mobile:

+61 411 231 243

e-mail:

warren@warrenswain.com.au 

address:

PO Box 9,  ELSTERNWICK  VIC  3185, AUSTRALIA

Based in Melbourne and practising as a Consultant, Warren specialises in Employment Law and Industrial Relations and provides strategic commercial, legal and ER/IR advice and representation to clients.

Warren also assists clients to manage business processes and implement workplace and employment arrangements in a dynamic regulatory environment.

Admitted as lawyer in:

Victoria & WA, Federal Court of Australia, & High Court of Australia

Previous position:

Barrister, Victorian Bar

Areas of specialty:

Strategic industrial relations, enterprise bargaining & dispute resolution
(e.g. good faith bargaining, protected action ballots, adverse action litigation)

Executive Contracts, executive remuneration & corporate policy development

Unfair Dismissal claims, equal opportunity & discrimination

Manager training & development

Workplace investigations

Safety & risk management policy development & implementation

Recent cases involved in:

Mr Zeb Dewson v Boom Logistics Ltd [2012] FWA 9027 (24 October 2012)

Bell and another v Boom Logistics Limited [2013] FWC 81 (14 January 2013)

Boom Logistics Limited v Bell; Mackay [2013] FWC 1017 (20 February 2013)

Master of Business Administration (MBA)

University of Western Australia, 1995

Bachelor of Laws (LLB)

Australian National University, 1986

Bachelor of Arts (Political Science)

Australian National University, 1985

2005 to date

Executive Committee - “Tigers @ Law”
(liaison group with Richmond Football Club)

2004 to date

Member – Industrial Bar Association, Victoria

Negotiation and implementation of Enterprise Agreements (including AWAs, ITEAs, Union & Employee Collective Agreements) and
executive employment contracts

Successful involvement in dispute resolution, including resolving proceedings brought for:

• alleged breaches of Fair Work Act;
• Award interpretation and entitlements;
• unlawful industrial action;
• entitlements on termination of employment – including restraint of trade and Unfair Dismissal claims;
• Fair Work Ombudsman matters; &
• Intellectual Property claims by employees

Supervision of Postgraduate Judicial Service Trainee Lawyers from Germany

Successfully advising employers on risk management strategies to avoid breaches of anti-discrimination legislation

Presenting seminars on executive employee entitlements on termination of employment, enterprise agreement approval and certification processes, and social media/email policies

Advising on strategic and legal process on sale of business, and on termination of franchise and consultancy agreements

  November 2008
  to date...

  Industrial Relations & Employment Law Consultant

• Since introduction of Fair Work Act, I have specialised in advising clients across a range of industries (including building & construction, mining services, electrical and food industry) in terms of strategy and compliance

• Areas of advice have included Award modernisation process, enterprise bargaining, outsourcing and transfers of business, industrial action and secret ballots, contracts of employment, corporate policy and manager training and development

• I have worked closely with ASX-listed company (Boom Logistics Ltd) developing its IR/ER strategy with responsibility for leading enterprise agreement negotiations, and appearing as advocate at Fair Work Commission & Court hearings

September 1996 to
October 2008

Barrister, Victorian Bar

• Advising on and appearing in proceedings, including unfair dismissal arbitrations and conciliations, obtaining orders to stop industrial action in Building and Construction industry, negotiation and certification of workplace agreements

• Advising on changes under Work Choices reforms, including operational requirement and excluded employee issues re termination of employment

• Successfully negotiating employment contracts for executives in Oil and Gas, software development, and publishing industries; in franchise arrangements, and on sale of business in Pastry and Baking industry

Advising and conducting litigation on behalf of -

·         University in defending claims made against it in HREOC for alleged breach of Sex Discrimination Act;

·         Retail industry employer in resisting claims made against it under Section 106 of Industrial Relations Act (NSW), and for alleged breaches of anti-discrimination legislation;

·         Nursing Home in successfully defending a claim by employee alleging discrimination on basis of physical features (over-weight);

·         Law firm in resisting harassment claims made against it by female employee; and

·         clients on proposed amendments to Building and Construction Industry Security of Payment Act 2002 (Vic), software maintenance and supply agreements, and transfer and retention of title clauses

July 1995 to
August 1996

Solicitor
Parry Street Chambers, Perth

Successfully establishing legal practice, specialising in Employment Law and Industrial Relations

July 1993 to
June 1995

Solicitor/Legal Officer
Western Australian Builders Labourers, Painters & Plasterers Union of Workers (formerly BLF)

Responsibility for co-ordinating Industrial Officers and support staff in providing services and advice to Union’s Senior Executive and members

July 1989 to
June 1993

Solicitor/Assistant Manager
Legal Department, General Manager’s Office
Westpac Banking Corporation, Perth

Responsibility for supervision of staff in Retail and Corporate areas of Bank’s Legal Department

December 1987

Admitted as Barrister and Solicitor in Supreme Court of WA

OTHER LANGUAGES:

  Conversational Spanish