Senior Lawyer - Employment Law
Commission Counsel
With ASIC you are choosing to be a part of a collegiate and stimulating organisation that's transforming Australia's financial system.
Be the change that ensures a fair, strong and efficient financial system for the benefit of all Australians.
- ASIC is seeking a Senior Lawyer – Employment Law to join their Commission Counsel Team
- Full-time or part-time option available to suit your availability
- Permanent position based in Sydney, Brisbane, Melbourne Hobart, Adelaide or Perth
- Salary starting from $129,540 (plus 15.4% superannuation) depending on experience
A future with ASIC means that your work will contribute to ASIC's vision for a fair, strong and efficient financial system for all Australians. We value what you will bring. We value those with sharp, analytical minds and are open to challenging the way things are done.
The team
ASIC's Legal Services Group is responsible for a wide range of legal matters within ASIC including providing advice and oversight in respect of major cases being conducted by ASIC, providing advice on complex or novel regulatory matters, and compliance with ASIC's statutory obligations.
Within the Legal Services Group, the Commission Counsel Team is responsible for advising the Commission and ASIC's operational teams about legislation and policies that apply to ASIC's governance, functions and operations including the Australian Securities and Investments Commission Act 2001, the Fair Work Act 2009 and the Public Governance, Performance & Accountability Act 2013. The Commission Counsel Team is responsible for the defence of legal claims against ASIC and providing legal advice on a range of issues including employment law matters, complex procurements, delegations, parliamentary committees and arrangements with other regulators and agencies.
The role
- Providing expert advice and strategic guidance on employment law compliance and employment related matters ranging from recruitment through to termination (including for example misconduct, grievances, discrimination, harassment, bullying, performance management, personal illness, and workers' compensation claims).
- Providing legal advice to support People and Development with complex case management on contentious and non-contentious matters, employment related policy and procedures, conditions of employment, executive employment contracts, enterprise agreement bargaining and employment law interpretation.
- Developing ASIC's employment law instruments of delegations and authorisations and related procedures (including work health and safety), ensuring risk management of employment issues and compliance (including under legislation and requirements under ASIC's Enterprise Agreement).
- Supporting bargaining and negotiations on ASIC's behalf in connection with ASIC's Enterprise Agreement.
- Providing legal advice to the Commission and senior management of ASIC on a broad range of matters affecting the governance and operations of ASIC.
- Playing a key role in the management of matters and response to claims and litigation against ASIC, including for example: in the Fair Work Commission, anti-discrimination bodies/tribunals and the Administrative Appeals Tribunal and liaising with ASIC's insurers, Comcover and Comcare.
- Providing legal advice and assisting in the management of ASIC's compliance with the Public Interest Disclosure Act 2013.
- Overseeing the provision of external legal advice, and project management of casework, including collaboration with and mentoring of more junior team members.
- Assessing legislative changes and other developing and novel issues relevant to the operations and governance of ASIC.
- Advising on internal policies, inter agency agreements and information-sharing arrangements.
- Maintaining awareness and knowledge of employment law, developments, and trends relevant to employee relations.
About you
- Legal qualifications to undertake this role, with considerable post-admission experience.
- Experience as a senior lawyer, which may have been gained in a government department, government agency or a legal firm specialising in corporate or commercial law (with specialisation and experience in employment law).
- Demonstrated deep knowledge and experience in interpreting, advising, applying employment legislation and applicable industrial instruments, and managing associated risks.
- Demonstrated experience managing a range of complex and sensitive employee relations matters (including for example grievances, workplace investigations, disputes / appeals, complex employee wellness matters, and worker illness and injury).
- Demonstrated experience in the Fair Work Commission, Australian Human Rights Commission, Federal and State Courts.
- A strong understanding of the legislation, policies, and administration of ASIC's governance, including the Fair Work Act, PGPA Act and ASIC Act, and a sound understanding of administrative law principles.
- Applying your legal expertise for legal and non-legal outputs, including the preparation of a range of communications, maintaining resources and designing training tools and materials.
- Excellent writing skills, including the demonstrated ability to draft complex legal advice, reports, employment contracts, policy documents and instruments.
- Demonstrated ability to lead and work with internal and external stakeholders at all levels within the organisation.
About ASIC
ASIC's remit is one of the broadest of regulators across the world.
ASIC regulates corporations, markets, financial services and consumer credit and monitors and promotes market integrity and consumer protection in the Australian financial system.
Through our enforcement work, we hold to account those who contravene the law, working to achieve strong outcomes that address the greatest consumer and investor harms.
Through Moneysmart, we aim to improve the skills and knowledge of Australians and provide information and tools to help them in their decision making.
A future with ASIC means that your work will contribute to achieving ASIC's vision for a fair, strong, and efficient financial system for all Australians.
ASIC is committed to a providing a diverse and inclusive workplace where the very best talent in Australia chooses to work. Indigenous Australians are encouraged to apply as well as applicants from all backgrounds and with different abilities.
Applications for this role will close at 11:59pm on Monday, 4 December 2023.
At ASIC, we're proud of the difference we make to Australia's economic reputation and wellbeing.
Our values – accountability, professionalism and teamwork – underpin everything we do.
