Murray Procter | Partner | Brisbane

Tel 61 7 3001 9225Mob 0402 967 171Email m.procter@clarkekann.com.au

Murray is recognised as one of Queensland's leading employment, industrial relations and safety lawyers. Operating in the field since 1997, Murray has extensive experience advising leading Australian companies and government departments on industrial relations, workplace health and safety and employment law, including enterprise bargaining, individual engagement methods, anti-discrimination, termination of employment and dealing with ill and injured workers.

He advises on workplace relations legislation in the private and public sectors, as well as employment contracts, privacy, protection of confidential information and restraint of trade. Other areas of expertise include restructuring and transfer of business issues, and executive remuneration.

Murray is a former Board member of Workplace Health and Safety Queensland. He is consistently ranked by the Australian Financial Review's “Best Lawyers”, and by Doyle's Guide to the Australian Legal Profession, as a leading lawyer in the field.

 

Experience

Industrial Relations

  • Fair Work Building Industry Inspectorate (“FWBII”)

    Acting in proceedings for breaches of right of entry, unlawful industrial action, coercion, and adverse action against the CFMEU, officials of the CFMEU and individual workers in relation to periods of unlawful industrial action and "union consultation" meetings.
  • Construction company

    Acting for a construction company and senior managers in defence of a prosecution by FWBII for alleged adverse action and discrimination toward a subcontractor.
  • Newspaper companies

    Acting for a group of newspaper companies in relation to various applications for majority support determinations compelling enterprise bargaining.
  • Marine towage operator

    Providing strategy advice to a marine towage operator for responding to industrial action and other stoppages
  • Coal mine owner and operator

    • Acting in Fair Work Commission proceedings for a coal mine owner and operator in respect of successful cancellation of their enterprise agreement
    • Advising employers on union right of entry laws and dealing with union breaches of right of entry obligations

Employment Law

  • IT product business

    Acting for an IT product business in a damages and restraint of trade claim against a former employee and competitor in the Supreme Court of Queensland
  • Various large employers, government departments and GOCs

    • Acting for numerous employers in defence of adverse action claims, before the Fair Work Commission and the Federal Circuit Court of Australia
    • Acting in defence of unpaid wages claims in the Federal Circuit Court of Australia
    • Advising employers in responding to bullying complaints, both in respect of investigations, and defending claims before the Fair Work Commission
    • Acting in defence of unfair dismissal claims before the Fair Work Commission, at conciliation and at arbitration appearing as advocate
    • Preparing and revising personnel policies and procedures
    • Advising Boards and senior management in relation to removal and dismissal of senior executives and other employees
    • Drafting and revising employment contracts and consultancy agreements
    • Advising in relation to breach of contract claims including in relation to implied terms
    • Advising companies and GOCs about compliance with privacy laws in respect of information gathered and held about employees, customers and members of the public
    • Acting as investigator for, and advising employers in relation to, investigations of fact into allegations of misconduct
    • Advising employers responding to factual investigations into misconduct of employees
    • Advising in relation to legal status of historic and transitional industrial instruments
    • Advising in relation to structures for business ownership divestment having regard to treatment of industrial instruments in transfers of businesses
    • Advising employers on superannuation obligations and ordinary time earnings
    • Acting in defence of a claim for unpaid annual leave in the Federal Circuit Court by a person employed as a casual employee

Workplace Health and Safety

  • Various large employers, government departments and GOCs

    • Advising in responding to critical incidents
    • Advising in responding to investigations by safety regulators
    • Defending employers and individuals in prosecutions of safety law in the Magistrates Court, and the Industrial Magistrates Court
    • Acting in appeals of decisions relating to safety matters in the Industrial Court, and administrative review applications to the Supreme Court of Queensland
    • Conducting a mock trial for a university as part of a safety awareness program for staff
    • Training board members, HR personnel, legal and supervisory staff in WHS duties
    • Reviewing integrated safety management plans for compliance with safety laws and best practice improvement
    • Advising in relation to compliance with safety laws for manufacturers of plant

Articles

People

Partners, Steven Cardell and Paul O’Dea were recently listed in Doyle’s Guide to the Australian Legal Profession - Leading Property and Real Estate Lawyers – Brisbane 2016. To make this list requires feedback from various sources but most importantly our clients. We thank our clients for that valuable input and look forward to assisting in your continued property growth.  VIEW MORE

Expertise

ClarkeKann has received the Australia-Taiwan Business Excellence Award for our efforts promoting and advising on most of the major investments from Taiwan into Australia over the last 20 years. Click below for more details about Foreign InvestmentVIEW MORE

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