Employment Law & Industrial Relations

The Employment Law & Industrial Relations practice group provides advice and litigation services in all areas of employment law and industrial relations, including in relation to:

Awards and Enterprise Agreements
industrial disputes
unfair dismissals and public sector disciplinary appeals
anti-discrimination
licensing (firearms, security industry and tattoo parlours)
disciplinary matters
professional misconduct
prohibited employment
work, health and safety obligations.

The team provides litigation services in a range of jurisdictions, and regularly appears in matters in the NSW Civil and Administrative Tribunal, the Supreme Court, the Industrial Relations Commission and the Industrial Court of NSW.

Key areas of expertise: industrial law; employment; discrimination law; occupational approvals and licensing; workplace health and safety; disciplinary matters.

Significant matters

Acting for the Industrial Relations Secretary in Fire Brigade Employees’ Union v Industrial Relations Secretary (on behalf of Fire and Rescue NSW) [2025] NSWIRComm 1063, which was the first arbitrated case in which the Award Making Principles were applied. The case was of significance to the sector insofar as the Commission found that it was appropriate to include a one-off ‘reset’” where below-trend wage increases combined with significantly above-trend inflation caused a substantial fall in real wages in the past, as happened after the COVID-19 crisis.
Acting for the Health Secretary in New South Wales Nurses and Midwives’ Association v State of NSW [2024] NSWSC 636, in which the plaintiff alleged approximately 1,484 breaches of the Public Health System Nurses’ and Midwives’ (State) Award as it relates to minimum staffing requirements. The Court found, in a preliminary hearing of three separate questions, that the failure to meet the requirement did not involve a contravention of the relevant award.
Appearing in proceedings on behalf of clients to obtain dispute orders in respect of industrial action, including for the Health Secretary in NSW Ambulance v Australian Paramedics Association (NSW) [2023] NSWIRComm 1116 and NSW Ambulance v Health Services Union NSW [2023] NSWIRComm 1044.
Appearing for the Commissioner of Police in Ryan v Commissioner of Police, NSW Police Force [2024] NSWCATAP 38, an appeal concerning the imposition of conditions on a firearms licence.
Acting for the Commissioner of Police in the first work value case to be decided following the repeal of the ‘wages cap’ under s 146C of the Industrial Relations Act 1996 - Crown Employees (NSW Police Force Special Constables) (Security) Award 2023 [2024] NSWIRComm 1034. The case provides important guidance on the work value, productivity and efficiency, and special case principles..
Acting for the Industrial Relations Secretary in the State Wage Case 2024, a broad review of the form and content of the Industrial Relations Commission’s Wage Fixing Principles.
Acting for the Department of Education in Long v Secretary, Department of Education [2023] NSWCATAP 14, discrimination proceedings relating to parental leave entitlements for the father of children born through a surrogacy arrangement.
Acting for the State of NSW, intervening in Conroy’s Smallgoods Pty Ltd v Australasian Meat Industry Employees Union [2023] FCAFC 59, which considered the interpretation of the phrase “applicable award-derived long service leave terms” in s. 113(1) of the Fair Work Act 2009 (Cth).
Acting for the Prothonotary of the Supreme Court in The Prothonotary v X [2024] NSWCA 251, proceedings seeking a declaration that the respondent is not a fit and proper person to remain on the roll of Australian lawyers and that the respondent’s name be removed from the roll.