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Experience

For 30 years, Richard has conducted a national practice as a workplace relations lawyer, having acted for most of the significant employers in Australia across all industries, including coal and metalliferous mining, offshore oil and gas, airlines, stevedoring, transport and logistics, building and construction, power generation, telecommunications and manufacturing. Richard has also acted extensively for government and public sector employers, as well as regulators.

Richard has extensive experience as a trial and appellate advocate in federal and state courts and tribunals in the full range of industrial and employment matters.

Recent cases include:

Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569 (5 June 2023)

Megan Willoughby v Jetstar Airways Pty Ltd [2023] FWC 899 (17 April 2023)

Qube Ports Pty Ltd [2023] FWC 508 (1 March 2023)

Fortrend Securities Pty Ltd v Wollermann [2023] FCA 70 (9 February 2023)

Application by Maurice Alexander Management Pty Ltd [2022] FWC 3236 (19 December 2022)

CBRE (C) Pty Ltd v Daniel Thomas & Ors [2022] VSC 636 (24 October 2022)

State of Victoria, Victoria Police v Milka Bateson [2022] FWC 2655 (4 October 2022)

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The U-Vet School Case) [2022] FCA 1068 (12 September 2022)

Murdock v Virgin Australia Airlines Pty Ltd [2022] FCA 1074 (9 September 2022)

Annunziata Cinque v Jetstar Airways Pty Ltd [2022] FWC 2235 (24 August 2022)

Transport Workers' Union of Australia v Qantas Airways Limited (No 5) [2022] FCA 782 (1 June 2022)

Stuart Tween v Qantas Airways Ltd [2022] FWC 1594 (22 June 2022)

Transport Workers' Union of Australia v Qantas Airways Limited (No 4) [2021] FCA 1602

Flight Attendants' Association of Australia [2021] FWC 6537 (7 December 2021)

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The DoubleTree Hilton Case) [2021] FCA 1468

Transport Workers' Union of Australia v Qantas Airways Limited (No 3) [2021] FCA 1339

Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030

Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873 (30 July 2021)

Retail and Fast Food Workers Union Incorporated v Coles Supermarkets Australia Pty Ltd [2021] FWCFB 4414 (23 July 2021)

Chief Commissioner of Police v IHF and Police Registration and Services Board [2021] VSCA 147 (3 June 2021)

Sabapathy v Jetstar Airways (No 2) [2021] FCAFC 68

Summers v Qantas Airways Limited [2021] FCA 391 (21 April 2021)

Sabapathy v Jetstar Airways [2021] FCAFC 25 (4 March 2021)

Lyon v Jetstar Airways Pty Ltd [2021] FWCFB 960 (23 February 2021)

Lion - Beer Spirits & Wine Pty Ltd v United Workers' Union [2020] FWC 6617 (8 December 2020)

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Inner City South State Secondary College Case) [2020] FCA 1147 (4 August 2020)

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The College Crescent Case) [2020] FCA 757 (5 June 2020)

Australian Workers’ Union and Australian Manufacturing Workers’ Union v Downer EDI Engineering Power Pty Ltd [2020] FWC 2539 (22 May 2020)

Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590 (7 May 2020)

Chevron Australia Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2020] FCA 451 (9 April 2020)

Shahin Enterprises Pty Ltd v Mathew [2020] FCAFC 57 (31 March 2020)

Compass Group (Australia) Pty Ltd & Compass Group Healthcare Hospitality Services Pty Ltd v Health Services Union [2020] FWCFB 504 (11 March 2020)

Australian Workers' Union, The [2020] FWC 1012 (25 February 2020)

Dasame Developments Pty Ltd & Ors v Pakenham Racing Club Inc [2019] VSC 816 (11 December 2019)

Esso Australia Pty Ltd T/A Esso v The Australian Workers’ Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; the Australian Manufacturing Workers’ Union [2019] FWC 6143

DP World Melbourne Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1209

Construction Forestry Maritime Mining and Energy Union v McConnell Dowell Constructors (Aust) Pty Ltd [2019] FCA 1376

Civil Air Operations Officers’ Association of Australia v Airservices Australia [2019] FCA 1542

Fair Work Ombudsman v A&S Wholesale Fruit & Vegetables Pty Ltd [2019] FCCA 1838

Fair Work Ombudsman v Hu (2019) 289 IR 240

Australian Building and Construction Commissioner v Powell (No 2) [2019] FCA 972

United Firefighters’ Union of Australian v Metropolitan Fire and Emergency Services Board; Country Fire Authority [2019] FWCFB 184

Minister for Industrial Relations for the State of Victoria v Esso Australia Pty Ltd (2019) 268 FCR 520

Australian Workers' Union v Registered Organisations Commissioner (No 7) [2019] FCA 195 (15 February 2019)

Treasury Wine Estates Vintners Limited v Pearson (2019) 268 FCR 12

Chi Nguyen v KDR Victoria Pty. Ltd. T/A Yarra Trams [2019] FWC 685 (6 February 2019)

Construction, Forestry, Maritime, Mining and Energy Union v Wagstaff Piling Pty Ltd [2019] FWCFB 102 (17 January 2019)

Victoria Police v The Police Federation of Australia (Victoria Police Branch) T/A The Police Association of Victoria [2019] FWCFB 305 (4 January 2019)

