Partner

Daniel White

Daniel is an experienced lawyer with a strong background in industrial relations, particularly in the resources, rail, construction and maritime/shipping sectors. He has been individually ranked in Chambers Asia-Pacific 2021 as a leading employment lawyer, noted for litigious matters within the maritime, mining and oil and gas industries, and described as 'very, very well versed in industrial and employment matters' who is 'approachable, responsive and experienced'. He is also named as a recommended lawyer in the 2018, 2019 and 2020 Asia Pacific Legal 500 Labour and Employment lawyers category who 'provides practical advice based on a holistic approach' and has a 'broad practice [which] spans advising on enterprise agreements, senior dismissals, and applications before the Fair Work Commission'. In addition, Daniel is named in the 2017, 2018, 2019 and 2020 Doyles Guide list of Leading Employment Lawyers (Employer Representation).

Daniel assists clients on a range of contentious and non-contentious industrial relations, employment and workplace discrimination/harassment issues. He has a particular interest in industrial relations strategy (including enterprise bargaining), union management (dealing with right of entry, industrial action and/or picketing) and employment related matters in a diverse range of industries.

His experience across the full range of industrial relations, employment and workplace discrimination/harassment issues sees him regularly advise and represent corporate clients and government instrumentalities in the Fair Work Commission (including Full Bench), the Federal Circuit Court and Federal Court, State Supreme Courts, State Industrial Relations Commissions, Magistrates Courts and equal opportunity tribunals (including Australian Human Rights Commission).

Daniel holds a bachelors degree in industrial relations (with 1st Class Honours) and a bachelor of laws from the University of Western Australia. He has also completed the degree of Masters of Employment and Labour Relations Law from the University of Melbourne as a commitment to providing leading advice in his field.

Daniel has co-authored a number of articles for leading journals and conferences focused on the topics of enterprise bargaining and managing unions. He is a member of a number of societies and organisations and centrally involved in the ongoing debate of reforming Australia’s industrial relations system.

Expertise

Industrial relations

  • Strategic industrial relations advice (including wholesale workplace culture change programs)
  • Enterprise agreement making (all aspects)
  • Workforce restructuring (including transfer of business issues)
  • Managing unions in the workplace (including complex union coverage issues and dealing with right of entry)
  • Dealing with industrial action (protected and unprotected).

Employment

  • Advising on statutory obligations (including enterprise agreement and Modern Awards)
  • Defending unfair dismissal and general protection (adverse action) claims
  • Preparation of employment contracts and policies and procedures
  • Executive terminations and post-employment restraints

Workplace Discrimination and Harassment 

  • Undertaking legally privileged workplace investigating in relation to allegations of bullying, discrimination and harassment;
  • Providing advice and representation in relation to claims of sexual harassment and discrimination at the workplace (including court and tribunal proceedings);
  • Drafting and reviewing policies and procedures relating to discrimination, harassment and bullying;
  • Advice and representation in relation to discrimination and harassment related adverse actions;
  • Providing advice and representation in relation to claims of sexual harassment and discrimination in the workplace (including Court and Tribunal proceedings).

Recent projects

  • Advising the Board of a port authority on right of entry risks and obligations pertaining to a senior union official who does not currently hold a valid right of entry permit;
  • Representing the largest offshore vessel operator in a watershed strategy to terminate an existing in-term enterprise agreement and implement a replacement agreement, by way of a single ballot to the large offshore workforce;
  • Successfully resisting a protected action ballot order application by maritime unions for one of the largest offshore vessel operators working on the Gorgon project;
  • Advising an ASX-listed mining services provider on complex transfer of business issues relating to the appointment as operation and maintenance contractor for one of Australia’s largest gold mining projects;
  • Advising a global company on the enforcement of post-employment restraints in Western Australia in relation to its global business development manager, which was governed by Connecticut law (USA);
  • Providing advice to an international FPSO operator looking at taking over facility management and operations of a project in the North-West of Western Australia;
  • Successfully acting for a labour hire company in relation to union coverage issues in the Pilbara region of Western Australia;
  • Advising and representing companies in response to both instances of unprotected (unlawful) industrial action and protected (lawful) industrial action.

Professional Memberships / Accreditation & Activities

  • Ranked Lawyer (Band 3), Employment: WA, Chambers Asia-Pacific.
  • Recommended Lawyer, Labour and Employment, The Legal 500 Asia Pacific.
  • Recommended Lawyer, Employment Law (Employer Representation), Doyle’s Guide.
  • Member, Industrial Relations Society of WA.
  • Member, Australian Labour Lawyers Association.

location

Perth

Partner

Samantha Maddern