Profile

Herbert Fischbacher

Principal

+61 3 8540 0290 +61 417 565 962

With more than 27 years’ experience, Herbert is a Principal and leads our Employment Law team. He joined MST Lawyers in 1990 as an Articled Clerk and progressed to the position of Principal in July 1995. Having focused his practice in the area of employment law and the growing need for his services, Herbert established the Employment Law team at MST Lawyers.

Herbert’s Practice

Herbert leads a highly trained team of lawyers and paralegal staff. The team is a specialist workplace relations advisor in the franchise and association sectors. Generally, clients range from globally recognised brands and multinationals to SMEs.

Herbert’s legal practice involves acting in and/or advising clients on:

  • Compliance with the Fair Work Act 2009
  • Workplace relations advice through dedicated hotline support service to major franchise networks and associations
  • Tailored and flexible workplace agreement strategies
  • Managing workplace investigations
  • Employment matters related to the sale and purchases of businesses
  • Outsourcing client HR functions
  • Resolving and avoiding workplace and industrial disputes
  • Redundancy and restructuring strategies
  • Implementing fixed price workplace solution products
  • Implementing training solutions.

Herbert practices in all jurisdictions throughout Australia and regularly appears in both Federal and State jurisdictions across Australia. He is a regular speaker and presenter at national and workplace relations related conventions and seminars on workplace relations matters.

Areas Of Specialty

  • Industrial disputes
  • Enterprise agreements
  • Workplace strategies
  • Workplace law compliance

Industry Experience

  • Real estate
  • Wholesale
  • Franchise

 

Qualifications/Admissions

  • 1989 – Bachelor of Economics Monash University
  • Bachelor of Laws Monash University
  • 1991 – Admitted to the Supreme Court of Victoria and the High Court of Australia

Memberships

  • Law Institute of Victoria
  • Industrial Relations Society of Victoria

Significant Matters

  • Advising on matters pertaining to the compliance with the Fair Work Act 2009, including the highly publicised 2017 amendments to the Act which impose liability on franchisors regarding workplace law contraventions committed by franchisees.
  • Advising on the employment aspects of a significant sale of business where the transaction for a multinational client.
  • Advising a multinational client about a large-scale redundancy process.
  • Defending a claim for breach of post-employment restraints by a senior executive to an unlisted public corporate.
  • Numerous disputes in the Fair Work Commission and Federal Courts representing employers in defending general protection claims made by   ex-employees.