We have been acting for clients in the education and training sector for a number of years. Our clients include universities, TAFEs, research institutions, registered training organisations and group training organisations.

Our cross-practice team is able to assist clients in relation to the following areas:

  • employment and industrial relations: agreements and workplace strategies, industrial and common law disputes, termination of employment and redundancies, discrimination, bullying and harassment claims, immigration and visa applications;
  • general commercial: structuring and negotiations of agreement documentation, general contract preparation, confidentiality and non-disclosure agreements and standard terms and conditions, and corporate governance;
  • intellectual property: copyright and trade mark applications, infringements and oppositions, licensing; and
  • property: acquisitions and disposals, building and construction projects, leasing and rates and land tax advice.
  • Advising a Melbourne university for close to 20 years on a number of matters. Recent matters include:
    • providing advice on modern award coverage and the implementation of enterprise agreements under the Fair Work Act 2009 (Cth)
    • providing advice on issues surrounding the performance management of, and termination of employment of, senior executives, academics, teachers and general staff, including providing strategic advice on negotiated exits of employees
    • providing strategic advice on the management of long term injured employees
    • advising on strategies for resolving industrial disputes with the NTEU and right of entry issues and drafting relevant correspondence
    • advising on and reviewing and updating employment contracts for senior executives, academics, teachers and general staff, including performance based contracts
    • providing strategic advice on managing investigations into public interest disclosures made under Whistleblower protection legislation
    • representing the University in Fair Work Australia in relation to general protections claims
    • advising on and assisting with staff and student grievances including engaging investigators under client legal privilege and advising on the investigation report
    • advising on the University’s obligations under the Information Privacy Act 2000 (Vic) and the provision of documents under the Freedom of Information Act 1982 (Vic)
    • advising on Victorian Ombudsman investigations
    • conducting workplace behaviour training to managers and senior managers.
  • Advising another key Melbourne university on a number of employment and workplace relations matters including advising on the use of independent contractors and senior executive employment contracts and the interpretation of the university’s current and past enterprise bargaining agreements.
  • Acting for a subsidiary of a Melbourne university in relation to:
    • providing employment law and migration law advice on agreements for internships in Australia and overseas arrangements
    • drafting an agreement between the entity and the Department of Immigration and Citizenship in respect of internship arrangements
    • complex contractual arrangements in respect of certain licensing and course partnering arrangements
    • licensing and sub licensing of copyright in course material and software licences
    • copyright and trademark issues arising from licensing, joint ventures and partnering arrangements
    • drafting various alliance agreements regarding inbound and outbound internship, home-stay arrangements and various relationship agreements between international universities.
  • Advising a provider of student placement and support services on a range of matters including:
    • coverage and application of modern awards to the business
    • drafting employment agreements that comply with the Fair Work Act 2009 (Cth)
    • the performance management of all levels of employees, including senior employees
    • minimising risks with respect to the termination of employment of senior employees and long-term ill and injured employee
    • the implementation of organisational restructures, including advising on employee redundancy entitlements and redeployment obligations
    • a Fair Work Ombudsman investigation
    • the organisation’s obligations under the new OH&S harmonisation regime, including advising on directors and officers’ liability.
  • Acting for organisations associated with another Melbourne university in relation to:
    • defending allegations made by its former CEO on termination of his employment for matters relating to research grants
    • drafting and negotiation of an enterprise bargaining agreement
    • the departure of numerous senior employees
    • determining the portability of research and grant agreements.
  • Advising and acting for a number of leading group training organisations on a range of matters, including:
    • on the implementation of an enterprise agreement under the Fair Work Act 2009 (Cth)
    • assisting with organisational reviews, including engaging investigators under client legal privilege and advising on the investigation report
    • on obligations under the transfer of business, employees and instrument provisions of the Fair Work Act 2009 (Cth)
    • reviewing and updating employment contracts for all levels of employees
    • unfair dismissal proceedings, one of which resulted in a successful dismissal of the proceeding on jurisdictional grounds
    • preparing and advising on independent contractor agreements
    • drafting and advising on host employer agreements
    • the application of privacy, spam and FOI legislation
    • assisting with the resolution of a discrimination claims
    • the transfer of the group training organisation’s interests in an incorporated and unincorporated joint venture to another group training organisation.
  • Advising another Melbourne university for over ten years in the collection of defaulted student loans, including drafting demands and claims, conducting negotiations, instituting and conducting recovery proceedings and enforcing judgement/securities.
  • Advising and assisting with a leading Melbourne workplace training provider on a range of matters including:
    • the preparation of shareholders agreement
    • drafting senior executive employment agreements
    • domain name disputes and trade mark applications.
  • Advising a commercial arm of a Melbourne university in regard to its obligations under a government grant.
  • Advising and assisting a leading Australian training services provider, in relation to:
    • the acquisition of various businesses and on issues surrounding the private equity investment in the company
    • unfair dismissal proceedings in Fair Work Australia.
  • Acting for an entity that represents universities in respect of the procurement and use of information technology in relation to software licenses from Microsoft to several of Australia’s most prominent universities.