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Will Marshall

senior associate, employment, safety and migration

meet Will

about Will

The intensity and fast pace of employment law and industrial relations suit Will. He is driven by his love of industrial relations as well as his love for solving complex legal queries. He delivers advice to his clients in the short time periods frequently required in this area of law.

Will works hand in hand with Human Resources and Industrial Relations advisors within businesses, and understands the need to deliver a solution that is clear, practical and commercial. He develops strong relationships with these clients and the level of trust between is second to none.

Ultimately, Will’s aim is to help his clients’ businesses operate effectively and successfully with minimal disruption from industrial issues wherever possible.

“There’s nothing more satisfying than working tirelessly, hand in hand with a client to further their interests, especially when a decision is handed down in your client’s favour.”

 

 

Areas of Expertise

employment and independent contractor agreements and policies
executive separations
general employment law
general employment litigation
general protections and unfair dismissal claims
industrial relations
terminations

recent experience

 

  • complex period of bargaining for industrial agreement

    Will represented the client, a national representative body, in approval proceedings as they attempted to formalise an enterprise agreement setting minimum working standards for their workforce. Adding to the complexity of this matter, a historical anomaly meant the union technically had coverage over the client’s workforce. And a number of employees had taken advantage of this. A long and ideologically driven battle between the Union and the client ensued. Various issues arose including alleged deficiencies with the voting process and with issuing valid notice of employee representational rights. Despite these difficulties, Will resolved the matter, providing the client with industrial certainty for the foreseeable future.

  • law partner seeking separation

    Will represented a partner of law firm seeking to separate from the firm. The contractual documents in place meant the arrangement created was of extreme complexity. This complexity created issues with the manner of the separation and negotiations were required. Will helped the client navigate through the complex commercial negotiations and finalise the separation, obtaining a great commercial result for the client, who was then able to leave the business on beneficial terms.

  • termination of enterprise agreement for a brighter future

    A client was bringing an application to terminate an enterprise agreement that was opposed by a large union. The termination of the agreement would allow the business to improve its operations and re-establish itself within its market. Will and team drafted submissions and pulled together evidence to be presented to the Fair Work Commission. Adding to the difficulties, the union also filed an objection, which the team needed to overcome. Will and team presented a strong legal argument, which shut down the Union’s objection and they withdrew from the proceedings. For the client, the termination of the agreement meant the period of bargaining the client had undertaken, but was yet to be agreed upon, could now be continued on a more productive footing.