Employment Relations Consultant

Organisation: Australian Catholic University

Job Title: Employment Relations Consultant

Location: Mount St Mary, Strathfield

Essential Criteria
Criteria 1 – Tertiary education in employment/industrial relations, human resource management
or a related field and at least five years of experience specifically in industrial/employment
relations
I have completed tertiary qualifications in law and have a Post-Graduate Diploma in Business
Administration, with a specialisation in Human Resources. In addition, I have extensive work
experience relevant to delivering a full range of employment relations client services to the
business, in a manner that is relevant and responsive to business requirements. I am currently
employed as Senior Industrial Relations (IR) Advisor with the NSW Farmers Association, where I
provide members with advice on staffing and employment practices, awards and wages, legal
compliance, and day-to-day business operations. My previous role, as Workplace Relations Advisor
with the Accommodation Association of Australian provided a similar level and range of industrial
and employment relations support to members.
In my career to date I have extensively provided confidential, consistent and timely advice to
inform business decisions, dealt with strategic and operational HR challenges, managed complex
and detailed grievance and misconduct cases, provided coaching and guidance to managers, and
worked through resistance to change in implementing HR programs and interventions. Overall, I
have six years industrial and employment relations experience, together with legal training and
experience which supports my ability to interpret and advise on legislation, industrial instruments,
enterprise agreement, awards, case law and management, and policy and procedure.
Criteria 2 – Experience in interpreting and advising on employment relations matters by applying
a strong knowledge of policies, procedures, legislation, and case law to complex issues
Throughout my HR career to date I have gained extensive experience in interpreting and advising
on employment relations matters, using knowledge of policies, procedures, legislation and case
law, and my strong ability to analyse large volumes of material. For example, I am currently
supporting a member organisation by providing detailed advice on their obligations as an
employer as they progress a number of redundancies, as part of a reorganisation and restructuring
exercise. I am also providing them with comprehensive guidance on how to proceed in regards to
particular employees, for example where they have identified those who have skills which could
be used elsewhere in the organisation.
Using my strong knowledge of legislation, I prepared an eight page document for the company,
detailing their general obligations relating to redundancy under the Fair Work Act, covering
notification, consultation, the selection criteria used to decide on redundancies, and the relevant
redundancy payments. I included advice on consultation, discussing the changes with affected
employees and their representatives, and also ensuring appropriate transparency in the process.
Once the company had an opportunity to digest the extensive information and advice which I
supplied, I followed up with a teleconference to talk through their options further and discuss any
additional questions or concerns they may have. As a result of my experience interpreting and
advising on complex matters, the company are in a good position to progress redundancies, while
fully complying with their obligations and providing their employees with appropriate information
and support throughout the process.

In addition to such major queries, I daily provide information, coaching and advice by phone, email
and letter on all employee and industrial relations matters, particularly relating to the Fair Work
Act and amendments, Enterprise Agreements, and a range of Policy and Procedural issues.
Criteria 3 – Experience in providing effective employment relations based business solutions that
support strategic and operational outcomes
A key part of my current role is providing members with advice and solutions which support their
business operations, in terms of both strategic and operational outcomes. I provide members with
advice and support on staffing and employment practices, awards and wages, and legal
compliance. For example, in response to a recent request from a member organisation, I prepared
detailed advice on the advantages of the modern Award appropriate to their business, versus their
existing Collective Agreement. The company were considering whether to retain and renegotiate
their EBA, or adapt the terms and conditions under the modern Award. I provided a business
based response which considered strategic and operational outcomes, in terms of which
arrangement would be most financially beneficial, which would offer more long term flexibility,
and also which would entail the least administrative burden to oversee. I made a recommendation
to the company, supported by a detailed comparison of the alternatives, which ultimately
benefited employees in terms of higher wages overall, and benefited the employer through a
reduced administrative burden.
Another area where I support both operational and strategic outcomes is in unfair dismissal
conciliation conferences, where I generally recommend that the employer reach a settlement
through negotiation, and attempt to prevent matters going to court. At an operational level, I
support the employer through negotiating on their behalf to reach a cost effective solution, and
on a strategic level I avoid the potential long term reputation damage which could result from a
court case, and the high costs involved in hiring legal representatives.
I have now carried out approximately ten of these negotiations, and had particular success when
working for the Accommodation Association of Australia, in a case involving a Singapore based
company who had terminated an Australian based hotel employee. The issue was that the
employee had breached company policy, by using a guest vehicle which they had been requested
to park. The employee claimed unfair dismissal and requested 12 week’s pay as compensation.
Working with the company’s Australian based HR Manager, we decided to offer the employee 4
weeks, however the HR Manager could not get this approved by Head Office in Singapore, as they
had less understanding of Australian law, custom and practice in this regard. I therefore
negotiated strongly with the former employee, over the course of several meetings, and finally
reached a mutually agreeable outcome of 2 weeks pay. This supported the operational needs of
the hotel company to settle and resolve the issue at the minimum possible cost, without the
extensive costs and longer term reputation damage potentially resulting from a court case.
Criteria 4 – Experience in effective case management
As outlined in my resume, during my time with the Accommodation Association of Australia, I
independently managed and achieved a successful outcome representing an arbitration case at
the Fair Work Commission. Generally, cases do not go to this level, and I put a great deal of effort
into settling cases at an earlier stage, to save on costs and to prevent reputation damage.

