AYK

Andrew
Klein

Principal

Andrew has extensive experience providing high level strategic advice to Commonwealth and State government departments and agencies along with a variety of other national organisations. The advice Andrew provides is across a range of areas including: workplace relations and employment, workplace health and safety, discrimination claims, workers compensation, administrative law and all forms of litigation and dispute resolution.

Experience

  • Providing high level strategic advice to large organisations both government and private sector, on compliance with the obligations and duties imposed by the Work Health and Safety Act 2011 including managing a complex and sensitive defence of the prosecution of one of Australia's largest employers for breaches of the work, health and safety laws.  These proceedings involved all aspects of liaising with the relevant work safety regulator and the associated litigation in the Federal Court.
  • Advising on all aspects of the employment relationship from recruitment, obligations and entitlements during employment, disciplinary proceedings, transfer of business, termination of employment, to post-employment obligations.
  • Advising and representing employers and employees in relation to unfair dismissal, bullying, discrimination and sexual harassment claims.
  • Advising and representing employers and employees in relation to workers compensation claims and disputes.
  • Advising on the interaction between enterprise agreements, transitional awards, modern awards, State reference public sector awards and the National Employment Standards.
  • Advising and training organisations on workplace health and safety obligations. 
  • Regularly engaged to conduct work investigations into allegations of misconduct.
  • Providing litigation and advocacy for national employers in industrial relations, unfair dismissal, adverse action, discrimination and workers compensation proceedings in the ACT Supreme Court, Administrative Appeals Tribunal, the Australian Human Rights Commission, the Federal Circuit Court, the Federal Court and the Fair Work Commission.  This has included mediating a $1.6 million settlement involving the exit of a senior officer from a large organisation. 
  • Advising on termination of employment including summary dismissal, performance related issues and redundancy.
  • Providing strategic advice to boards of government and non-government organisations on a variety of workplace issues.
  • Advising on privacy issues such as the interpretation and application of the Australian Privacy Principles for the Australian Taxation Office in the context of the collection and use of sensitive medical information.

Comcare

Andrew Klein is ideally placed to provide advice on the operation of the Comcare scheme as an expert in Workplace Relations Law and the Commonwealth Work Health and Safety Act. Particularly, Andrew brings extensive experience in litigating and providing high level advice to Comcare and private sector employers in relation to compensation claims made under the SRC Act.

Andrew has acted for Comcare in relation to disputed claims in the Administrative Appeals Tribunal (AAT) and the Federal Court over a number of years (2008 – 2014), including having carriage of number of high profile, sensitive and complex matters. 

Additionally, he has also spent significant periods on secondment with Comcare as a team leader within its Administrative Appeals Litigation team.  During his time on secondment with Comcare, Andrew had overall responsibility for, and managed, a team of officers, each of whom had responsibility for dealing with (in conjunction with external legal services providers) upwards of eighty compensation claims that were the subject of appeals to the AAT.

To read a recent Russell Kennedy Insight on Comcare, including a summary of pros and cons, please click here.

For further information on the implications for businesses Andrew Klein has recorded a recent seminar on the topic Amendment Bill - Is Comcare attractive now? The three short videos can be watched here.

Russell Kennedy currently provides advice to a number of Embassies, High Commissions and Consulates regarding compliance with Australian labour law.

Andrew Klein presents ‘Employment Law in Australia for Embassies, High Commissions and Consulates’ a 7 part short video series. The videos are essential viewing for those officers responsible for managing locally engaged staff with an overview of the primary employment and workplace health and safety related requirements and obligations that are imposed by Australia law. 

Please click here to view the videos.

Leadership

  • Chairperson and board member, Canberra Contemporary Arts Space (CCAS)