


Autres avocats clés:

Craig Boyle; Harriet Eager; Rhian O’Sullivan


Les références

‘Highly responsive to their clients’ needs. The team is timely with communication, collaborative on all aspects of development of case strategy and always professional.’

‘Extremely competent and practical advice in a responsive manner. Great transparency on billing. Pleasure to work with – a diverse team.’

‘Harriet Eager – exceptional – ability to give pragmatic advice, broad industry experience and responsive.’

Principaux clients

Queensland Rail


Brisbane Airport Corporation


Regional Quarries Australia Pty Ltd


Aussie Skips Recycling Pty Ltd


Principaux dossiers


  • Advised Horizon Power on amending and updating its safety policies and procedures to ensure they aligned with the new Work Health and Safety Act 2020 and underlying regulations.
  • Advised and represented Aussie Skips and its officers’ response to a workplace fatality and the associated investigation by SafeWork NSW.
  • Acting for Gold Coast Hospital and Health Service in the external review of improvement notices issued before the Queensland Industrial Relations Commission.

Piper Alderman

Piper Alderman's expertise spans the gamut of WHS matters, from initial legal advice through to defence and prosecution. Under the guidance of practice head Shane Entriken, who leads from Perth, the team educates and advises their predominantly national client base – consisting of boards, employers, officers and regulators – on a range of health and safety matters. The strong bench includes Andrew Jonklaas, who advises on health and safety compliance, particularly within the mining, transport and energy industries, and Lauren Baker, whose practice blends strategic advice with disputes and court litigation services.

Responsables de la pratique:

Shane Entriken


Autres avocats clés:

Andrew Jonklass; Lauren Baker


Les références

‘Each team member at Piper Alderman is exceptional.’

‘Piper Alderman is an excellent firm that gives generously to the community. They provide excellent pro bono service to many charities that need assistance.’

‘Their invaluable assistance extended to every stage, from conceptualization to seamless industry implementation.’

Principaux clients

Australian Health Practitioner Regulation Agency


Principaux dossiers


  • Acts for the Australian Health Practitioner Regulation Agency (AHPRA), which works in partnership with 15 National Boards to ensure the community has access to a safe health workforce.
  • Acts for a private company representing the interests of the daughter of a late mining entrepreneur.
  • Conducting work health and safety due diligence training for directors and officers of organisations on a regular basis.