Newsletters 06


HIGH COURT HEARS CHALLENGE TO WORK CHOICES

On May 4 2006 the full bench of the High Court began hearing the case by the states and territories, Unions NSW and the Australian Workers Union against the Federal Government’s new labour reforms. The case involved a record number of 39 counsel appearing in the High Court. Lasting for six days, the case focused not on the merits of the new legislation, but rather on whether the Commonwealth has the power to interfere in state industrial relations through its use of the constitutional corporations power under the Constitution. The states argued that the constitution did not support the extension of the corporations power to the regulation of the employer/employee relationship. However, the power has been interpreted in a broad fashion in previous decisions of the High Court. It is anticipated that the High Court will take several months to consider their decision.

 

THE COWRA ABATTOIR DISMISSALS – THE REAL STORY

There have been several media stories since the WorkChoices legislation came into force on 27 March 2006 of employers taking advantage of the new legislation to sack workers. Perhaps the most prominent of those stories has related to an abattoir at Cowra where 29 full time employees were given termination notices on the basis of “operational reasons” shortly after the legislation came into force but were told they could apply for 20 jobs at lower wages.

 

THE LATEST ON WORKCHOICES

There is still considerable uncertainty about when the WorkChoices legislation will come into force and its effect on cases currently before the state industrial commissions. The latest advice is that the legislation is likely to come into force towards the end of March 2006, possibly 28 March. However, the regulations to the legislation have still not been released and the government has not yet stated definitively when the legislation will come into force. Constitutional challenges by the states are due to be heard by the High Court in May.

 


Testimonials



Allied Express has used Rob Stevenson’s services in a long running claim by a former contractor. Rob has impressed me with his calm, efficient manner and knowledge of the detail of the claim and we are happy with his conduct of the matter. He has regularly kept me advised of developments and he has been professional in his approach.

Jeanette Bonaccorso, State Manager
Allied Express Transport Pty Ltd



Rob has provided employment legal advice and assistance to QAIHC and its member organisations and presented QIHFN seminar presentations on workplace legal issues and changes to workplace relations legislation. Rob has a practical and friendly style which has been appreciated and he responded quickly to requests for advice.

Helen Hewett
Director, Fineline Consultancy Pty Ltd




Rob Stevenson has acted for us in the resolution of a discrimination claim in the Federal Magistrates Court. He gave detailed advice about the steps in the legal process, practical issues in the case and our options. He engaged experienced counsel and we worked as a team to successfully resolve the matter without the need for prolonged legal proceedings. I found him to be readily available to speak to and he impressed me as being experienced in employment and discrimination law. We were happy with his work.

Neil McDonald, Company Secretary and Manager – Legal Services
Hamilton Island Resort




Rob Stevenson has been providing advice and assistance to the Employee Council and its members for over 10 years. Rob worked on the Council’s application as an enterprise union and has provided advice to many members over the years in situations ranging from disciplinary action to termination to claims for long service leave payments. He has also given advice to our industrial advisers on difficult legal points. I have always found him easy to contact and talk to and his advice has been practical and helpful to our members and the Council.

Chris Bath, Chief Executive Officer
Suncorp Group Employee Council




Rob Stevenson has helped my company with several employment matters in recent years. These have included resolving a common law employment claim, giving advice about requirements for notice and the return of property on termination of employment as well as workers compensation issues. 


Rob has been prompt in returning my calls and emails and has provided detailed and timely advice which has been of assistance to the business. He doesn’t use too much legal jargon and his advice has been practical and useful. I would have no hesitation in recommending Rob’s expertise to other businesses with similar questions to mine.

Justin Barrett, Director
Barrett Shop Fitting Pty Ltd




Rob Stevenson acted for me in a discrimination complaint against a government department. After approaching the Queensland Public Interest Law Clearing House (QPILCH) for assistance, I consider myself to be very fortunate to have had Rob take up my case and represent me. After Rob accepted my case, I was able to apply for, and secure, limited financial assistance from Legal Aid Queensland.

In dealing with my complaint, Rob went to great lengths to explain with great clarity the entire process as well as my options. Rob put all issues in layman’s terms that were easily understood. I was able to discuss all issues and concerns with Rob, to which he was always able to provide practical and professional advice.

