Alison Spivey

Alison’s experience includes:

EMPLOYMENT ENTITLEMENTS AND COMPLIANCE

• Advising clients, including APS agencies, in relation to alleged underpayments, including engagement with the regulator and remediation
• Assisting the Department of Human Services (Services Australia), the Department of Communications and the Arts, and the Department of Finance with enterprise bargaining (including representation before the Fair Work Commission)
• Advising various APS agencies on machinery of government changes, including the development of section 24(1) determinations
• Advising APS agencies in respect of in the alleged underpayment of superannuation entitlements under the enterprise agreement
• Conducting due diligence reviews for private sector clients, including Peoplebank, in respect of the purchase and sale of businesses
• Advising various State and local government entities on the establishment and dis-establishment of public utilities in South-East Queensland
• Advising Queensland Rail on proposed changes to its employment frameworks

COMPLEX EMPLOYMENT MATTERS

• Advising multiple APS agencies, including the Department of Prime Minister and Cabinet, on managing ill and injured employees
• Advising multiple APS agencies, including the Department of Social Services, on managing underperformance
• Assisting various APS agencies, including the Department of Social Services, with responding to claims under the Safety, Rehabilitation and Compensation Act 1988 and engagement with the regulator
• Advising on the separation of an Agency Head from an APS agency
• Advising on and conducting investigations into alleged employee misconduct for various clients, including suspected breaches of the APS Code of Conduct for APS agencies, including Services Australia, Department of Social Services, Airservices Australia, Australian Taxation Office and Australian Digital Health Agency
• Advising on obligations and conducting investigations under the Public Interest Disclosure Act 2013 for various APS agencies

CHANGE MANAGEMENT AND REDUNDANCY

• Advising various clients, including APS agencies and Mars Australia, on redundancy processes, employee entitlements and associated risks
• Advising multiple clients on the effects of the transfer of business provisions under the Fair Work Act 2009

LITIGATION

• Acting for clients, including numerous APS agencies, including Services Australia, the Department of Health, and the Department of Social Services in the Federal Court of Australia, Federal Circuit and Family Court of Australia, Fair Work Commission and Australian Human Rights Commission in employment and discrimination claims
• Acting for the Fair Work Ombudsman in multiple underpayment claims in the now Federal Circuit and Family Court of Australia
• Acting for the Merit Protection Commissioner in judicial review proceedings under the Administrative Decision (Judicial Review) Act 1977
• Acting for the Department of Employment and Workplace Relations in litigation relating to breaches of the freedom of association provisions under the Workplace Relations Act 2006
• Acting for a witness in the Board of Inquiry into the Criminal Justice System in the Australian Capital Territory
• Acting for Gunns Ltd in a work health and safety prosecution under the Work Health and Safety Act 1995 (Tas)
• Acting for Woolworths in a reasonable notice claim in the County Court of Victoria
• Acting for a mining contractor in a coronial inquest into the death of an employee on a mining site in Queensland