On this occasion, all earlier attempts at reaching agreement failed and, as there was no legal
partner employed by the Association at the time, I drew on my legal background to independently
facilitate and manage the comprehensive arbitration process. The case, ( Gunther and another v B
& C Melouney T/A Easts Riverside Holiday Park- [2012] FWA 2473 – 19 April 2012 ) involved a
former employee who claimed that he had been constructively dismissed, which the employer
contested on the grounds that he was applying performance management and disciplinary
actions, as he did equally with all employees. I provided legal opinion and advice to the client,
preparing all necessary documentation including applications, submissions and opening and
closing statements. I effectively managed this case throughout, and achieved a successful result
for the client, with the unfair dismissal claim being dismissed.
In another case with the Accommodation Association of Australia, I dealt with a complex issue
involving a harassment claim made by an employee against a very senior member of staff. I was
approached by a manager who sought my advice and support on how to deal with the allegation,
made by one of his team members. I worked with the manager, provided comprehensive
information, coaching and advice, and case managed proceedings. During the investigation, we
ensured that all parties concerned were interviewed, and comprehensive records were kept of
proceedings and discussions. We also reviewed the employer’s position, in terms of having taken
all necessary steps in terms of policy, procedure and training provided to prevent harassment.
Throughout the process we used appropriate words and terminology to ensure that guilt was not
implied, and gave the accused party appropriate opportunity to give their version of events.
At the conclusion of my investigation, the senior member of staff acknowledged that he had been
inappropriate and had harassed the other member of staff. In line with company policy, he
received a letter of warning, and no further incidents have been raised involving him.
Criteria 5 – Conflict Resolution Skills
As you will see from the examples outlined above, I have significant skills in conflict resolution
which I use regularly to support employers with bullying and harassment cases, unfair dismissal
claims, and other potentially fraught situations. In a further case from my previous role, as
Workplace Relations Advisor with the Accommodation Association of Australia, I dealt with an
unfair dismissal claim involving a nineteen year old trainee dismissed from a major hotel chain.
The trainee performed wait and bar staff duties, and therefore was responsible for lots of cash
handling. The hotel chain had very strict cash handling policies and procedures in place, which the
trainee violated one Saturday night when some of her friends came into the bar, and she paid for
their drinks from her tips. Management took this issue very seriously, as it amounts to theft under
their cash handling policy, and they terminated her employment. The former trainee claimed
unfair dismissal, which went to an unfair dismissal conference, where both parties presented their
cases and discussed matters. The conciliator took the view that the former trainee was quite
young and inexperienced, and felt that her intent had not been fraudulent, but was rather about
impressing her friends. The conciliator suggested that dismissal may not have been justified in this
case, and a strong warning would have sufficed, however the hotel reiterated company policy and
the need to stick to the principles of the policy, sending a strong message to all staff.
During the ensuing reflection time, when each party has an opportunity to privately discuss and
review the matter, I had a vigorous two hour discussion with the hotel GM. I emphasised the
conciliator’s view, and the possibility of a judge or commissioner taking the same view should the
matter proceed further. Eventually, I was able to resolve the issue, with the GM agreeing to settle

