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Lisa Aitken a specialist in workplace relations

Sunshine Coast Daily 3rd December 2008

Lisa Aitken is one of only eight lawyers in Queensland to earn the Specialist Accreditation in Workplace Relations through the Queensland Law Society. Photo: Brett WortmanLisa Aitken has always marketed her firm, Aitken Legal, as being specialists in workplace relations law. Now she has the accreditation to prove it.

Ms Aitken is one of only eight lawyers in Queensland to earn the Specialist Accreditation in Workplace Relations through the Queensland Law Society, which came after a punishing round of assessment recently.

“The process involved mock legal proceedings covering a broad range of employment issues and involving both written and oral submissions before the Australian Industrial Relations Commission. There was also a lengthy written exam on all aspect of employment law,” Ms Aitken said.

“It was a pretty gruelling process, but it was wonderful to pass as there was a high failure rate.”

Ms Aitken, whose background features 11 years with Minter Ellison Lawyers in Sydney and Brisbane, said it was time such accreditation was introduced to this state, being commonplace in NSW and Victoria.

“It shows this is an area of the law that is growing and becoming more respected,” she said.

“Workplace relations legislation changes on such a regular basis that it does require a specialist to keep up to date with the laws. You need to be practicing in this area on a daily basis and even then you will be constantly challenged.”

Aitken Legal, which opened in January 2006, is the only firm on the Coast dedicated entirely to workplace relations law and it restricts its clients to employers only.

Ms Aitken said she was fielding a lot of enquiry about business restructure and downsizing in the wake of the economic climate, and employers needing to make positions redundant.

Transmission of business issues were also common with people choosing to sell their business, but she also said she had been inundated with contracts and workplace agreements in the past two weeks and enquiries about moving from AWAs to a collective workplace agreement.

“The economy is not so bad that businesses have stopped still,” she said.

“But there is a large amount of uncertainty as to what an employee’s entitlements are and people are still uncertain as to whether they come within the state or federal jurisdiction, or if their employees are covered by awards.”

Acting Prime Minister Julia Gillard introduced the Fair Work Bill 2008 into parliament last week. It will replace most of the previous Howard government’s controversial Work Choices laws and parts of it (unfair dismissal, workplace bargaining) will come into effect on July 1, 2009.

“On January 1, 2010 the balance of the changes will come in and they include a new set of minimum employment standards,” Ms Aitken said. “It’s incredibly hard for an employer to stay informed, but it is vital that they do. Ignorance is not a defence.”

Ms Aitken, who has another employment lawyer and a graduate lawyer on staff, plans to open an office on the Gold Coast within 12 months and is planning a workplace forum on the Sunshine Coast in the first half of next year, to which she has invited Julia Gillard to speak.

“We are still waiting to hear if the deputy prime minister can fit the forum into her busy schedule,” Ms Aitken said.

“But as the minister for employment and workplace relations, we consider this to be a fantastic opportunity for her to speak to the growing business community on the Sunshine Coast and we hope she accepts our invitation.”

Download the article                                   Read the article at thedaily.com.au                               Photo Brett Wortman 

Golf Day Bags A Slice For Charity

Following the launch of her own practice, Aitken Legal, Lisa made it her business last year to contribute to Mix FM’s Give Me 5 For Kids campaign last year, which raises money for paediatric medical facilities.

Aitken Legal organised the inaugural Sunshine Coast Corporate Charity Golf Challenge at Club Pelican last year which raised more than $25,000 to be put towards a neonatal resuscitation unit for the Sunshine Coast.

This years result was even better.

Sunshine Coast Daily
1st July 2008

Aitken Legal gets behind Mix FM’s annual fundraiser

"Give The Kids Five"

Sunshine Coast Daily

3 June 2008

Leading employment law firm Aitken Legal has launched its annual Sunshine Coast Corporate Charity Golf Challenge with an invitation for businesses and individuals to tee off in support of the fundraising campaign.

Last year’s inaugural golf challenge raised almost $25,000 and, considering the outstanding line-up of prizes and auction items this time, that target should be surpassed.

The headline prize for the event, to be held at Club Pelican on Friday, June 27, is a brand new Ford Focus TDCi from Pacific Ford, which will be on offer for a hole-in-one on one of the designated par threes.

A family holiday on the Gold Coast with unlimited 14-day access to Wet ‘n’ Wild, Movie World and Sea World, a weekend escape in a BMW convertible, a holiday at Kingfisher Bay on Fraser Island, dinners at local restaurants, a corporate golf day for 16 at Club Pelican and other items including sporting memorabilia and paintings will be on offer during the day.

The big auction item will be a marketing package valued at $40,000, to include local radio, television and newspaper advertising, as well as six months’ worth of advertising on the side of five Buslink buses. Principal Lisa Aitken said as well as promising to be a great social event, the golf challenge was a fantastic opportunity for businesses on the Sunshine Coast to give back to the local community.

