Jennifer Wyborn
Clayton Utz
Partner
Canberra
[Jennifer] is very good at the stakeholder management piece, she is always proficient in her delivery of advice and is an exceptional lawyer. She has excellent presentation skills, and she is very good technically.
– Client Government Department
Overview
Jennifer is a highly regarded employment lawyer and a recognised leader in her field, sought after for her strategic prowess in resolving complex employment and industrial relations issues. With nearly two decades of experience spanning both government and private sectors, she specialises in navigating the complete spectrum of workplace relations, employment, and safety matters.
As an accredited specialist in employment and industrial relations, Jennifer employs a strategic approach to tackle intricate employment and industrial matters for her diverse clientele. She delivers favourable outcomes in diverse legal challenges, from internal employment dispute resolutions to intricate enterprise agreements and litigation within the Fair Work Commission and courts.
Notable Work
- Strategic guidance: partners with public sector clients, tertiary institutions and private sector clients, including Commonwealth government departments and agencies, construction companies, Universities and mining companies, on managing complex employment and human resources challenges.
- Serious and complex workplace investigations: managing investigations, crises, conduct issues and integrity disclosures across all sectors, including preserving evidence, taking statements, and delivering pragmatic outcomes.
- Complex employment, discrimination and industrial litigation: extensive experience in all jurisdictions, ranging from the Commissions and Tribunals through to the High Court.
- Transfers of business: advises on structuring labor relationships, navigating legal implications of transfers, and analysing employee entitlements for informed decision-making.
- Industrial relations strategies: formulating and implementing strategies for negotiations, dispute resolution, and litigation before various courts.
- Enterprise agreements: guides the drafting, negotiation, and compliance for both public and private clients, ensuring engagement, good faith bargaining, and regulatory adherence.
- Work health and safety: assists clients in developing risk management plans, handling compliance investigations, and managing incidents effectively.
Insights
Chambers Global Practice Guides - HR Internal Investigations 2025
19 Mar 2025 | Document
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Costs-jurisdiction no more: What changes to the award of costs means for parties in federal discrimination claims
4 Oct 2024 | Article
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Clocking off? APSC releases its guidance on the right to disconnect
27 Aug 2024 | Article
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Closing Loopholes No 2: What you need to know about the next raft of changes commencing 26 August
26 Aug 2024 | Article
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Fair Work Commission to review fixed term clauses in university modern awards
22 Jul 2024 | Article
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Closing Loopholes No. 2: what you need to know on the right to disconnect, casual employment and more
21 Feb 2024 | Article
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Closing Loopholes Bill split in two: Wage theft and labour hire amendments passed the Senate today
7 Dec 2023 | Article
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New rules for fixed-term contracts from 6 December 2023: are you ready?
30 Nov 2023 | Article
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Fair Work Commission refuses EA approval after uni misrepresents sign-on bonus to casuals
24 Nov 2023 | Article
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IR reforms 3.0: get ready for changes to casual and gig employment, labour hire, wage theft and union rights
5 Sep 2023 | Article
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The resurgence of enterprise bargaining 05: when bargaining goes wrong
31 Aug 2023 | Article
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The resurgence of enterprise bargaining 04: starting the bargaining process
27 Jul 2023 | Article
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The resurgence of enterprise bargaining 03: what to expect when you're expecting to bargain
30 Jun 2023 | Article
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Corruption and misconduct post-1 July under the Public Interest Disclosure Act and the National Anti-Corruption Commission
29 Jun 2023 | Article
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The resurgence of enterprise bargaining 02: Ready, set, go! How enterprise bargaining begins
31 May 2023 | Article
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Contract remains king and the superannuation guarantee is still unsettled, so check your independent contractor contracts
29 May 2023 | Article
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Poor report card on modern slavery compliance acknowledged with $8m to implement Anti-Slavery Commissioner
12 May 2023 | Article
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The resurgence of enterprise bargaining 01: navigating the industrial relations changes to enable effective bargaining
26 Apr 2023 | Article
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Restraints of trade in the employment context 03: Understanding non-solicit clauses
22 Mar 2023 | Article
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Senate Committee recommends a "right to disconnect": what does it mean and what do employers need to prepare for?
22 Mar 2023 | Article
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Employment outside NSW won’t automatically count for long service leave in NSW, so review how you track it now
15 Dec 2022 | Article
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New workplace laws: Secure Jobs, Better Pay – what, when and how?
4 Nov 2022 | Article
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Media Release: Clayton Utz partner Jennifer Wyborn wins ACT Woman Lawyer of the Year award
26 Oct 2022 | Media Release
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Secure Jobs, Better Pay Bill to be introduced to Federal Parliament next week, but how far it goes is still unknown
19 Oct 2022 | Article
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Revised Building Code released, and reduction in powers of the ABCC
26 Jul 2022 | Article
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“Second Vacancy” not needed to offer casual conversion in the APS
7 Jul 2022 | Article
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Federal election 2022: The new Labor Government's industrial relations agenda at a glance
23 May 2022 | Article
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Restraints of trade in the employment context 02: Understanding non-compete clauses
28 Apr 2022 | Article
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Restraints of trade in the employment context 01: What do I need to know?
