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Team Members

Gemma Sharp

Special Counsel
Gemma brings over 15 years’ experience advising on employment, industrial, discrimination, and health and safety matters.
+61 7 3231 2957
[email protected]
VCard

As a special counsel in the workplace relations and safety team, Gemma brings over 15 years’ experience advising on employment, industrial, discrimination, and health and safety matters.

Gemma advises a range of clients across various industries, including transport, retail, aviation, rail, manufacturing, finance, early childhood and education. She provides guidance on issues such as compliance and duties under workplace health and safety legislation; enterprise bargaining, protected industrial action and bargaining disputes; unlawful discrimination and sexual harassment; the operation of employment contracts and restraint of trade provisions; and independent contractor and employee distinctions.

Gemma also advises on award and enterprise agreement applicability and provisions; dismissal risks and strategies; management of ill and injured employees; workers’ compensation claims; and general protections claims.

Having worked in both private practice and in-house roles, Gemma understands the importance of providing practical, commercial legal solutions.

In addition, Gemma provides legal advice and support to religious organisations on complex church matters, and advises early childhood and educational institutions on education, child safety and privacy issues.

  • Solicitor – Supreme Court of Queensland
  • Juris Doctor of Laws – Bond University
  • Bachelor of Business – RMIT
  • Rising Star in Employment and WHS Law – Doyles Guide 2023

Industrial relations and employment relations

  • Advising about general employment obligations for award and award-free employees to small and large organisations.
  • Providing advice in relation to underpayment claims and award or enterprise agreement disputes.
  • Conducting workplace investigations to investigate claims of bullying, discrimination and sexual harassment.
  • Representing clients in the Fair Work Commission for unfair dismissal and general protections claims.
  • Representing clients in the Fair Work Commission for applications to terminate enterprise agreements and to vary Modern Awards.
  • Drafting complex enterprise agreements and assisting throughout the negotiation process.
  • Drafting employment contracts, policies, enterprise agreements, individual flexibility agreements and relevant deeds.
  • Providing training to organisations and their employees on general employment related matters.

Work health and safety

  • Conducting legal reviews of organisation-wide safety compliance systems.
  • Acting for clients in relation to prosecutions under Work Health and Safety laws and Heavy Vehicle National Law.
  • Advising directors on the obligations for due diligence under safety laws.
  • Supporting clients in managing psychosocial hazards in the workplace.

Education and early childhood

  • Advising regarding Education and Care Service National Law and assisting in incident investigations for child safety matters.
  • Considering and assisting institutions with mandatory reporting obligations in early childhood education.
  • Undertaking workplace investigations & preparing incident investigations reports.
  • Providing advice to education and early childhood organisations regarding privacy law obligations including investigation and assessment of notifiable data breaches.

Religious organisations

  • Conducting investigations in relation to conduct of clergy and resolving disputes within congregations.
  • Establishing and reviewing grievance mechanisms for incorporated and unincorporated congregations.
  • Drafting stipend arrangements for clergy and providing legal advice in relation to call entitlements.
  • Advising on complex legal matters, including equitable property disputes and church structures in manner that is consistent with the Church and its Mission.

Regularly presenting as a guest speaker with The Education Network (TEN). Find Gemma’s TEN lawyer profile here.

Areas of Expertise

Education and training
Compliance and corporate governance
Workplace relations and safety

Publications

Set-off clauses under scrutiny: a major wakeup call for employers

In the landmark decision of Fair Work Ombudsman v Woolworths Group Limited, the Federal Court found that set-off clauses in employment contracts will only validly discharge award entitlements if the payment under the clause occurs within the same period those entitlements are earned.

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One year on: lessons for employers from the Closing Loopholes legislation

A year since many of the changes from the Closing Loopholes legislation came in effect, here are the key takeaways for employers.

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Federal Court delivers historic $90 million fine to Qantas for 1,820 illegal dismissals

Qantas has been ordered to pay the ‘largest fine in Australian industrial relations law history’ for illegally sacking 1,820 of its employees during the COVID-19 pandemic.

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