Andrew Klein

Andrew has extensive experience in representing and providing high level, strategic and complex workplace relations advice to a wide range of Commonwealth departments and agencies over the last 15 years. This includes significant experience in litigating on behalf of the Commonwealth (generally on the instructions of Comcover) in the Fair Work Commission, the Federal Court, the Federal Circuit and Family Court of Australia, the Australian Human Rights Commission and the Administrative Review Tribunal.

The matters Andrew assists with include:

• unfair dismissal, general protections, bullying and harassment, discrimination and sexual harassment claims and associated litigation
• issues associated with managing performance and conduct and the associated risks relating to termination of employment
• managing return to work and chronic absenteeism issues
• advice regarding entitlements under enterprise agreements and common law contracts and related dispute and litigation
• issues associated with claims for workers compensation made pursuant to the Safety, Rehabilitation and Compensation Act 1988 (as part of the Comcare scheme).

Over the course of his career, Andrew has worked with the majority of the largest Commonwealth departments and agencies. His recent clients include: Comcover, Services Australia, the Department of Home Affairs, the Department of Veterans Affairs, the Australian Federal Police (AFP), the Australian Public Service Commission, the Department of Agriculture, Fisheries and Forestry, the Department of Foreign Affairs and Trade, Airservices Australia, the National Disability Insurance Agency, the Department of Parliamentary Services, the Department of Infrastructure, Transport, Regional Development, the Department of Industry, Science, Energy and Resources and Communications, the National Gallery of Australia, the National Indigenous Australians Agency, IP Australia and the Special Broadcasting Services Corporation (SBS).

Andrew has also worked extensively as an executive level lawyer within the Commonwealth (at the Attorney-General’s Department, Centrelink Legal Services, Comcare, the AFP and Airservices Australia), both as an in-house lawyer and, after coming to private practice, as part of secondment arrangements.

The time Andrew has spent working with, and within the Commonwealth gives him a valuable perspective on the public sector and expertise in the practical application of related legislation such as the Public Service Act 1999, the Legal Services Directions 2017, the Public Interest Disclosure Act 2013 and the Administrative Decisions (Judicial Review) Act 1977.

Andrew also has extensive experience in conducting complex and sensitive workplace investigations (including numerous Code of Conduct investigations) and reviews of workplace culture.

He has undertaken investigations and reviews, including numerous Code of Conduct investigations, for a wide range of Commonwealth and State and Territory government departments and agencies, including: the AFP, the Department of Home Affairs, the Department of Foreign Affairs and Trade, Services Australia, the Department of Veterans Affairs, the Department of Parliamentary Services, the Department of Infrastructure, Transport, Regional Development, the Department of Industry, Science, Energy and Resources and Communications, Defence Housing Australia, the National Indigenous Australians Agency, ACT Health Directorate, ACT Chief Minister, Treasury and Economic Development Directorate, NSW Ministry of Health, Transport for NSW, Victoria Police and Ambulance Victoria.

Andrew is generally engaged to conduct investigations where the matter is complex, sensitive or otherwise requires a high level of expertise and judgement to be exercised. This includes extensive experience in conducting investigations under the Public Interest Disclosure Scheme.