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, 2019-2024

• Notable Cases

• Health Services Union v Catering Industries (NSW) Pty Ltd [2023] FCAFC 82 - Proceedings concerning award coverage of outsourced workers performing work in food and catering services in aged care facilities (Full Federal Court)

  Woodside Energy Limited v The Australian Workers’ Union [2023] FWCFB 44 - Long-running proceedings in relation to campaign to establish collective bargaining by offshore oil and gas workers employed by Woodside (Fair Work Commission Full Bench)

  Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd [2023] FWCFB 11 - Proceedings for a protected action ballot order raising the capacity of the TWU to represent workers at waste management facilities (Fair Work Commission Full Bench)

  Woodside Energy Limited v The Australian Workers’ Union [2022] FCA 1391 - Proceedings raising the test for the making interlocutory orders staying proceedings in the Fair Work Commission (Federal Court)

  Re Svitzer Australia Pty Ltd (2022) 320 IR 41 - Proceedings seeking the termination or suspension of protected industrial action in major industrial dispute involving tugboat workers (Fair Work Commission Full Bench)

  CPSU, the Community and Public Sector Union v Technical and Further Education Commission t/as TAFE NSW [2022] FWC 2908 - Dispute as to the application of casual conversion provisions of the Fair Work Act 2009 (Cth) to state government entities (Fair Work Commission)

  Re Aged Care Award (2022) 319 IR 127 - Landmark claim for increases in rates of pay for workers in the aged care industry on work value grounds and on the basis of the gender-based undervaluation of work (Fair Work Commission Full Bench)

  Deliveroo Australia Pty Ltd v Franco (2022) 317 IR 253 - Test case proceedings in relation to the employment status of a food delivery workers engaged by Deliveroo (Fair Work Commission Full Bench)

  Kelly v Construction, Forestry, Maritime, Mining and Energy Union [2022] FCAFC 130 - Appearing for the ACTU in proceedings relating to the withdrawal of the mining division from amalgamation with the CFMMEU (Full Federal Court)

  D&D Traffic Management Pty Ltd v The Australian Workers’ Union [2022] FCAFC 113 - Judicial review proceedings against decision of the Fair Work Commission refusing to approve an enterprise agreement because of failure to meet the ‘better off overall test’ (Full Federal Court)

  Qantas Airways Ltd v Transport Workers’ Union of Australia (2022) 292 FCR 34 - Appeal from landmark finding that that Qantas contravened the general protections provisions of the Fair Work Act 2009 (Cth) in outsourcing its ground handling operations (Full Federal Court)

  Mid West Port Authority v Construction, Forestry, Maritime, Mining and Energy Union (2022) 289 FCR 88 - Whether an enterprise agreement approved by the Fair Work Commission was invalid by reason of non-compliance with pre-approval requirements (Full Federal Court)

• 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)

• Community and Public Sector Union, NSW Branch v Northcott Supported Living Limited [2021] FCA 8 – Preservation of salaries and conditions of employment of disability workers transferred from the NSW Government to the private sector (Federal Court)

  ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) v Transport Workers’ Union of Australia [2020] FCAFC 231 - Consumer law, trademark and injurious falsehood claims against a union arising from protest and social media campaigns against the ALDI (Full Federal Court)

  Qantas Airways Limited v Flight Attendants’ Association of Australia [2020] FCAFC 227 – Whether Qantas was complying with minimum payment obligations under the Jobkeeper scheme for employees stood down as a result of the COVID-19 pandemic (Full Federal Court)

  Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2020] FCAFC 205 – Capacity of employees stood down by Qantas as a result of the COVID-19 pandemic to access sick and carers’ leave entitlements (Full Federal Court)

  Application for Crown Employees (Public Sector – Salaries 2020) Award and Other Matters (No 2) [2020] NSWIRComm 1066 – Claims by major public sector unions for increases in salaries in the face of unprecedented wage freeze implemented by the NSW Government (Industrial Relations Commission of NSW)

  Cottle v Commissioner of Police (NSW) (2020) 298 IR 202 – Whether the Industrial Relations Commission has jurisdiction over an unfair dismissal claim by a police officer subject of medical retirement (Court of Appeal)