“Last year was great and this year’s event is set to be even better,” she said.

Register by calling Aitken Legal on 5413 4000 or visit www.aitkenlegal.com.au .

Anyone interested in donating additional prizes or auction items can also contact Aitken Legal.

Download the article here (PDF format)

Successful series of Employment Workshops presented by Aitken Legal

"Workshops offer handy HR update"

Sunshine Coast Daily

8 April 2008

Sometimes you don’t know what you don’t know.

That was one of the reasons Infocus Money management accountant/HR manager Lynette Young signed up to attend each of the eight workshops being presented by Lisa Aitken, managing director of Kawana-based employment law specialists Aitken Legal, during April.

The first, which covered recruiting and understanding employee entitlements, was held on Wednesday morning.

Employment contracts and workplace agreements were the topics of Friday’s presentation, and the remaining six workshops will cover everything from managing poor performance and misconduct to discrimination and workplace bullying, workplace health and safety obligations and legal risks in terminating employment.

Ms Young said the series of workshops, which include a presentation and the opportunity to ask questions, provided a rare opportunity to “get an overview and update” on what was happening in a range of HR areas from an expert in the field who operated on the Coast.

“It’s hard to keep up with all the information. To be able to get it in that format without having to go to Brisbane and sit through an expensive all-day workshop, is excellent,” she said.

After the first session, Ms Young said she would “definitely be looking at a few of our (employment) contracts”, adding she was in the midst of interviewing for a receptionist so the information would be useful in that context.

With regard to recruiting and understanding employee entitlements, Ms Aitken said employers made a number of potentially costly mistakes.

They included:

* Not passing on federal or state wage increases because you haven’t kept up with them

* Paying employees under the incorrect award or jurisdiction

* Paying employees a salary and believing the relevant award no longer applied

* Not having written contracts of employment

* Not maintaining employment records.

Ms Aitken also said employers needed to determine whether their business was bound by a federal or state award, which governed an employee’s minimum entitlements.

She said, generally speaking, the following guidelines applied: Companies and trusts which have a corporate trustee will be under the federal award, and sole traders, partnerships and trusts which don’t have a corporate trustee will come under state awards.

Ms Aitken also said people who were uncertain about their situation could go to the Workplace Authority website (www.workplaceauthority.gov.au) to check details of awards and pay scales.

Download the details of the workshops here. (PDF 3.78 Mb)

Gremlins pull the plug on Aitken Legal Employment Workshops - Nearly

Inside Business

Sunshine Coast Daily

8 April 2008

Download the article here (PDF format)

Lisa Aitken from Aitken Legal reminds business that some changes in
employment legislation are closer than they think

"Workplace Changes Coming"

Gordon Clark - Sunshine Coast Daily Business Section

18 Dember 2007

The federal Labor government has flagged workplace relations, and in particular WorkChoices, as one of its key targets after riding to power on voter dissatisfaction with the former Howard government’s employment legislation.

But what will the implications be for employers, and their staff for that matter?

Leading employment lawyer, Lisa Aitken from Aitken Legal at Lake Kawana, said while legislation to give effect to Labor’s full workplace relations policy, Forward with Fairness, would not take effect until January 1, 2010, some changes were only months away.

Ms Aitken said the Rudd government had already announced it planned to introduce transitional legislation into parliament at its first sitting in February 2008 to amend the present Workplace Relations Act, to commence the abolition of AWAs, define the 10 minimum standards for employment which will override the existing minimum entitlements in the Australian Fair Pay and Conditions Standard and start the award simplification process.

The main points to note at this stage are as follows:

• Existing AWAs will continue to operate for their full terms, but not beyond. However, new AWAs and any other form of statutory individual agreement will not be allowed except as provided for in the transitional legislation.

• Employers who had one or more workers employed under AWAs as at 1 December, 2007, will be able to continue to offer AWAs to new employees. These “new” AWAs will be called Individual Transitional Employment Agreements (ITEAs) and will expire on December 31, 2009. Given that AWAs can have a maximum term of up to five years, and ITEAs must expire by December 2009, it is expected all AWAs will be expired by the end of 2012.

• National Employment Standards are expected to become effective from January 1, 2010 and will replace the present Australian Fair Pay and Conditions Standard.

• The new standards will include 10 provisions covering conditions like hours of work, leave entitlements, notice of termination and a universal standard for severance pay.

The award simplification process to modernise all awards will begin on January 1 next year and will cover the following 10 “allowable matters”: minimum wages, work arrangements, penalty rates, allowances, superannuation, classification of employees, consultation procedures, provision of annualised salaries, leave and overtime.

