- Admitted as a Barrister: 1999
- Admitted as a Solicitor: 1996
- BBus (UTS)
- LLB (UTS)
- BarADR Approved Arbitrator
Andrew is a commercial barrister specialising in employment and industrial law.
He is regularly briefed in litigation in the Federal Court of Australia and the Supreme Court of New South Wales. He is also regularly briefed in litigation in the Federal Circuit Court of Australia, the District Court of New South Wales, the Fair Work Commission and the Industrial Relations Commission of New South Wales. He has appeared in a number of inquiries and inquests.
Andrew is regularly engaged to advise both in written form and in conference as well as being regularly briefed to act as a mediator of employment disputes. He has acted in private arbitrations of employment disputes.
He has acted in a number of large, complex and long running employment and industrial disputes.
Andrew appears both at first instance and on appeal and appears both led and unled.
He has considerable experience in disputes relating to employment contracts, including entitlements and termination. In addition Andrew has considerable experience in disputes relating to restraints of trade in employment, partnership and franchise contexts. He also has extensive experience in disputes relating to unfair dismissals, adverse action, public sector appeals, award and enterprise agreement entitlements, industrial action and rights of entry. He has considerable experience in occupational health and safety defences as well as judicial review applications.
Andrew has acted mainly for employers and governments but undertakes work for employees regularly.
He has been recognised continually in the Doyles Guide for his work in New South Wales and nationally, along with peer recognition in the AFR Best Lawyers in Australia.
He has taught Conflicts of Law in the undergraduate program at the University of Technology, Sydney.
Andrew is a member of the Industrial Law Committee of the Law Council of Australia and a member of the Rules and Bench Books Committee of the Fair Work Commission.
Areas of Practice
- Administrative Law
- Civil & Human Rights and Discrimination
- Employment Law
- Industrial Law
- International Law
- Inquests, Royal Commissions and Statutory Tribunals
- OH&S / Work Health and Safety
- Restraint of Trade
Articles, Cases & Publications
Andrew’s experience includes:
Acting in appeals – see, for example, CFMMEU v Sunset Power International  FWCFB 4727; Sydney Trains v Hilder  FWCFB 1373; RAFFWU v Woolworths Group Limited  FWCFB 2355; Budd v Australian Federal Police  FWCFB 6948; QGC Pty Limited v AWU  FWCFB 1165; AMOU v Harbour City Ferries Pty Limited  FWCFB 1151; AMWU v Griffin Coal Mining Company Pty Limited  FWCFB 4620; Sakari Resources Limited v Purvis  WASCA 24; CFMEU v Anglo Coal (Callide Management) Pty Limited  FCAFC 57; see also Bateman v Communications Design & Management Pty Limited  FWCFB 8768; CFMEU v B J Jarrad Pty Limited  FWCFB 8740; Byrne v Macquarie Group Services Australia Limited  NSWCA 68; Farstad Shipping (Indian Pacific) Pty Limited v MUA  FWAFB 1686; Barach v UNSW  FWAFB 3307; Coal & Allied Mining Services Pty Limited v MacPherson  FCAFC 83; AMOU v Sydney Ferries Corporation  FCAFC 145; Russell v Trustees of Roman Catholic Church  NSWCA 217; Tokyo Network Computing Pty Limited v Tanaka  NSWCA 263.
Acting in judicial review applications – see, for example, SDA v Australian Industry Group  FCAFC 161; CFMEU v One Key Workforce Pty Limited  FCA 1266; CEPU v Aurizon Operations Limited  FCAFC 126; AIPA v Fair Work Australia  FCAFC 65; CFMEU v Hamberger  FCA 719; Thiess Pty Limited v Industrial Court of NSW  NSWCA 252; Caterpillar of Australia Limited v Industrial Court of NSW  NSWCA 83; Mitchforce Pty Limited v Industrial Relations Commission  NSWCA 151.
Acting in nature of employment relationship applications – see Voros v Dick  FWCFB 9339;Wilton v Coal & Allied Operations Pty Limited  FCA 725; see also Re Branded Media Holdings Pty Limited  NSWSC 557; ASMOF v Sydney South West Area Health Service  NSWIRComm 243.
Acting in breach of contract of employment applications – see, for example, Purvis v Sakari Resources Limited  WASC 63 and  WASCA 24; see also Fishlock v Campaign Palace Pty Limited  NSWSC 531; O’Sullivan Partners (Advisory) Pty Limited v Foggo  NSWSC 501 and  NSWCA 40; Byrne v Macquarie Group Services Australia Limited  NSWSC 417 and  NSWCA 68; Russell v Trustees of Roman Catholic Church  NSWSC 104 and  NSWCA 217; Downe v Sydney West Area Health Service  NSWSC 159 and  NSWSC 159; Langley v AMP Capital Investors Limited  NSWSC 937; Tokyo Network Computing Pty Limited v Tanaka  NSWCA 263; ASMOF v Sydney South West Area Health Service  NSWIRComm 243.
