Andrew Burnett advises clients in the education, manufacturing, mining and metals, oil and gas, and transport and logistics industries on strategic human resources and industrial relations. With more than 26 years of experience in workplace safety, Andrew has assisted government and private employers on managing legal, commercial and reputational risks associated with employment, occupational health and safety (OHS) and industrial relations issues. A registered Migration Agent (MARN 1174849), he is able to work with inbound companies with the intention of employing Australian and non-Australian workers. Read more about the Migration Agent Information Code of Conduct.

Andrew advises on workplace-related matters including compliance with corporate employment law and negotiation and drafting of employment contracts. With a sound understanding of relevant legislation and regulation, Andrew assists clients in implementing compliance, prevention and risk management strategies to minimise the occurrence and impact of OHS incidents. As an experienced litigator, Andrew regularly appears before major tribunals and courts including Fair Work Australia, the State Administrative Tribunal, district and supreme courts in Western Australia (WA), the Federal Magistrates Court and the Federal Court.

A dedicated contributor to the industry, Andrew is a member of the Industrial Relations Policy Committee of the Chamber of Commerce & Industry Western Australia. He is also a member of The Law Society of Western Australia and a graduate member of the Australian Institute of Company Directors.

Representative Experience

• Conducting investigations and inquiries concerning employment and disciplinary issues for both public and private sector clients. 
• Advising on the strategy and legal compliance issues relating to the major restructuring of a public sector agency when it was abolished and reformed after a merger with other statutory bodies; involved in all aspects of the transfer of employees, contractual entitlements and the issue of arranging a smooth transition.
• Advising two major mining companies in relation to occupational safety and health under the Mines Safety and Inspection Act, and advising on industrial relations strategy in light of Western Australia’s state industrial relations system and the federal system. Also advising on the issue of labour hire versus direct employment, which focuses on the distinctions between contractors and employees.
• Advising the senior executive group at the largest energy company in WA on the effect of mergers and takeovers on employment contracts.
• Advising on dismissal and entitlement claims, union access and industrial bargaining at all levels.
• Providing strategic and tactical support on the Royal Commission into the Building and Construction Industry.
• Conducting complex due diligence on all aspects of industrial relations, employment law and occupational safety and health for a major mining company. Also providing tactical and strategic advice to the company on its industrial relations strategy at completion and in the future.
• Preparing the occupational safety and health section of the Intranet Guide for all employees of a major energy company involving the consideration of laws and regulations for WA, Victoria, Northern Territory and the Commonwealth.
• Providing strategic advice on industrial relations and employment issues to two significant health sector employees in WA.
• Providing support in all employment law, industrial relations and safety aspects of two major due diligence exercises in which international resources companies sought to purchase the business of a Western Australia-based resources company.
• Advising a national retailer on various employment issues including a dispute concerning the redundancy policy and severance benefits payable to managerial employees, termination of employment relating to incapacity as a result of a work-related injury and termination where an employee concealed an injury and workers’ compensation issues arose when seeking employment.
• Providing industrial relations advice to a manufacturer concerning bargaining periods, industrial actions and lockouts in negotiations for an enterprise agreement.
• Providing ongoing advice to the receiver of a publicly listed agricultural company regarding employment issues in New South Wales and WA including strategies to avoid entitlement claims on the sale of branches in New South Wales and WA.
• Drafting complex employment contracts at the senior executive level for both local and international companies.
• Advising two Western Australia-based metropolitan local governments in the context of a serious dispute between the executive officers and the councillors regarding employment contracts, unlawful termination and damages.