  Transport Workers’ Union of Australia v Prosegur Australia Pty Ltd (2020) 298 IR 165 – Validity of directions given to employees to reduce hours of work as a result of the COVID-19 pandemic (Fair Work Commission Full Bench)

  Dental Corporation Pty Ltd v Moffet (2020) 297 IR 183 – Whether a dentist engaged by Dental Corporation was an employee at common law and for the purposes of the Superannuation Guarantee (Administration) Act 1992 (Cth) (Full Federal Court)

  Gupta v Portier Pacific Pty Ltd; Uber Australia Pty Ltd t/a Uber Eats (2020) 296 IR 246 – Test case in relation to the employment status of Uber Eats delivery workers (Fair Work Commission Full Bench)

• Police Association of NSW v State of New South Wales [2020] NSWCA 3 - Validity of disciplinary action taken against a police officer under the Police Act 1990 (NSW) (Court of Appeal)

  Australian Licenced Aircraft Engineers’ Association v Qantas Airways Limited [2020] FCAFC 3 - Interpretation of entitlements under an enterprise agreement applying to aircraft engineers (Full Federal Court)

  White, in the matter of an election for an office in Transport Workers’ Union of Australia, Queensland Branch [2019] FCA 2131 - Election inquiry into alleged irregularities in elections for office holders in the Queensland Branch of the TWU (Federal Court)

  National Roads & Motorists' Association Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2019) 291 IR 28 - Consumer law, trademark and injurious falsehood claims against a union arising from protest and social media campaigns against the NRMA (Federal Court)

  Davie v Industrial Relations Secretary (Department of Justice, Corrective Services NSW) (No 2) [2019] 290 IR 180 - Jurisdiction of the Industrial Relations Commission of NSW to determine victimisation claims by public service senior executive employees (Industrial Relations Commission of NSW)

• CPB Contractors Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCAFC 70 (2 May 2019) - Validity of enterprise agreement provisions excluding from coverage persons covered by a site or project agreement (Full Federal Court)

• Swissport Australia Pty Ltd v Australian Municipal Administrative Clerical and Services Union (No 3) [2019] FCA 37  - Capacity of an employer to roster employees on split shifts under a modern award (Federal Court)

  Transport Workers’ Union of Australia v Registered Organisations Commissioner (No 2) [2018] FCAFC 203  - Imposition of pecuniary penalties for breaches of the Fair Work (Registered Organisations) Act 2009 (Full Federal Court)

  Klooger v Foodora Australia Pty Ltd (2018) 283 IR 168  - Whether delivery riders engaged by Foodora were employees or independent contractors (Fair Work Commission)

  Broadspectrum (Aust) Pty Ltd v United Voice (2018) 281 IR 309  - Validity of an enterprise agreement made by four employees not engaged in work covered by the agreement (Full Federal Court)

  Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124  - Appeal from orders quashing the reinstatement of a correctional officer (NSW Court of Appeal)

  Aerocare Flight Support Pty Ltd v Transport Workers' Union of Australia (2018) 261 FCR 175  - Judicial review of refusal by the Fair Work Commission to approve an enterprise agreement (Full Federal Court)

  Re NSW Health Service Allied Health Assistants (State) Award (2018) 278 IR 298  - Claim for increase in wages for allied health staff in the NSW public health system (Industrial Relations Commission of NSW)

  CJU15 v Minister for Immigration and Border Protection (2018) 259 FCR 310  - Validity of decision refusing protection visa to citizen of Fiji (Full Federal Court)

  Public Service Association and Professional Officers’ Association Amalgamated Union of NSW v Industrial Relations Secretary (2018) 96 NSWLR 762  – Appeal from the imposition of penalties in relation to industrial action (NSW Court of Appeal)

  SZVDC v Minister for Immigration and Border Protection (2018) 259 FCR 154  – Validity of decision refusing protection visa to a citizen of Egypt and whether fraud on the Federal Circuit Court (Full Federal Court)

  Khayam v Navitas English Pty Ltd (2017) 273 IR 44  – Exclusion of employees employed for a fixed term from unfair dismissal jurisdiction (Fair Work Commission Full Bench)

