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 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'. Daniel is also named in the 2017, 2018, 2019 and 2020 Doyles Guide list of Leading Employment Lawyers (Employer Representation).

He brings particular expertise in enterprise bargaining strategy and mitigating risks associated with industrial action, managing union involvement in the workplace and assisting with wholescale workforce culture change programs. Daniel also has particular experience in advising on, and enforcing (including litigating), post-employment restraints in Western Australia.

He is renowned for his innovative approach to industrial relations, first hand knowledge of leading cases and what they practically mean for business and understanding the client’s particular commercial needs in order to accurately inform and drive workplace strategy.

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

  • 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 / Sydney

Partner

Rachael Sutton