Leo Saunders

Intractable bargaining determination.

Application for cooling off order in light of IBD application resisted.

Commonwealth Bank required to give undertakings to correct BOOT issues and misrepresentations to employees during bargaining.

Approval of enterprise agreement quashed.

Approval of enterprise agreement quashed.

Review of wage fixing principles, matter ongoing.

Correct coverage of workers in ‘dark stores’.

Increased wage increases for Sydney Trains and NSW Trains employees achieved.

Wage claim for NSW fire fighters, application of wage fixation principles.

Insertion of overtime provisions for the first time into the Professionals Award.

Led by M Gibian SC, Health Services Union’s successful claim for significant wage increases for aged care workers.

Led by I Taylor SC, substantial wage increases for Early Childhood Teachers achieved via work value application.

Improvements to terms, application to reduce conductions resisted.

Review of wage rates, training bonds.

Led by D Chin SC, 19% pay increase for school support staff awarded.

Urgent s.424 application, decision stopping action quashed on appeal.

Commission obliged to make post-termination workplace determination notwithstanding subsequent imposition of enterprise agreement (judicial review pending).

University claim that industrial action not properly notified refused.

Application to restrain industrial action at Sydney Trains and NSW Trains.

Availability of interim order in s.424 application inside 5 day limit.

Pre-emptive employer response action prohibited.

Consideration of immunity provisions, availability of 'quia timet' injunction to restrain otherwise protected industrial action.

Agreement interpretation, correct leave entitlements for shiftworkers.

Interpretation dispute, power of Commission to make orders.

Safety net contractual entitlement – ‘redundancy contracts’.

Interpretation of overtime clause for casual shiftworkers – class action settlement approval.

Impact of minimum wage review decisions on copied state instruments containing internal wage increases; audit orders and substantial penalty ordered.

Interpretation of trade union rules.

Availability of high income guarantee clause considered.

Interpretation of union rules, led by M Gibian SC.

Interpretation of enterprise agreement, meaning of ‘renegotiate’.

Led by M Gibian SC, question of ‘lawful and reasonable directions’ and extra claims considered.

Scope of ‘employer response action’ considered, employer lockout held not to be protected industrial action.

Dispute about above-award arrangements, status quo recommendation made.

Dispute about changes to crewing levels, status quo orders made.

Dispute re remedial action and Commission’s power to intervene.

Decision by regulator to set aside provisional improvement notice quashed.

Led by I Taylor SC in Full Federal Court and High Court; correct construction of ‘day’ of leave in section 96 of the Fair Work Act 2009 (Cth).

Led by M Gibian SC; dentist found to be employee for the purposes of the Superannuation Guarantee (Administration) Act 1992. Special leave refused in S137/2020.

Legality of stand down of aircraft maintenance engineers.

Interpretation of allowance clause, backpay.

Interpretation of rostering principles.

Currently the leading Fair Work Commission case on the correct interpretation of enterprise agreements.

Pregnancy discrimination, claimed failure to offer employment.

Age discrimination in education.

Misconduct dismissal, worker reinstated.

Availability of appeal of partial findings i.e. valid reason only.

Misconduct dismissal, worker reinstated.

‘Unprecedented’ employer application for confidentiality orders refused.

Misconduct dismissal, worker reinstated.

General protections application, appropriateness of remote hearings considered.

Interim injunction restraining termination of employment while AHRC complaint on foot made.

Applicant employee dismissed for misconduct, reinstatement order made.

Appeal in respect of misconduct dismissal.

Misconduct dismissal, compensation order made.

General protections contravention involving dismissal.