  Re Crown Employees (New South Wales Department of Family and Community Services) Residential Centre Support Services Staff Award 2015 (2017) 270 IR 19 – Claim to guarantee conditions of employment for employees transferred to private employers (Industrial Relations Commission of NSW)

  O’Connell v Catholic Education Office, Archdiocese of Sydney T/A Catholic Education Office, Sydney [2016] FWCFB 1752  - Jurisdiction of the Fair Work Commission to hear unfair dismissal application by person dismissed as a result of working with children legislation (Fair Work Commission Full Bench)

  Mahony v White (2016) 262 IR 221  – Whether an employee has been “dismissed” if an employer was required to terminate an employee as a result of working with children legislation (Full Federal Court)

  ResMed Ltd v Australian Manufacturing Workers’ Union & Anor (2015) 232 FCR 152 – Whether a senior member of the Fair Work Commission ought be disqualified on the basis of apprehended bias (Full Federal Court)

  Anglican Care v NSW Nurses and Midwives’ Association (2015) 231 FCR 316 – Entitlement of employees off work on workers compensation payments to accrue and take annual leave (Full Federal Court)

  Public Service Association and Professional Officers’ Association Amalgamated Union of NSW v Industrial Relations Secretary [2015] NSWCA 386  – Capacity of an employee to seek reinstatement of as an injured worker if he or she has received common law damages (NSW Court of Appeal)

  Re Independent Contractors Australia (2015) 292 FLR 80  – Appeal from authorisation given by the ACCC for independent contractors to negotiate collectively (Competition Tribunal)

  Public Service Association and Professional Officers' Association Amalgamated Union (NSW) v New South Wales (2014) 242 IR 338 – Validity of regulations limited the jurisdiction of the Industrial Relations Commission in relation to redundancy (NSW Court of Appeal)

  Trivedi v Minister for Immigration, Multicultural Affairs and Citizenship (2014) 220 FCR 169 – Application of the public interest criteria for the grant of a visas (Full Federal Court)

  Linfox Australia Pty Ltd v Fair Work Commission (2013) 240 IR 178   – Judicial review of order reinstating employee dismissed as a result of Facebook entries (Full Federal Court)

  Public Service Association and Professional Officers’ Association Amalgamated (NSW) v Director of Public Employment (2012) 250 CLR 343 - Constitutional validity of limitations of jurisdiction of the Industrial Relations Commission of NSW (High Court)

  Transport Workers’ Union of Australia v Qantas Airways Ltd (2012) 199 FCR 190  - Appeal from claim for damages arising from unlawful industrial action (Full Federal Court)

  Brown v Health Services Union (2012) 205 FCR 548 - Proceedings to appoint an administrator for the Health Services Union (Federal Court)

  State of New South Wales v NSW Nurses’ Association [2012] NSWCA 179  - Claim for redundancy payments on behalf of 79 nurses in the public health system (NSW Court of Appeal)

  MacMahon Mining Services Pty Ltd v Williams (2010) 201 IR 123  - Whether a fly in/fly out mine worker was a casual employee under the Fair Work Act 2009 (Federal Court)

  Bankstown Handicapped Children’s Centre Inc v Hillman & Anor (2010) 182 FCR 483  - Whether a disability support organisation was a trading or financial corporation for the purposes of the Constitution (Full Federal Court)

  Australian Maritime Officers Union v Sydney Ferries Corporation (2009) 190 IR 193 - Validity of income protection insurance provisions of a workplace agreement (Full Federal Court)

  Bonan v Hadgkiss (2007) 160 FCR 29  - Entitlement to legal representation during investigations by the Building and Construction Commission (Full Federal Court)

  Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (2004) 133 IR 254  - Claim for increase in salaries for public school teachers in New South Wales (Industrial Relations Commission of NSW)

  Construction, Forestry, Mining and Energy Union v Queensland Coal and Oil Shale Mining Industry (Superannuation) Ltd (2003) 132 FCR 1  - Claim in relation to superannuation entitlements for coal mining workers (Federal Court)  - Claim in relation to superannuation entitlements for coal mining workers (Federal Court)

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