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Alison Baker

Partner

+61 3 9603 3568
alison.baker@hallandwilcox.com.au
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Head of Pro Bono & Community Committee

Current Practice

Alison advises employers on both the litigious and non-litigious application of employment and industrial relations law. Her areas of speciality include privacy law and Fair Work Act compliance.

Alison's current practice includes: 

  • providing stategic advice on compliance with changes introduced by the Fair Work Act 2009 (Cth), including advice on the National Employment Standards and modern awards and assisting employers transistion into the Fair Work system;
  • advising on, and assisting with the bargaining and implementation of, enterprise agreements in accordance with the Fair Work Act 2009 (Cth);
  • drafting and advising on terms and conditions for all levels of employees, including executive service agreements for executive level employees;
  • advising on the use of independent contractor agreements and drafting independent contract agreements ;
  • advising on the restraint and confidentiality obligations of former employees and acting for employers where their former employees have breached their restraint and confidentiality obligations;
  • advising on the transfer of business rules introduced by the Fair Work Act 2009 (Cth);
  • advising on compliance with State and Federal anti-discrimination & equal opportunity legislation, including workplace policy formulation and implementation, and acting for employers in the defence of claims of discrimination, sexual harassment and workplace bullying;
  • advising on the effective performance management and disciplining of employees, including advising on termination of employment strategies; acting in industrial relations litigation including unfair dismissal claims, unlawful termination claims, general protections claims and common law disputes; and
  • conducting workplace training and education on employment issues.
In addition to her employment law practice, Alison provides advice to public and private sector organisations on their obligations under privacy legislation and provides advice on FOI and Whistleblower Protection legislation to public sector organisations.  ​

Experience

Alison advises a broad cross-section of small and large public and private clients, including universities, large corporate entities, statutory corporations and small-to-medium enterprises.

Recent matters that Alison has provided advice on include:

  • providing strategic assistance to clients from a wide range of industries, including the industries of banking, finance and insurance, manufacturing, tertiary education, retail, storage and distribution, ports authorities, agribusiness, information technology, horticultural and transport, with regard to compliance with the Fair Work Act 2009 (Cth) through the transition from the old award system to the modern award system, including advising on options available such as individual flexibility arrangements, annualised salary clauses, guarantees of annual earnings and enterprise agreements;
  • preparing and implementing enterprise agreements in accordance with the Fair Work Act 2009 (Cth) for clients in a range of industries, including horticultural, transport, consumer research, education and retail; 
  • preparation of terms and conditions of employment for all levels of employees, including common law contracts, and representing employers in negotiations of terms and conditions of employment;
  • advising clients on the process to adopt to minimise their legal exposure when terminating the employment of employees, including the termination of senior executives, the termination of employees for poor performance, the termination of employees for misconduct and the termination of employees on long-term absences due to illness or injury;
  • acting for various clients in Fair Work Australia and in the Australian Industrial Relations Commission in relation to unfair and unlawful termination claims;
  • acting for a university in the Australian Industrial Relations Commission with regard to a redundancy dispute brought by two senior academics;
  • acting for a statutory corporation in the Australian Industrial Relations Commission and a manufacturing company in Fair Work Australia with regard to union disputes; and
  • advising on the employment aspects of a number of medium and large commercial transactions, including in a transaction involving the sale of shares in a national retail franchise.

Qualifications

Alison has a Bachelor of Behavioural Science and a Bachelor of Laws (Hons) from LaTrobe University. She became a partner in 2009.

Alison is a member of the Law Institute of Victoria and the Australian Business Women’s Network.

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