31 Mar 2022 | Article
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Federal Court has Eureka moment with union flag on a worksite and the Building Code
17 Mar 2022 | Article
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RIP Odco: the Personnel Contracting decision and the death of the triangular labour hire contract
17 Mar 2022 | Article
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The terms of the contract are decisive of the employee/contractor issue – with some provisos, says High Court
11 Feb 2022 | Article
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Mandatory COVID-19 vaccination policies still possible, if done correctly
6 Dec 2021 | Article
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My employee refuses to be vaccinated against COVID-19: What do I do?
29 Nov 2021 | Article
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Mythbusting legal misinformation about COVID-19 vaccine mandates: what employers can do
16 Nov 2021 | Article
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Workplace Investigations refresher part 10: Procedural fairness – bias
11 Nov 2021 | Article
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Workplace investigations refresher part 9: Procedural fairness – providing an opportunity to respond
14 Oct 2021 | Article
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New mandatory COVID-19 vaccination for Victorian authorised workers
8 Oct 2021 | Article
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Workplace investigations refresher part 8: Participants in workplace investigations – witnesses
16 Sep 2021 | Article
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High Court overturns Rossato decision giving clarity around casual employee classification
5 Aug 2021 | Article
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Workplace investigations refresher part 7: Procedural fairness: putting allegations to a person for response
5 Aug 2021 | Article
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Industrial manslaughter: ACT worksite deaths soon punishable with extended imprisonment and significant fines
8 Jul 2021 | Article
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Workplace investigations refresher part 5: Maintaining legal professional privilege over workplace investigation reports
10 Jun 2021 | Article
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Workplace investigations refresher part 4: Waiving LPP over workplace investigation reports
13 May 2021 | Article
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Workplace investigations refresher part 3: legal professional privilege and workplace investigation reports
1 Apr 2021 | Article
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Workplace investigations refresher part 2: Following your framework
4 Mar 2021 | Article
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Latest Government guidance reaffirms voluntary COVID-19 vaccination policy
23 Feb 2021 | Article
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Leading by example: the gold standard for procedural fairness in FWC employee dismissal case
4 Feb 2021 | Article
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The Federal Government's omnibus IR reforms legislation: what is in, what is out, and what you need to do now
10 Dec 2020 | Article
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Fair Work Full Bench says “no injunction” due to lack of preliminary finding on bullying claim
17 Sep 2020 | Article
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High Court gives employers some relief by fixing unreasonable view of personal leave accruals
13 Aug 2020 | Article
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Three's a crowd: Federal Court queries employee/independent contractor distinction and "Odco" labour hire arrangements
6 Aug 2020 | Article
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Victoria's work restrictions – considerations for all Australian employers
3 Aug 2020 | Article
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Victorian employers' COVID-19 incident notification duties have changed
30 Jul 2020 | Article
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Victoria to mandate face coverings - what does this mean for PCBUs across Australia?
21 Jul 2020 | Article
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Federal Parliament passes legislation meaning JobKeeper payments will soon flow
8 Apr 2020 | Article
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Clearing the air on contractual obligations: lessons learned from bushfire smoke and WHS-related delays
5 Mar 2020 | Article
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Extreme weather events, smoke haze and poor air quality: business must take steps to ensure worker health and safety
6 Feb 2020 | Article
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Marathon service-wide transformation of the APS begins with a sprint – but there are many miles to go
6 Feb 2020 | Article
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Commonwealth Workplace Protection Orders Bill could signify next step in protecting public service employees
3 Oct 2019 | Article
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#fired! What does the High Court's decision in Banerji mean for non-APS employers?
5 Sep 2019 | Article
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Abandonment of employment – what to do when your employee is a no-show
8 Aug 2019 | Article
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Hold Your Fire! Anonymous tweeting can breach the APS Code of Conduct and justify termination
8 Aug 2019 | Article
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Federal Election 2019 – key workplace issues 04: Integrity Commission and Whistleblowers
4 Apr 2019 | Article
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Shake-up of APS working conditions, management structures proposed by the Independent Review interim report
22 Mar 2019 | Article
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Media Release: Clayton Utz's pro bono contribution recognised at ACT Law Society Awards
4 Sep 2018 | Media Release
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Your casual workers are not actually casual, says Full Federal Court – so review all casual engagements now!
17 Aug 2018 | Article
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Serious misconduct vs mitigating circumstances – how do you come out of a termination decision on the right side?
26 Apr 2018 | Article
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A casual focus on flexibility: the Fair Work Commission considers extending flexible work arrangements
29 Mar 2018 | Article
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Compulsory Family and Domestic Violence Leave is on the way for Modern Awards
27 Mar 2018 | Article
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High Court gives significant win to employers during enterprise bargaining
6 Dec 2017 | Article
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Penalty rate cuts for hospitality and retail sectors – transitional arrangements commence on 1 July
6 Jun 2017 | Article
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Senior employees and managers cry "adverse action!" at every turn
13 Apr 2017 | Article
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Sunday and public holiday penalty rates in modern awards reduced for hospitality and retail sectors
23 Feb 2017 | Article
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