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Australian manufacturers operate in a highly competitive environment. The industry has recently faced significant economic challenges and is striving to combat the impact of consolidation and globalisation. The manufacturing industry contributes almost $100 billion to the Australian economy. Employing more than 900 000 people, or 8% of the workforce, it is the fifth largest employer across Australia. These statistics say one thing to us at Macpherson Kelley – a productive manufacturing industry is vital to a thriving Australian economy.

For the viability and future success of the Australian manufacturing industry, manufacturers need to continue to demonstrate world’s best practice across all business elements, and not just the manufacturing principles. The cliché “we live in a Global Environment” is never more relevant than in manufacturing. That’s where a commercial lawyer, who knows the industry, can help. Macpherson Kelley is actively involved with:

• SEMMA (South East Melbourne Manufacturers Alliance)
• North Link Business Networks
• South East Business Networks
• Victorian Manufacturing Hall of Fame
• National Manufacturing Week

Recent Experience

National manufacturing and hospitality business - Alleged breach of contract

Efficient resolution of a claim brought by a key supplier arising from alleged breach of contract. Resulted in the preservation of the parties’ commercial relationship and an improved bargaining position for our client in future supply negotiations

Acquisition by foreign owned subsidiary as part of strategic growth plan

Assisted with two key acquisitions to enhance the manufacturing operations through economy of scales in complimentary industry sector.

Employment, Safety and Migration work on implementation of policy and procedures in manufacturing environment to ensure safety and compliance

That was underpinned by training as well as negotiation of a new EBA with specific productivity gains related to bonuses.

Australian manufacturer - IP Protection

IP developed in business by regulation of trademark and design. Advised in relation to pre-planning and preparation of an IP protection strategy and manufacturing and distribution agreements for a new product prior to launch. Once the product hit the market, it was copied by a competitor. As a result of the protection strategy, without going to Court, we obtained a recall of infringing products, catalogues and on-line sales. We also obtained undertakings from the competitor to deliver up for destruction all items, pay damages on lost sales and pay legal costs.

Australian manufacturer and supplier – Sale of business division

Development of a complex sales agreement for the corrosion preventative and sealing division of the business to an international buyer and an agreement of the use/handover of shared business marketing tools, such as websites.

What our clients say about us

“If you are looking for a firm who really understands business, in particular the needs of manufacturers and subsidiaries, a firm who can provide practical, timely and efficient service tailored to your needs, and someone who really wants to partner with your business, then Macpherson Kelley are the best around.”

Carl Bizon, (former) President and Managing Director – Trimas Corporation Pty Ltd

“With a great knowledge of the law but more importantly how to apply it in a business sense. They [Macpherson Kelley] have a wide range of services and their style and industry knowledge of manufacturers is an asset. We have used them on acquisitions, employment issues, trademarks, training on a wide range of issues and a host of contractual matters.”

Gerry Ryan, Former Managing Director – Jayco Corporation

“I value the free monthly business briefings on human resources and credit matters. The sessions help to keep me and our Managers in touch with legal developments affecting our business, but best of all give practical tips everytime I go”

David Johnson, Financial Director – Mono Pumps (Australia) Pty Ltd

Areas of expertise