Dr Graham Smith
Clayton Utz
Consultant
Melbourne
Overview
Dr Graham Smith is a highly regarded industrial relations and employment law specialist.
He practises in all aspects of workplace relations with extensive experience advising corporations and national organisations on workplace strategies for enhancing workplace productivity and performance, and on the system of Federal industrial regulation. He regularly appears in proceedings before Fair Work Australia and has published numerous articles in the field of industrial relations law.
Graham has over 25 years of experience in public sector and private law advising companies, Commonwealth, State and Territory Departments and statutory agencies in all aspects of workplace relations.
Notable Work
- Major corporations: Graham has acted for many major Australian corporations in relation to enterprise bargaining, workplace strategy, senior contracts of employment, discrimination and occupational health and safety. These corporations have included ExxonMobil, Amcor, Rio Tinto, Laminex, CityWide, ACI and others.
- Universities: Graham has acted for many of Australia's leading universities, including the Group of Eight (in relation to a Full Bench casual conversion claim), Monash University, La Trobe University, ANU, Victoria University and University of Canberra.
- Various Commonwealth Government agencies: Graham has acted for Commonwealth Government agencies such as Centrelink, Department of Defence, Fair Work Ombudsman (he is the national relationship partner with the Workplace Ombudsman), the ABCC, ASIC, ATO and ComCare. This has included
advice on compliance with the National Code of Practice for the construction industry, union right of entry issues, disputes in FWA over the operation of enterprise agreements, prosecutions for breaches of federal industrial instruments and prosecutions for breaches of the BCII Act. - Victorian Government: Graham has advised the Victorian Government over many years including in relation to industrial issues during the Commonwealth Games and assisted in the drafting of the Fair Employment Bill and the Federal Awards (Uniform System) Bill.
- Northern Territory Government: Graham has acted for the Northern Territory Government for nearly 15 years including in relation to enterprise bargaining disputes, Federal Court proceedings in relation to industrial action and drafting of public sector employment legislation.
Insights
Latest Government guidance reaffirms voluntary COVID-19 vaccination policy
23 Feb 2021 | Article
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The Federal Government's omnibus IR reforms legislation: what is in, what is out, and what you need to do now
10 Dec 2020 | Article
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New VPS Enterprise Agreement commences operation today, so time to understand what changes you need to make
9 Oct 2020 | Article
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High Court gives employers some relief by fixing unreasonable view of personal leave accruals
13 Aug 2020 | Article
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Victoria's work restrictions – considerations for all Australian employers
3 Aug 2020 | Article
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Victorian employers' COVID-19 incident notification duties have changed
30 Jul 2020 | Article
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Victoria to mandate face coverings - what does this mean for PCBUs across Australia?
21 Jul 2020 | Article
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Federal Parliament passes legislation meaning JobKeeper payments will soon flow
8 Apr 2020 | Article
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Industrial manslaughter now a crime in Victoria with maximum penalties of $16.5m and 20 years' jail – are you ready?
28 Nov 2019 | Article
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Employee underpayments in focus as Senate establishes wage theft inquiry
15 Nov 2019 | Article
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Hold Your Fire! Anonymous tweeting can breach the APS Code of Conduct and justify termination
8 Aug 2019 | Article
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Your casual workers are not actually casual, says Full Federal Court – so review all casual engagements now!
17 Aug 2018 | Article
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Clayton Utz features prominently on the 2019 Best Lawyers Australia list
13 Apr 2018 | Media Release
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Compulsory Family and Domestic Violence Leave is on the way for Modern Awards
27 Mar 2018 | Article
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High Court gives significant win to employers during enterprise bargaining
6 Dec 2017 | Article
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Termination of the Murdoch Enterprise Agreement and its impact on future bargaining
8 Sep 2017 | Article
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Penalty rate cuts for hospitality and retail sectors – transitional arrangements commence on 1 July
6 Jun 2017 | Article
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Sunday and public holiday penalty rates in modern awards reduced for hospitality and retail sectors
23 Feb 2017 | Article
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High Court overturns controversial Barclay adverse action decision
7 Sep 2012 | Article
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