David Burnton, Special Counsel, has over 10 years’ experience as a dedicated employment and industrial relations lawyer.


David Burnton – Special Counsel

Prior to working with Whitehall Workplace Law, David commenced his legal career as a Trainee Solicitor at Mills Oakley Lawyers.  He subsequently moved to Hall & Wilcox, where he was promoted to Senior Associate and enjoyed working closely with clients across Victoria, New South Wales and Queensland.

KEY CREDENTIALS

  • Over 10 years’ experience in employment law and industrial relations.
  • Academic qualifications include a Bachelor of Laws (First Class Honours) and a Bachelor of Arts.
  • Represents clients in both State and Federal Courts and Tribunals (including in the Fair Work Commission).
  • Regular speaker on employment law and industrial relations topics in Melbourne, Sydney and Brisbane.

EXPERIENCE OVERVIEW

David is known for building strong relationships with clients.  His focus is to find pragmatic, yet technically sound, outcomes to complex workplace issues.

David has specific employment law experience with both local and global clients across industries that include logistics, technology, retail, manufacturing, construction and financial services (specifically, working with banks, investment funds and superannuation funds).

David advises employer clients on all matters arising under the Fair Work Act 2009 (Cth).

David has subspecialty expertise advising clients on employee underpayments (including the identification, quantification, rectification and – where appropriate – disclosure to the Fair Work Ombudsman), in addition to compliance with the whistleblower regime in the Corporations Act 2001 (Cth) (including whistleblower policies).

Further information

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Examples of recent experience include:

  • Investigations:  Acting for an employer to investigate allegations against a senior employee of time sheet fraud and sexual harassment.  David conducted interviews, reviewed over 15,000 documents relevant to the allegations, made findings, and drafted an investigation report for the employer’s board to action.
  • Vaccination Mandates:  Advising employers on vaccination mandate obligations, drafting bespoke COVID-19 vaccination policies, and advising on employee and contractor disciplinary action for non-compliance with vaccination policies.
  • Underpayments:  Advising employers on all aspects of underpayments.  David has worked to provide modern award interpretation advice, engage external investigators, rectify past and present impacted employees, advise on client legal privilege, and disclose underpayments to the Fair Work Ombudsman.
  • Employment Litigation:  Acting for employers to defend both general protections claims in the Federal Circuit Court and Family Court and Federal Court, and unfair dismissal claims in the Fair Work Commission.
  • Post-Employment Obligations:  Defending a manufacturing and importation company against urgent interlocutory proceedings lodged against it in the Supreme Court of Victoria for alleged breach of post-employment confidentiality and restraint of trade obligations.
  • Employment Advice:  Advising employers on modern award coverage, restraint enforceability, statutory record keeping obligations, and anti-discrimination legislation.
  • Executive Contracts:  Drafting a template executive employment contract for the CEO and executive team of an Australian superannuation fund. Experience with the APRA Prudential Standard CPS 511 (including remuneration clawback and malus provisions).
  • Policies and Contracts:  Drafting and amending template employment contracts and workplace policies to ensure compliance with Australian employment laws.
  • Restructures:  Advising employers on organisational restructures.  David has provided advice on transfer of business rules in the Fair Work Act, provided advice on modern award consultation obligations, and drafted staff communications, consultation letters, and termination letters.
  • Dismissals:  Advising employers on the dismissal of employees for workplace harassment and bullying.  David has assisted with (and carried out) investigations, and prepared all associated documentation (including letters to witnesses, investigation outcome letters, show cause letters and termination letters).
  • Industrial Action:  Providing industrial relations advice to employers. David’s experience includes “section 418” applications to stop unprotected industrial action, disputing a protected action ballot order, making an application to extend the time required for industrial action, and drafting template letters to employees informing them of deductions to their remuneration due to industrial action.
  • Enterprise Bargaining:  Providing industrial relations advice to employers.  David’s experience includes filing a “section 229” application for a bargaining order that alleged that the union was not bargaining in good faith and filing various “section 424” applications to terminate protected action.

