Post-Law Day #4: Learning Resources

My post-law transition seems to be evolving into something that is more about leading discovery and encouraging learning than about giving advice.

Spent yesterday usefully working on the commercial collective bargaining project. Really enjoyed being able to present WorkAccord’s discovery level webinar on the ACCC’s proposed class exemption for CollectiveBargaining and what it might mean for the recruitment & staffing industry in Australia. Don’t worry if you missed it! Tickets for the recorded presentation will remain on sale to 31 July 2019.

Today I’ll be working on more learning resources. I’m aiming to cover labour hire licensing applications and whistleblowing changes.

I’d love to hear about your preferred learning engagement formats: Webinar? Workshop? YouTube? Video Meeting? Old-School Lecture? Something else? Nothing…?

Actually, no… Nothing would be a problem!

Staying Resolute

Businessman & Newspaper



Post-Law Day #3: Collective Bargaining, Synchronicity & #equityatwork

After an early start this morning to watch the first half of the FIFA Women’s World Cup semi-final match between England and USA – no spoilers please, watching the second half via replay – later I’ll be presenting WorkAccord’s discovery level webinar on the ACCC’s proposal for a Collective Bargaining Class Exemption.

The class exemption will create a safe harbour from competition (anti-trust) laws and will allow small businesses to collectively bargain with their clients and suppliers.

It will also allow contractors and freelancers to collectively bargain with their agencies, clients and gig platforms in pursuit of an agenda similar to the one that seems to be taking shape in NYC according to evidence taken in the course of new initiatives building on the success of New York City’s Freelance Isn’t Free Act.

Now, maybe things do happen for a reason and at their right time. Yesterday, I was invited by Jeremy Scrivens, whose work I’ve observed for some time, to join the  #equityatwork Social Room.

It seemed to be one of those synchronous moments that you hear about occasionally – moments when several things you’re thinking about all align. You’ve got to grab those moments. I’ve said, yes.

So, this afternoon is given over to finding out as much about this fascinating “people first” movement as I can and doing some deep reflection on how it fits with my transition to “post-law”.

Staying resolute

Businessman & Newspaper


Day #2 Post-Law Transition Focus: Collective Bargaining & Conflict Resolution

This morning, I’ll be putting the finishing touches to WorkAccord’s submission in response to the ACCC’s request for feedback on its proposed Class Exemption for Collective Bargaining. Submissions are due by 3 July 2019.

Staffing agencies would do well to have a close look at what the ACCC is proposing. I’m not sure that the $10 million turnover definition of”small business” works for high turn-over, low margin businesses that have significant labour and regulatory costs. There’s a risk of being caught out as the “weak link” in triangular and tiered arrangements – as the target of bargaining groups, but with no protection when dealing with host clients. That’s something I’m hoping to address.

Looking forward to a great webinar with Nina Harding and Peter Adler, put on by Resolution Institute at midday today. The topic:

Working with organisations, building alignments and making plans: A model for mediators to decode, strategise, develop plans and resolve conflict in organisations.

Then, this afternoon – back to collective bargaining, as I prepare my materials for WorkAccord’s webinar tomorrow (July 3) at 11.00am: Commercial Collective Bargaining: Opportunities & Threats.


Staying resolute

Businessman & Newspaper

Post Law Day #1

Day #1 of my transition from life as a legal practitioner. So far not vastly different. Two things are a bit different though:

  • Building a new reading list – focusing on informal justice (Jerold Auerbach, 1981), value network analysis (Verna Allee, 2008), conscious contracting (Linda Alvarez, 2013 ),  nonviolent communication (Marshall Rosenberg, 2015),  structured negotiation (Lainey Feingold, 2016), and plenty more in the J. Kim Wright global integrative law movement (J Kim Wright, Lawyers as Changemakers, 2016).
  • Writing a submission to the ACCC on collective bargaining for small business and independent contractors under the Competition & Consumer Act.

Those two items are related, by the way. Spending time to discover precisely how!

Businessman & Newspaper