Nicola McMahon

Partner

Expertise

Disputes, Employment Relations and Safety, Education, International, State Government NSW, Technology, Media, and Telecommunications

M: +61 435 557 269
T: +61 2 8241 5607

Best Lawyers “Ones to Watch” Australia
Labour and Employment Law

Nicola is a specialist employment relations lawyer with extensive experience advising employers across Australia and the United Kingdom. She is trusted by public sector agencies, private companies and international businesses to navigate complex workplace issues, manage risk and achieve commercially effective outcomes.

She advises public and private sector clients across the full spectrum of employment and industrial relations matters and is particularly experienced in supporting international clients as they navigate Australia’s employment law framework.

Nicola provides strategic advice throughout the employment lifecycle, from recruitment to performance management, the management of ill and injured employees, workplace investigations, disciplinary processes and through to termination of employment.

She regularly advises on business restructures, whistleblowing matters, the interpretation and application of modern awards and enterprise agreements, and complex industrial relations issues, including enterprise bargaining and enterprise agreement approvals.

In addition to her advisory practice, Nicola represents clients in employment litigation. She has extensive experience defending unfair dismissal, general protections and discrimination claims, as well as acting in restraint of trade and breach of contract disputes.

Known for her pragmatic and commercially focused approach, Nicola works closely with clients to deliver clear, strategic advice tailored to their business objectives. Clients value her ability to quickly identify key issues, assess risk and develop practical solutions in complex workplace matters.

Read Nicola’s latest publications:

  Fair Work Commission decision overhauls SCHADS Award framework and pay rates

  Termination rules tighten for employers

  Whistleblower protections under the Corporations Act

  Jurisdictional clash: Australia to hear post-termination restraint case with English choice of law clause

 Protecting Worker Entitlements Bill passes: further changes for employers

Experience

Enterprise Agreements

Providing strategic advice to an employer in the energy sector during enterprise bargaining, including addressing BOOT issues leading to successful approval and implementation of enterprise agreements.

General protections

Acting for a large Australian employer in general protections proceedings brought in the context of an enterprise-wide employment contract refresh. Nicola developed a jurisdictional and strategic response and managed reputational risks arising from media scrutiny; the matter concluded without financial settlement and the client achieved over 98% workforce acceptance of the new contracts.

Whistleblower investigation

Conducting multiple investigations into allegations raised by anonymous reporters through a financial institution’s whistleblowing portal and advising on compliance with the Corporations Act 2001 (Cth).

Discrimination

Successfully defending complex and long running victimisation and discrimination proceedings under the Anti-Discrimination Act 1977 (NSW).

NSW Government

Advising multiple NSW Government agencies on taking action against employees arising from misconduct and poor performance. Representing agencies in related proceedings in the Industrial Relations Commission of New South Wales and the Fair Work Commission.

Unfair Dismissal

Acting for a public sector employer in an appeal to the Full Bench of the Fair Work Commission against a first instance unfair dismissal application relating to out-of-work conduct.

Managing Underpayment

Guiding an international finance company through the planning and execution of a complex underpayment remediation program, advising on employee entitlements, potential liability, regulator engagement and communications strategy. The identified issues were rectified without media scrutiny or regulatory action.

Majority support determination 

Representing a large Australian bank opposing a union application for a majority support determination for bargaining, resulting in the withdrawal of the union’s application after hearing and before a decision was published.