Workplace Relations & Safety – Public Sector

Public sector employers rely on us because we are responsive, we understand the political and organisational dimensions of their workplace, provide direct, practical and effective solutions and manage the inherent sensitivities of their work environment.

Our comprehensive knowledge of both employment law and the public sector sees us assisting a range of government entities, including NSW Police Force, RailCorp, RTA, NSW Treasury Corporation, Taronga Conservation Society and the Transport Construction Authority.

Whether it is an industrial relations matter, an employment contract, a discrimination issue, employment disputes or an OH&S issue, we deliver pragmatic and proven advice across all areas of workplace relations.

What the market says

"HDY is regularly selected for its consistency and ease of the relationship. Nothing is a problem. We have an outstanding panel, but it is fair to say that HDY is never complacent about its position amongst the best in that pool."
Michael Antrum, General Counsel, NSW Police Force

"Henry Davis York's Anthony Woods and Vanessa Anderson offer 'sensible, creative and responsive legal services,' and have the added advantage of 'a very good understanding of government.'
Asia Pacific Legal 500

Our expertise covers the full range of employment law and the associated issues that affect public sector clients, including:

• compliance with the Public Sector Employment & Management Act 2002 (NSW)
• agency specific legislation
• contract negotiation 
• discrimination
• disciplinary matters 
• OH&S
• redundancies
• termination of employment
• unfair dismissal
• award and enterprise agreement negotiation and enforcement.

RailCorp - Awards and enterprise agreements

We advised RailCorp on the rationalisation of more than 50 awards and enterprise agreements, and consolidated them into a single document to cover its entire workforce. This one-stop-shop approach significantly simplified RailCorp's award and enterprise agreement obligations.

RTA - OH&S advice

We advised RTA on its potential liability under OH&S laws arising from incidents involving contractors on construction sites managed by RTA. Our advice has clearly drawn lines of responsibility and identified risks to assist RTA in its ongoing contractual arrangements with contractors.

RailCorp - Unfair contract proceedings

We acted for RailCorp in unfair contract proceedings commenced by an independent contactor. We quickly identified a jurisdictional challenge arising from the Federal Independent Contractors Act.

Employment contracts for senior executives

We draft employment contracts for the CEO's and senior executives of state-owned corporations aligning performance obligations with organisational needs.

Removing senior employees

We have advised a public sector employer on meeting its requirements when removing senior employees including submissions to the Minister and on structural changes to protect it from claims of procedural fairness and industrial disputes.

RailCorp - Unfair dismissal

We have appeared for RailCorp in over 20 unfair dismissal cases before the AIRC, and approximately 30 termination and disciplinary appeals before the Transport Appeals Board. Claims included matters where employees had been dismissed for inappropriate behaviour including assault, abuse and sexual harassment.

Sole adviser to the NSW Police Force

Our team is the sole provider of employee management advice to the NSW Police Force. Our advice guides the NSW Police Force to make decisions on disciplinary action.