Although having a professional approach, Rob was always extremely easy to talk to. With Rob’s assistance a very satisfactory settlement to my complaint was reached. I was extremely pleased with and grateful for Rob’s representation of my complaint. I would have no hesitation in recommending Rob for legal representation.

Leonie Hartley




Kingston Park Raceway has used Rob Stevenson for our employment law needs for several years. We are a flexible and dynamic workforce that was looking for a platform that satisfied all of our employee needs whilst working a rotating 7 day roster. Rob’s understanding of these needs and ability to work well with our employment requirements has enabled us to produce an easy to understand collective agreement approved by the Australian Industrial Relations Commission covering my workforce.


This has provided a stable industrial environment for the operation of Kingston Park Raceway and allowed the business to work harmoniously whilst still continuing to grow. The demands on employers is sometime overwhelming but Rob has been easy to understand and professional in his approach and we have been very happy with the results achieved.

Terry Skene, Director
Kingston Park Raceway




I have been dealing with Rob Stevenson for several years. I have found him to be a conscientious lawyer who prides himself on giving practical, timely and cost effective advice to his clients in the areas of employment and discrimination law.

Dr Peter Lynch
dci lyncon




Rob Stevenson has helped us to successfully resolve a claim of unfair/unlawful dismissal by a former employee which involved proceedings in the Australian Industrial Relations Commission and the Federal Magistrates Court. Rob was able to explain the legal processes to us in terms we understood. He also advised us about practical issues in the case which greatly assisted us in making decisions.


He engaged excellent counsel and worked with the barrister as a team to ensure our organisation received the best possible outcome. He attended to matters promptly and was readily accessible. As an individual and on behalf of the organisation, I would have no hesitation in recommending his services.

Leisa Fraser, Finance Officer
Goolburri Health Advancement Aboriginal Corporation


 



I have been dealing with Rob for a number of years in relation to workplace issues in my business. He has been generous with his time in discussing the employment issues which have arisen in my business from time to time. He has prepared Australian Workplace Agreements (AWAs) for use in my business which were approved by the Workplace Authority.


He has also helped with advice on post employment restraint issues on several occasions. As an owner of a growing business, I have appreciated his practical advice and assistance and recommend his services in the employment law area.

Paul Davis, Director
Paul Davis Personal Trainers Pty Ltd




Rob Stevenson has helped my company with legal advice, particularly in the employment area, for several years now. He has provided advice about the company’s employment and contracting arrangements and helped with draft contract documents. He has also provided advice and prepared letters for use in the termination of an employee. I operate a busy small business and I have found Rob to be accessible by telephone and he has also visited my office. He has given good, practical advice.

Patricia Newman, Director
Newman Transport Pty Ltd




Rob Stevenson has provided advice to my company about several complex and sensitive employment issues in recent years.  I have found him to be professional and courteous, readily available to talk to and good with providing advice in short timeframes. He has a practical approach and I have appreciated his advice and assistance. I have no difficulty in recommending his services in the employment law area.

Peter Hallahan, Chartered Accountant
Hallahan & Co




My company has used Rob’s law firm on a number of occasions. He has helped me with a commercial claim against one of my company businesses as well as providing assistance and advice to me about responding to a discrimination claim made by a former employee which was able to be resolved. I have been very happy with the service he has provided. His response times have been quick and his advice has been sensible and helpful.

Adam McEvoy, Director
McEvoy Rural Holdings Pty Ltd



This helped the organisation to make decisions about its strategic approach to the case. Rob appeared for TUH at a conciliation conference in the Commission which resulted in a satisfactory resolution of the matter. He was a strong advocate for the organisation and we were happy with his assistance.

Sarah Morris, Chief Financial Officer and Company Secretary
Teachers’ Union Health




My company provides systems safety engineering, assessment and training services to the rail, defence and aerospace industries. Rob has helped my business by reviewing and advising on consultancy contracts with customers, preparing employment agreements for use in the business and assisting me with advice on the legal requirements for managing employee performance.


He has been readily contactable and has provided sensible advice. I am grateful for his advice and I feel it has been invaluable in avoiding many of the pitfalls facing business operators.

Dr Alena Griffiths, Director
System Safety & Quality Engineering Pty Ltd


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