with the former employee, avoiding further debate in the open forum and preventing an
escalation of the issue. I also gained agreement from the GM that their policy would be reviewed,
allowing for some discretion to issue a strong warning instead of instant dismissal, depending on
the circumstances of each individual case. In this example I resolved conflict and prevented the
situation from escalating. I was also able to influence policy to allow some flexibility and
consideration of individual circumstances, and therefore hopefully prevent similar situations. I
encourage team leaders and managers to contact me as soon as they recognise a potentially
difficult situation, so that I can work with them, providing information, coaching and advice to
avert conflict and reach positive outcomes.
Criteria 6 – Strong analytical and problem solving skills
I have used my strong analytical and problem solving skills extensively in both my current and
previous roles. For example, as outlined in my response to criteria three, I recently used my
analytical skills to carry out a detailed comparison of the terms of a modern Award versus a
Collective Agreement. I make regular submissions on behalf of industry, such as providing input on
annual wage review submissions. These take into account labour indexes, the current status of the
industry, for example inbound and outbound travel numbers in tourism, profit margins in the
current economic environment, and similar factors. I analyse this information, and submit a
detailed response to the appropriate body, on behalf of industry. In addition to wage reviews, I
have made submissions on the review of the modern award and the resultant review of industry
awards.
In one of my first HR roles, working for Sharp in Dubai, I was responsible for an extensive project,
carrying out approximately 3000 Hays job evaluations as part of the restructure of a group of
eleven companies. This major piece of work required excellent analytical skills, to produce uniform
job descriptions, plus significant problem solving skills in contributing to the new organisational
structures, and supporting the necessary employee movements and realignments. I further used
my analytical and problem solving skills in Delorenzo where, as the sole HR resource, I designed
and implemented organisational and divisional structures, charts and position descriptions. In
addition, I established many HR systems for the company, including performance measurement,
and I am aware that many of the systems I put in place were still in use and working very
effectively several years later.
Criteria 7 – Strong verbal and written communication skills, including professional report writing
As demonstrated through the various case management and conflict resolution examples which I
have outlined under previous criteria, I have excellent verbal skills including mediation and
negotiation. I also use my communication skills extensively in working with member organisations;
building and maintaining relationships with HR Managers, line managers, accountants, payroll staff
and business owners, in addition to external and regulatory bodies such as Fair Work Australia and
the Ombudsman. I use my verbal skills to provide advice and support face to face, in video
conferences and phone consultations, and also supporting member organisations in difficult
employee discussions such as performance management or disciplinary meetings.
The training and information aspect of my current and previous roles has used both my verbal and
written communication skills, in designing and delivering information sessions, forums and
webinars, newsletters and other member communiqués. I provide advice to members through
emails and letters as appropriate, and use my written skills extensively in preparing submissions

on behalf of member organisations, for example the annual wage review submissions outlined
above. I have significant professional report writing skills which I have used to prepare a broad
range of policies and procedures, including communications plans to support the introduction of
new polices, and the associated templates for forms and letters. I have developed codes of
conduct, and policies on internal and external email (including social media), mobile phones, anti-
discrimination and harassment, confidentiality, complaints handling, discipline and termination,
leave, business travel, expense reimbursement and recruitment. I have also developed position
descriptions, training plans, annual assessments, and a range of appointment templates.
Criteria 8 – Excellent interpersonal and relationship building skills
I have excellent interpersonal and relationship building skills which I have used extensively
throughout my career to date. In my current role, I am part of a team of three IR specialists,
providing services to over 7000 members from all segments of the farming and agriculture
industry. As a small team supporting a large and diverse membership base, we need excellent
relationships and communications to provide a seamless and comprehensive service, assisting
members in the application and implementation of a broad range of employment matters. Within
our team, I work closely with the manager and provide mentoring and support to the IR Advisor.
I have used my interpersonal and relationship building skills to develop and maintain rapport
across a large membership base, and ensure that I identify and meet members’ needs. In response
to new OH&S guidance and information, I organised a forum with representatives from
WorkCover, focussing on musculoskeletal injuries and injury prevention, as the most relevant
aspect for the majority of my membership. Where a member asks for assistance I aim to provide
service over and above their request, anticipating and meeting their needs, for example if a
member needs a template for an employment contract, I will complete the actual contract for
them, or check their final version prior to dispatch.
I have also developed excellent relationships with regulatory bodies, including the Fair Work
Commission and Ombudsman. This is partly due to my working with them to get their information
and requirements out to our membership, supporting good practice and compliance. For example,
in my previous role with the Australian Accommodation Association, the Fair Work Ombudsman
(FWO) advised me in advance of a planned three year campaign relating to underpayments in the
hospitality industry. I proactively commenced awareness building, including webinars and forums
across the major cities, advising HR Managers, payroll and accounts people about the campaign,
the importance of complying, and the key information on keeping their pay rates up to date,
correct timesheet and payslip procedures and so on. I particularly focussed on the smaller
businesses with less payroll and HR resources, and so who needed extra assistance to develop and
maintain good payroll practices. By the time the official FWO campaign commenced, we had high
levels of member awareness and compliance, and limited contraventions. The FWO were
particularly pleased with the level of voluntary compliance and action taken once any issue was
identified and notified, and this further reinforced and developed my good relationship with them.
Criteria 9 – Demonstrated commitment to the specific Mission and Catholic ethos of the
institution, to cultural diversity and ethical practice principles, and demonstrate knowledge of
equal employment opportunity and occupational health and safety, appropriate to the level of
the appointment

