Management Rights And Tourism

We have extensive experience in advising businesses operating in the management rights and tourism industries on all aspects of workplace law. This includes small management rights employers with a handful of employees, through to large hotel chains.

Our principal, Denise O’Reilly, has first hand experience of the industry, having part owned a management rights business and lived onsite for many years. This gives her a unique understanding of the issues facing management rights employers, and the landscape in which employment and workplace relations issues play out in this industry.

Common issues that we advise on within this industry include:

  • advising on award coverage, entitlements and compliance;
  • preparation of employment and contractor agreements for employees/workers (including at time of purchase);
  • advising on employee v contractor status and sham contracting laws;
  • advising on termination of employment (including executive) termination issues;
  • advising on bullying issues (including in relation to lot-owner and Committee conduct);
  • advising on workplace health and safety issues, and duties of caretakers, committee and lot owners;
  • representing management rights employers in Fair Work Commission and other proceedings; and
  • advising on all other aspects of workplace law.

Examples of work we have undertaken in this industry include:

  • advising on the employment aspects of the purchase of 3 large hotels, including advice on employment arrangements;
  • advising hotel chain regarding termination of CEO;
  • representing international hotel chain in anti-bullying proceedings before the Fair Work Commission;
  • conducting investigation into bullying of onsite manager by committee members in large hotel;
  • advising on employee v contractor status of long standing caretakers in prestige residential tower;
  • representing large caretaker on general protections claim alleging sham contracting before the Fair Work Commission; and
  • preparing employment contracts for onsite managers and other roles unique to the industry.

Given our specialisation in workplace law, we do not advise on any aspect of body corporate or property law.