We sat down (virtually) to talk with Bayside Group’s newest addition to its Workplace Relations team, Mark Tomisich. After discovering his passion for law while on jury duty, Mark has since gone on to work as an employment lawyer with several organisations. 

We discuss some of the major challenges for employers when it comes to employment legislation, how the pandemic has created a new wave of compliance considerations, and Mark’s appreciation for common sense outcomes that benefit both employers and their employees. 

Can you tell us a bit about the early stages of your career? Where did you start out? 

My career began at Coles Myer, where I worked in retail inventory management after completing a Bachelor of Business. After this, I transitioned into the RTO and recruitment sector. But this is where my career took a trajectory I wasn’t expecting! 

In 2006, I was called into jury duty, where I recall being in complete awe of a gentlemen in a wig and black gown, speaking a strange language. This language, I’d later learn, was legal terminology. 

After that experience, I knew that I wanted to change my career path and become a lawyer. I was surprised when I was accepted into the degree and studied extremely hard to become a lawyer within four years. 

What particularly appeals to you about employment law and working within the realm of workplace relations?

I began my foray into industrial relations while practicing as an employment lawyer. This is where I found a keen interest in picking apart employee disputes and untangling the intricate web of employment law matters. From there, it’s about simplifying them and arriving a common-sense outcome for both parties. 

After practicing for some five years, I started to harbour increasing motivation to practice employment law from the employer-perspective, which was driven by the reoccurring themes I was observing that I wanted to help employers prevent. 

I saw a lot of employers trying to balance employee productivity against rigid employment law obligations. I came to realise that it really was – and still is – a complex task, that usually doesn’t stem from the desire to engage in intentional misconduct. 

In your experience, what do you find are the biggest challenges for employers when it comes to employment compliance? 

The Australian industrial relations landscape is a complex area for most employers. This extends even to seasoned employment lawyers! 

For example, one major challenge is the sheer volume of modern awards in operation, which now stands at 121. With most of these averaging over 100 pages, this would be overwhelming for anyone. 

In my time working with employer associations, I often encountered CEOs and Directors losing sleep and unable to focus on managing their business, because they were so consumed by otherwise avoidable employment law disputes. It’s extremely challenging for a top-performing manager trying to maximise employee productivity to also simultaneously wear the hat of an employment law specialist. Put simply, the two concepts don’t always work in unison. 

Employers who have been found to have breached the Fair Work Act 2009, have in most cases done so unintentionally while managing employee performance matters. More often than not, this isn’t because the employer is acting in bad faith, but rather a lack of knowledge when it comes to their employment law obligations. 

It is for this very reason, particularly in the case of underpayment, the lines between unintentional errors and intentional misconduct can be largely blurred, and further muddied by the media. 

What are some of the key legislation changes you’ve seen occur in recent years, and what has their impact been? 

The major developments really would come down to casual conversion, underpayments and the enormous effect the pandemic has had on the Fair Work Act 2009. I can truly say that as an employment lawyer, this is something I’ve never experienced in the whole time I’ve been practicing. 

On the pandemic, what are some of the considerations employers might now need to take into account? 

Productivity lies at the core of a business, and the pandemic has shown us that employers really need not be fearful of flexibility provisions in the Fair Work Act 2009. In many cases, allowing employees greater flexibility really can be used to your advantage! The workforce has demonstrated its resilience to working from home arrangements and redefined the concept of the traditional 9-5, 5 day working week. 

That said, employers still need to be cognisant that working from home is a relatively new concept from an OH&S, Unfair Dismissal and General Protections perspective. The environment is still very much in its infancy, so if employers are unsure of anything, it’s best they seek professional workplace relations advice. 

You’re relatively new to Bayside Group’s Workplace Relations team. What are you most looking forward to achieving here? 

I’m really looking forward to untangling any employment law challenges facing employers, while demystifying and simplifying legislation to help employers better protect their business and their workforce.

What are your hobbies and interests outside of work? I understand you’re a keen bike rider! 

I love my cycling! In a million years, I never envisaged that I would don lycra on the weekends and be dubbed a “MAMIL” (middle-aged man in lycra). But it only took a good friend dragging me on a ride for this passion to be born, and I’ve never looked back! 

If you need assistance ensuring your business is up to date with the most recent employment legislation, you can reach out to Mark and Bayside Group’s team of Workplace Relations professionals here.