David Burnton – Special Counsel

Prior to working with Whitehall Workplace Law, David commenced his legal career as a Trainee Solicitor at Mills Oakley Lawyers.  He subsequently moved to Hall & Wilcox, where he was promoted to Senior Associate and enjoyed working closely with clients across Victoria, New South Wales and Queensland.

KEY CREDENTIALS

  • Over 10 years’ experience in employment law and industrial relations.
  • Academic qualifications include a Bachelor of Laws (First Class Honours) and a Bachelor of Arts.
  • Represents clients in both State and Federal Courts and Tribunals (including in the Fair Work Commission).
  • Regular speaker on employment law and industrial relations topics in Melbourne, Sydney and Brisbane.

EXPERIENCE OVERVIEW

David is known for building strong relationships with clients.  His focus is to find pragmatic, yet technically sound, outcomes to complex workplace issues.

David has specific employment law experience with both local and global clients across industries that include logistics, technology, retail, manufacturing, construction and financial services (specifically, working with banks, investment funds and superannuation funds).

David advises employer clients on all matters arising under the Fair Work Act 2009 (Cth).

David has subspecialty expertise advising clients on employee underpayments (including the identification, quantification, rectification and – where appropriate – disclosure to the Fair Work Ombudsman), in addition to compliance with the whistleblower regime in the Corporations Act 2001 (Cth) (including whistleblower policies).

Further information

click here to view more

Examples of recent experience include:

  • Investigations:  Acting for an employer to investigate allegations against a senior employee of time sheet fraud and sexual harassment.  David conducted interviews, reviewed over 15,000 documents relevant to the allegations, made findings, and drafted an investigation report for the employer’s board to action.
  • Vaccination Mandates:  Advising employers on vaccination mandate obligations, drafting bespoke COVID-19 vaccination policies, and advising on employee and contractor disciplinary action for non-compliance with vaccination policies.
  • Underpayments:  Advising employers on all aspects of underpayments.  David has worked to provide modern award interpretation advice, engage external investigators, rectify past and present impacted employees, advise on client legal privilege, and disclose underpayments to the Fair Work Ombudsman.
  • Employment Litigation:  Acting for employers to defend both general protections claims in the Federal Circuit Court and Family Court and Federal Court, and unfair dismissal claims in the Fair Work Commission.
  • Post-Employment Obligations:  Defending a manufacturing and importation company against urgent interlocutory proceedings lodged against it in the Supreme Court of Victoria for alleged breach of post-employment confidentiality and restraint of trade obligations.
  • Employment Advice:  Advising employers on modern award coverage, restraint enforceability, statutory record keeping obligations, and anti-discrimination legislation.
  • Executive Contracts:  Drafting a template executive employment contract for the CEO and executive team of an Australian superannuation fund. Experience with the APRA Prudential Standard CPS 511 (including remuneration clawback and malus provisions).
  • Policies and Contracts:  Drafting and amending template employment contracts and workplace policies to ensure compliance with Australian employment laws.
  • Restructures:  Advising employers on organisational restructures.  David has provided advice on transfer of business rules in the Fair Work Act, provided advice on modern award consultation obligations, and drafted staff communications, consultation letters, and termination letters.
  • Dismissals:  Advising employers on the dismissal of employees for workplace harassment and bullying.  David has assisted with (and carried out) investigations, and prepared all associated documentation (including letters to witnesses, investigation outcome letters, show cause letters and termination letters).
  • Industrial Action:  Providing industrial relations advice to employers. David’s experience includes “section 418” applications to stop unprotected industrial action, disputing a protected action ballot order, making an application to extend the time required for industrial action, and drafting template letters to employees informing them of deductions to their remuneration due to industrial action.
  • Enterprise Bargaining:  Providing industrial relations advice to employers.  David’s experience includes filing a “section 229” application for a bargaining order that alleged that the union was not bargaining in good faith and filing various “section 424” applications to terminate protected action.