James Daff
Clayton Utz
James is a Special Counsel in Clayton Utz's Workplace Relations, Employment & Safety team in Melbourne. He has experience providing advice in all areas of employment and industrial relations law to various private and public sector clients, including universities, government departments, and major corporations.
James has particular experience advising clients throughout the entire lifecycle of enterprise agreement bargaining and has a broad range of experience acting in complex litigious matters, including discrimination and general protections claims, unfair dismissal proceedings, enterprise agreement disputes and breach proceedings, and judicial review applications.
James prides himself on strong relationships with clients, always focusing on pragmatic solutions that achieve their goals and protect their position without unnecessary complexity.
Monash University: James advises Monash University on a range of matters including matters in the Fair Work Commission, disputes under dispute procedures in enterprise agreements, interpretation of industrial instruments, the review and development of contracts of employment, agreements and policies and procedures, restructuring, transfer of business, discrimination claims, as well as complex international employment arrangements.
University of Newcastle: James has provided University of Newcastle with advice and support regarding drafting and bargaining for the replacement of its professional and academic enterprise agreements in its previous rounds of bargaining. This includes managing threatened industrial action, appearing on behalf of the University before the Fair Work Commission in respect of applications to deal with bargaining disputes and representing the University in relation to complex enterprise agreement disputes.[CU2.1]
Adelaide University: Advising Adelaide University in various aspects of workplace relations matters, including in relation to the merger of the University of South Australia and University of Adelaide and representing the University in relation to complex industrial proceedings.[CU3.1]
ANU: Advising ANU in all aspects of workplace relations and industrial matters, including day-to-day advice on individual employee matters and its successful application to vary its enterprise agreement.
Victoria Police: Assisting in advising Victoria Police in all aspects of workplace relations and industrial matters, including day-to-day advice on individual employee matters, and acting in litigious matters including various unfair dismissal applications in the Fair Work Commission and judicial review applications in the Supreme Court of Victoria.
Red Cross Lifeblood: Seconded to Red Cross Lifeblood, advising on workplace transformation, enterprise bargaining, case management and restructuring. Supporting the bargaining process and implementation of several enterprise agreements, including in relation to the approval of Lifeblood's first national agreement.
Regulatory Boards: James acts for various professional registration boards in relation to disciplinary matters arising from conduct and performance issues.
Department of Education and Training: James represents the DET in relation to complex disability discrimination claims made by or on behalf of students, including in the Federal Court.
Confidential client: Working with a large corporate client that discovered various underpayment issues based on historical practices, including undertaking award interpretation, determining the scope of liability, and advising in relation to disclosure to the Fair Work Ombudsman.