Ashlee Miller | Associate | Brisbane

  • Employment Industrial Relations & Safety
  • Litigation & Dispute Resolution

 

Tel 61 7 3001 9245Mob 0488 069 221Email a.miller@clarkekann.com.au

Ashlee is an Associate in the Employment, Industrial Relations and Safety Team.

Ashlee has a special interest in employment litigation, and has acted for various employers in a number of courts and tribunals across Australia. This includes the Fair Work Commission (including the Full Bench) for hearings and appeals, the Federal Circuit Court, Federal Court (including the Full Federal Court) for hearings and appeals, the Supreme Courts of New South Wales and Queensland, and the District, Local and Magistrate Courts.

In addition to her interest in litigation, Ashlee has enjoys advising employers on managing conflict and avoiding disputes.

Experience

Industrial Relations

  • Acted for national employer in the Fair Work Commission in applications for scope orders commenced by the CFMEU in an attempt to join employees of a separate legal entity under a proposed new agreement to an existing CFMEU agreement covering over 5000 employees in the black coal mining industry.

  • Acted for and advised employers in the mining and hospitality industries in response to BOOT issues raised by the Fair Work Commission in applications to approve enterprise agreements, including in respect of loaded rates, minimum entitlements under awards and rostering scenarios in the mining and hospitality industries. This included an application before the Full Bench of the Fair Work Commission.

  • Defended disputes raised by the CFMEU in the Fair Work Commission under a disputes settlement procedure clause of an enterprise agreement.

  • Acted for employer in the Federal Circuit Court respect of claim commenced by the CFMEU that an enterprise agreement was not validly approved.

  • Advised national construction company on transferring employees covered by a union agreement to a non-union enterprise agreement.

Employment Law

  • Acted for National Labour Hire employer in Full Federal Court Appeal on the meaning of "casual employee" under the Fair Work Act 2009.

  • Acted for National Franchisor in damages and restraint of trade claim against former senior employee and contractor in Supreme Court NSW.

  • Defended Independent Contractor and Director in proceedings commenced in the Federal Court by International Field Marketing Agency seeking interlocutory injunctions and final relief to enforce restraint of trade and alleged breach of confidence and fiduciary duties.

  • Commenced proceedings against large property developer in the Federal Circuit Court on behalf of independent contractors claiming relationship was really that of employer/employee, seeking damages for unpaid entitlements and contraventions of the Fair Work Act 2009.

  • Defended National Chemist Franchisor in the Fair Work Commission against applications to Stop Bullying made by an employee.

  • Appealed to the Full Bench of the Fair Work Commission for international food company on jurisdiction for employee to bring an adverse action claim outside of the statutory time limit.

  • Defended national employers in unfair dismissal claims commenced by former employees.

  • Acted for global manufacturer in adverse action claim commenced in the Federal Circuit Court by former employee.

  • Defended international research company and its directors against proceedings commenced by the Fair Work Ombudsman for alleged breaches of the Fair Work Act 2009 in the Federal Circuit Court.

Articles

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