Mark Gibian SC

Mark Gibian SC

Areas of practice

  • Administrative Law
  • Appellate
  • Contracts
  • Coronial Inquests & Commissions of Inquiry
  • Disciplinary Proceedings
  • Industrial/Employment Law
  • Work Health and Safety Law

Admissions

Barrister - 2002

Senior Counsel - 2018

Qualifications

  • Bachelor of Arts (Hons) – University of Sydney

    Bachelor of Laws (Hons) - University of Sydney

  • Doyle's Guide - Recommended Leading Employment & WHS Senior Counsel, NSW, 2019, 2021, 2022

  • Notable Cases

  • Ryan v Commissioner of Police (NSW) [2022] FCAFC 36 – Whether police officer is able to bring a claim under the Disability Discrimination Act 1992 (Cth) where appointment is revoked on grounds of medical condition (Full Federal Court)

  • Williams v Secretary, Department of Education [2022] NSWIRComm 1007 – Whether the Industrial Relations Commission has jurisdiction to hear a disciplinary appeal brought by a teacher who does not have a working with children clearance (Industrial Relations Commission of NSW)

Re Menulog Pty Ltd [2022] FWCFB 5 – Whether employees performing food delivery work in the gig economy covered by a modern award made by the Fair Work Commission (Fair Work Commission Full Bench)

Construction, Forestry, Maritime, Mining and Energy Union v Mt Arthur Coal Pty Ltd (2021) 310 IR 399 – Whether employer’s directive to employees to be vaccinated against COVID-19 as condition of entry to workplace constituted a lawful and reasonable direction

Re Horticulture Award 2020 [2021] FWCFB 5554 – Major award claim to improve pay and conditions for pieceworkers in the horticulture industry across Australia (Fair Work Commission Full Bench)

Transport Workers Union of Australia v Qantas Airways Ltd (2021) 308 IR 244 - Major proceedings alleging that Qantas outsourcing ground handling operations and dismissed approximately 2,000 employees in breach of the Fair Work Act 2009 (Cth) (Federal Court)

NSW Trains v Australian Rail, Tram and Bus Industry Union [2021] FCA 883 - Application for injunctions to require rail employees to perform work on new rolling stock and to work under new rosters and working arrangements (Federal Court)

Newton v Toll Transport Pty Ltd (2021) 307 IR 140 - Whether employee had been unfairly dismissed where dismissed as a result of a fight between employees occurring outside of work time and away from the workplace (Fair Work Commission Full Bench)

Public Service Association and Professional Officers’ Association Amalgamated Union of NSW v Industrial Relations Secretary of NSW (2021) 306 IR 89 - Challenge to the validity of decisions of the Industrial Relations Commission with respect to increases in public sector wages (Court of Appeal)


T: +61 2 8998 8350 F: +61 2 8998 8316
E: gibian@hbhiggins.com.au