Acting in four yearly award review applications – see, for example, Re General Retail Award  FWCFB 3427; Registered and Licensed Clubs Award  FWCFB 349; Fast Food Industry Award  FWCFB 4679; Penalty Rates Decision  FWCFB 1001,  FWCFB 1551 and  FWCFB 3001.
Acting in unfair dismissal applications – see, for example, Gosek v Illawarra Coal Holdings Pty Limited  FWC 4574; Gilbert v Asciano Services Pty Limited  FWC 364; Custovic v State of NSW  NSWIRComm 1007; Booshands v Sneaths Freightlines Pty Limited  FWA 1843; Trezise v Universal Music Australia Limited  FWA 5960; Lindsay v Uniting Church of Australia Property Trust (NSW)  FWA 8439; Bell v Linfox Australia Pty Limited  NSWIRComm 1025; Scoullar v Campbell Brothers Limited  NSWIRComm 1118; de Briais-Backer v Hyman Bros Limited  NSWIRComm 1116.
Acting in discrimination applications – see Fraser-Kirk v David Jones Limited  FCA 1060; Poniatowska v Employment Services Australia Pty Limited  FCA 680,  FCAFC 92 and  HCATrans 21.
Acting in industrial entitlement applications – see, for example, CFMMEU v Sunset Power International  FWCFB 4727; CFMEU v Anglo Coal (Drayton Management) Pty Limited  FCA 689; CFMEU v Anglo Coal (Callide Management) Pty Limited  FCA 696 and  FCAFC 57; Coal & Allied Mining Operations Pty Limited v Doran  FCA 1048; Abigroup Contractors Pty Limited v CFMEU  FWAFB 24; CFMEU v Queensland Coal and Oil Shale Mining Industry (Superannuation) Limited  FCA 787; Roberts v Stewart Hicks Real Estate  NSWIRComm 138.
Acting in contested enterprise agreement approval applications – see, for example, Re BigW  FWC 1808; Re Woolworths Group Limited  FWCA 7 and  FWCFB 2355; CFMEU v One Key Workforce Pty Limited  FCA 1266; Re Peabody Moorvale Pty Limited  FWCFB 2042; Re AMOU  FWC 8003 and  FWCFB 1151; CFMEU v B J Jarrad Pty Limited  FWCFB 8740; CFMEU v Pilbara Iron (Company) Services Pty Limited  FCA 822,  FCAFC 91 and  HCATrans 37; see also Re Operational Ambulance Officers (State) Award  NSWIRComm 61.
Acting in industrial disputes – see, for example, AMWU v AGC Industries Limited  FWC 6787; Goodwin v Ministry of Health  NSWIRComm 1044; Re Griffin Coal Mining Company Pty Limited  FWCFB 4620; USU v Eraring Energy  NSWIRComm 23; Re Mater Misericordiae Health Services Brisbane Limited  FWC 2019; Re Farstad Shipping (Indian Pacific) Pty Limited  FWAFB 1686; Re Qantas Airways Limited  FWAFB 7444; HSU v Department of Health  NSWIRComm 145; Re LHMU  FWA 920; AMWU v Delta Electricity  NSWIRComm 154; Labor Council of NSW v Delta Electricity  NSWIRComm 39; NUW v Delta Laboratories  NSWIRComm 1079; MEAA v SBS  AIRC 932; CFMEU v Delta Electricity  NSWIRComm 135.
Acting in summary occupational health and safety prosecutions – see, for example, Comcare v John Hollan Pty Limited  FCA 501; Bastian v Medicraft Hil-Rom Australia Pty Limited  NSWIRComm 34; WorkCover Authority v OSS World Wide Movers Pty Limited  NSWIRComm 81; WorkCover Authority v Australand Holdings Limited  NSWIRComm 153 and  NSWIRComm 223; WorkCover Authority v Hunter Douglas Limited  NSWIRComm 56; WorkCover Authority v Rose  NSWIRComm 325; WorkCover Authority v Ritchie  NSWIRComm 384; WorkCover Authority v JR Haulage Pty Limited  NSWIRComm 457; WorkCover Authority v Thiess Pty Limited  NSWIRComm 325; WorkCover Authority v Hansen Yuncken Pty Limited  NSWIRComm 314; WorkCover Authority v Develco Project Pty Limited  NSWIRComm 97.
Acting in summary criminal prosecutions – see, for example, Kemp v Walker  NSWSC 490.
Acting in anti-bullying applications – see, for example, Pham v Property Council of Australia  FWC 5494.
Acting in long running litigation – see, for example, Gough & Gilmour Holdings Pty Limited v Caterpillar of Australia Limited  NSWIRComm 87;  NSWCA 83;  HCATrans 210;  NSWIRComm 3;  NSWIRComm 3;  NSWIRComm 8;  NSWIRComm 26;  NSWIRComm 44;  NSWIRComm 173;  NSWIRComm 354;  NSWIRComm 379,  NSWIRComm 208; see also the Lane Cove Tunnel occupational health and safety prosecutions ( NSWIRComm 26).
Liability limited by a scheme approved under Professional Standards Legislation.