Ms Aitken said it was still unclear when changes to collective workplace agreements and industrial action would be effected. While only minor changes were proposed, it was expected “union representation, organising and bargaining rights will be enhanced” once they are made.

She also said there would be a number of changes to the unfair dismissals regime, including the expectation the existing exemption for employers with 100 or less employees would be abolished.

Download a copy of the article here. (PDF 2.74 Mb)

Aitken Legal celebrates a successful 2007

"Big year for Top Law Firm"

Sunshine Coast Daily

4 Decmber 2007

For employment law specialists Aitken Legal, the year began with a change of office, and ended with a change of government, which will no doubt mean a lot more work next year...

Download a copy of the article here. (PDF 3.1 Mb)

Aitken Legal feature as one on the winners in the
2007 Sunshine Coast Excellence In Business Awards

"Sunshine Coast's best"

Gordon Clark - Sunshine Coast Daily

6 November 2007

The big winners at Friday night’s Sunshine Coast Excellence in Business Awards might have come from the most diverse range of industries imaginable, but they all had two things in common. They were taken completely by surprise by winning, and they all said they loved what they were doing.

It was a case of first time lucky for both PJ Burns Builders, which won the macro business of the year, and Surrender Dorothy which took out the micro business of the year award.

In the major individual awards, Sea English Academy director Kim Edwards received due recognition for the success and contribution her business has made around the globe, named Outstanding Business Person of the Year, while Louise Hickey from Starshots Glamour Photography at Sunshine Plaza was announced Employee of the Year for the second successive time.

PJ Burns managing director Rick Burns said he believed the company’s level of professionalism and its systems had been acknowledged by the judges.

“In the last couple of years we’ve got really professional about our systems ... we’ve spent a lot of money on getting them to the standard we’re at,” he said.

“We’ve also multi-skilled people so anybody in our organisation could leave for a while and they wouldn’t be missed.

“I’ve never been more confident or happier about where the business is at and where it’s headed.”

The company is on track to build about 120 houses on the Sunshine Coast this year and another 50 in Hervey Bay, with expansion plans well under way into the north side of Brisbane.

At the same time, Mr Burns said it wasn’t a matter of all work and no play.

“All our staff love coming to work ... love doing their jobs. We still try to keep it fun,” he said.

It was also the first time Surrender Dorothy, a hairdressing salon tucked away in Pomona, had been nominated for the Excellence in Business awards.

Owner Louise Starr, named 2006 micro business woman of the year in the Sunshine Coast Business Women’s Network awards, said the win was great recognition for the hairdressing industry.

“Hairdressing really makes a difference in people’s lives ... it makes them feel good about themselves,” she said.

“Every staff member knows that every woman who comes into our salon deserves to be treated like the Queen.”

Each new staff member also has to complete four weeks’ training – even if they are fully qualified – before they can cut a client’s hair.

The company’s list of employees is about to increase significantly with a second salon scheduled to open in Noosa Junction in three weeks.

Despite its location away from the main population centres, not only does Surrender Dorothy attract clients from across the Coast, it also provides full-day “inspirational training courses” for hairdressers from all over south-east Queensland and as far away as Hervey Bay.

After being a finalist in a number of awards, Ms Edwards said she didn’t even recognise her own name when she was announced the Outstanding Business Person of the Year.

“I was very surprised – there were some truly brilliant nominees,” she said.

The win had sunk in by Sunday, however, adding a special significance to the staff’s Christmas party.

She will have little time for further celebration, however, with preparations underway for a trip to Malaysia next week where she will be a keynote speaker at an International Entrepreneurial Association conference for 2500 delegates at the University of Malaysia.

Ms Edwards will also help run the country’s first English teacher training program in Penang.

After being founded with less than $1000 working capital in 2003, Sea English Academy now provides English language courses and teacher training in 20 countries including Afghanistan, the Philippines, Malawi and Mozambique.

Despite the dangers in some of the locations, Ms Edwards said “if I won lotto tomorrow I wouldn’t change anything I’m doing”.

Meanwhile, taking out the Employee of the Year award didn’t get Louise Hickey Saturday morning off.

And if she was surprised by winning the award last year, she was even more shocked a second time.

“I’m a little bit overwhelmed to be honest ... I can’t really get my head around it,” she said.

Formerly from Ireland, Ms Hickey only joined Starshots in 2005.

Due in no small part to her contribution to the business, the Maroochydore outlet is now regarded as the benchmark throughout the 17 Starshots franchises across Australia, with much of her time now spent training staff members from other franchises.

She is also co-ordinating the group’s recently-launched StarStyle on-line magazine, which already has 13,000 subscribers.

Ms Hickey said working at Starshots was her “dream job”.

“There are not too many people who can say they wake up in the morning and love going to work. I would never have had these opportunities in Ireland.”

Download list of Winners and Finalists here. (PDF 2.42 Mb)
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