Kirsty Faichen




Kirsty is a specialist employment and labour lawyer with over 20 years’ experience advising ASX-listed companies, private organisations, government-owned corporations and for-purpose bodies.

Kirsty has worked both in Australia and the UK predominantly in the energy and resources, manufacturing, infrastructure, health and not-for profit sectors. She has established herself as a trusted advisor to boards, general counsel, people directors and their teams on strategic workforce planning and structuring, regulatory risks and anticipated industrial relations reforms, enterprise bargaining, industrial action, right of entry, Fair Work Commission disputes and litigation. Additionally, Kirsty has experience advising on the management and implementation of continuous improvement processes, highly sensitive workforce planning, investigations and compliance and conduct matters with serious reputational implications.

Kirsty also collaborates with corporate and projects teams to assist clients to successfully deliver major transactions and projects, advising on all employment aspects of transactions including transfer of employment, post-acquisition restructuring, employment liabilities, executive matters, W&I insurance, enterprise bargaining and industrial relations risks.

Kirsty is a lead contributor to our community engagement and pro-bono programs.

Key deals

Mandatory vaccinations

Advising a large resources client in relation to a site access requirement to be vaccinated for COVID-19, including developing consultation plans and responding to employee and union disputes. Kirsty worked with a cross-legal discipline team to assist in successfully achieving the client’s safety objectives in an industrially volatile environment.

In addition, Kirsty provided strategic advice throughout proceedings in the Fair Work Commission, ultimately successfully defending the requirement. Working closely with the client team, this matter took into account many factors as part of daily decision making including stakeholder motivations and tactics, safety, reputational considerations and commercial outcomes required.

Applications for judicial review

Advising on applications to the Federal Court for judicial review and the seeking of declarations as to the correct statutory interpretation of the right of entry provisions in the Fair Work Act 2009 (Cth). This was a matter with broad ranging implications for right of entry requests for Australian employers across all industries.


Providing employment and labour advice to Suncorp in relation to the sale of its Australian life insurance business to TAL Dai-Ichi Life Australia (TAL) for A$725 million.

Payroll and workplace practices compliance projects

Advising numerous companies, including a large industrial employer with multiple industrial instruments, on payroll and workplace practices compliance projects including effective use of contractual provisions, consideration of individual flexibility agreements and high income guarantees, overtime/hours of work policies and payroll triggers, whilst also maintaining the flexibility objectives of the business and the employee. These projects involve significant internal and external stakeholder engagement, and reputation and corporate and social responsibility considerations, including in dealings with the FWO.