My commitment to the specific Mission and Catholic ethos of the University, particularly in
fostering and promoting teaching and learning, research and scholarship, and community
engagement, is demonstrated in a number of ways through both my personal and work
background. I have a very strong interest in teaching and learning, developed through my own
academic experiences and achievements, and reinforced though my earlier work with NSW Young
Lawyers. I volunteer regularly at my son’s school, taking part in fund raising events for charities
such as the Cancer Council and other community organisations, and also participating in event
planning and fund raising for the school itself. Working with the Law Society, I volunteered my
time to arrange events such as the public awareness forums on child abuse, held in Martin Place,
Sydney. As you will see from my resume, during much of 2008 I did voluntary legal work with the
NSW Legal Aid Commission, and with Raftons, a small suburban law firm involved in many family
law legal aid cases. As a law student in India, I worked with street children, organised events and
fund raising initiatives, and also arranged and organised the legal adoption of one of the children.
In terms of cultural diversity, I am personally from a diverse background, have lived and worked in
three different countries with quite different cultures, and have worked with overseas and
international organisations. For example working in Dubai for Sharp Middle East, I was part of a
workforce comprising 55 different nationalities. Working with the hospitality industry and other
organisations in Australia has further advanced and developed my understanding and appreciation
of cultural diversity, and its benefits in the workplace. As both a lawyer and an experienced IR
practitioner, I have an excellent understanding of ethics, and am bound by very strong principles in
this regard. My IR experience has given me knowledge and understanding of equal employment
opportunity, and the need for fairness across all decisions affecting employees, from recruitment
through learning and development, promotion, performance appraisal, pay and conditions, and
also processes such as terminations and redundancies. I have extensive experience in assisting
managers and organisations to ensure that their behaviour is fair and reasonable, and that it is
procedurally correct and perceived as fair and equitable.
I have extensive OH&S knowledge and experience, and my current role in particular provides
significant OH&S support to members, as the farming sector has the highest industry level of
fatalities. I work with members to create and raise awareness among employees, encourage risk
identification and the adoption of appropriate control or mitigation measures, and ensure that
members are fully aware of their obligations. In my previous role, with the Australian
Accommodation Association, I was funded by Workcover to carry out OH&S consultations with
members, working with the industry to create and maintain awareness. A major recent piece of
work has been informing members on changes following the harmonisation of OH&S law in NSW,
and supporting member organisations to adapt to these changes.
Desirable Criteria
Criteria 1 – Train the Trainer qualifications or equivalent
I have significant training skills and experience, and in my current role I design and deliver training
on a weekly basis, through webinars, regional forums and workshops for member organisations.
This is a key part of the role, in creating awareness to prevent litigation and ensuring that our
members are up to date across all aspects of employee and industrial relations. I also prepare and
distribute articles, newsletters, online member alerts and other training materials.

Similarly, in my previous IR roles I disseminated information across internal and external clients,
and worked collaboratively with external training providers to ensure high quality learning and
development outcomes. As Committee Coordinator with the Law Society of NSW and NSW Young
Lawyers, I organised continuing legal education seminars delivering learning, development and
training to over 5000 legal practitioners. In total I was responsible for over 80 seminars, including
one day seminars, evening and lunchtime events, and regional programs. I also organised various
young lawyers’ events and special projects, including the Assemblies, Golden Gavel Public
Speaking competition, and publication launches.
Criteria 2 – An awareness of issues and factors affecting the Australian Higher Education sector
I have gained an awareness of issues and factors affecting the Australian Higher Education sector
via a number of avenues. For example, in the Australian Accommodation Association I worked
with higher education providers and registered training organisations in ensuring that member
organisations had access to appropriately skilled staff. Also, in my role as Committee Coordinator
with the Law Society of NSW and NSW Young Lawyers, I liaised with law schools and participated
in law student careers fairs and events.
This experience, combined with a keen interest in the provision of excellent higher education, has
provided me with insight into issues such as the need for higher education to be a key player in
addressing areas of skills shortage, working with employer groups to provide students with
knowledge and skills in specific areas. Government funding continues to be a major issue; there is
a need for a funding approach which meets and funds the needs of the community, and provides
equitable access to higher education for students from lower socio-economic backgrounds. This
funding would be coupled with ambitious targets, rigorous quality assurance and full
transparency, helping Australia to meet the knowledge and skills challenges that it faces.
As the international education industry is Australia’s third largest export, the quality and
consistency of higher education is an important factor in remaining competitive in this market.
Other current issues and factors are the question of income support for students, improved
regional tertiary education, and building stronger connections between the higher education and
vocational education and training sectors.