Catherine Thomas v KDR Victoria Pty Ltd t/a Yarra Trams [2018] FWC 2698

Illawarra Coal Holdings Pty Ltd t/a South32 v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2018] FWCFB 6562 (31 October 2018)

Application by the Construction, Forestry, Maritime, Mining and Energy Union for a right of entry permit to be issued to Mr Michael Kenneth Robinson [2018] FWC 1777 (12 April 2018)United Firefighters’ Union of Australia v Metropolitan Fire and Emergency Services Board T/A MFB; and Country Fire Authority[2018] FWC 4920

Application by the Construction, Forestry, Maritime, Mining and Energy Union for a right of entry permit to be issued to Mr Michael Ravbar [2018] FWC 2377 (15 May 2018)

BGC Contracting Pty Ltd [2018] FWC 1466 (12 June 2018)

Fair Work Ombudsman v Hu (No 2) [2018] FCA 1034 (12 July 2018)

Esso Australia Pty Ltd v "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU); The Australian Workers' Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2018] FWCFB 4120

Pilbara Iron Company (Services) Pty Ltd t/a Rio Tinto Iron Ore v Michael Ballam [2018] FWCFB 1747

Kaseries v Rasier Pacific VOF [2017] FWC 6610 (21 December 2017)

Pearson v Treasury Wines Estates [2017] SAET 182 (21 December 2017)

Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2017] FCA 1494 (11 December 2017)

Pilbara Iron Company (Services) Pty Ltd T/A Rio Tinto Iron Ore v Ballam [2017] FWC 6630 (11 December 2017)

Ballam v Pilbara Iron Company (Services) Pty Ltd (t/as Rio Tinto Iron Ore) [2017] FWC 6248 (28 November 2017)

Aerocare Flight Support Pty Ltd v Transport Workers' Union of Australia; Australian Municipal, Administrative, Clerical and Services Union [2017] FWCFB 5826 (27 November 2017); (2017) 270 IR 385

Australian Building and Construction Commissioner v ADCO Constructions Pty Ltd (No 3) [2017] FCA 1090 (15 September 2017)

BGC Contracting Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Australian Workers' Union; and Construction, Forestry, Mining and Energy Union [2017] FWCFB 2741 (5 July 2017)

Aged Care Services Australia Group Pty Ltd v Health Services Union & Australian Nursing and Midwifery Federation [2017] FWCFB 2806 (23 May 2017)

Kentz Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2017] FWCFB 2600 (11 May 2017)

Esso Australia Pty Ltd v Australian Workers' Union, Australian Manufacturing Workers' Union, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2017] FWCFB 2200 (20 April 2017)

Construction, Forestry, Mining and Energy Union v CSRP Pty Ltd [2017] FWCFB 2101 (19 April 2017); (2017) 270 IR 1

Australian and International Pilots Association v Qantas Airways Limited [2017] FCA 346 (22 February 2017)

Maritime Union of Australia v MMA Offshore Logistics Pty Ltd [2017] FWCFB 660 (1 February 2017); (2017) 263 IR 81

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Abseal Case) [2017] FCA 11 (19 January 2017)

Hutchings v Coles Group Supply Chain Pty Ltd [2017] FWCFB 50 (11 January 2017)

MSS Security Pty Ltd & MSS Strategic Medical Pty Ltd T/A MSS Security & MSS Strategic Medical v Construction, Forestry, Mining and Energy Union [2016] FWCFB 8931 (15 December 2016); (2016) 262 IR 365

Director, Fair Work Building Industry Inspectorate v ADCO Constructions Pty Ltd (No 2) [2016] FCA 1463 (7 December 2016)

Australian & International Pilots Association v Qantas Airways Ltd [2016] FCCA 2604 (10 October 2016)

United Voice v MSS Security Pty Ltd [2016] FCAFC 124 (23 August 2016)

Articles and papers include:

"Judicial Review of Decisions of the Fair Work Commission", Paper delivered at the Victorian Bar CPD seminar on 25 July 2019.

"Protected industrial action and terminating or suspending industrial action", Paper delivered at Law Institute of Victoria Workplace Law Group Annual Conference at Oaks on Market on 9 November 2012.

"Dealing with OHS representatives and OHS right of entry", Paper delivered at Legalwise Workplace Law Seminar at RACV Club Melbourne on 7 March 2012.

"Civil Penalty Proceedings under the Fair Work Act 2009 and the Building and Construction Industry Improvement Act 2005", Seminar Paper delivered at Law Institute of Victoria on 28 July 2011.

"A Costly Decision", Law Institute Journal, July 2009 (article dealing with the costs framework under the Fair Work Act 2009).

"Workers' Entitlements in Insolvency", Seminar Paper delivered at Legalwise Seminar "Corporate Insolvency: A Practical Guide", Melbourne, 15 September 2005. "Making Disputes Procedures Work", February 2003.*

http://www.findlaw.com.au/articles/default.asp?task=read&id=7654&site=GN "The Right to Strike in Australia", R. Dalton and R. Groom; Melbourne University Journal of International Law, Issue 1 Volume 1, December 2000.*

http://www.mjil.law.unimelb.edu.au/issues/archive/2000/2000-11Dalton.pdf “Inherent requirements of the particular position”, R. Dalton and J. Cooper, Australian Company Secretary, 1996 vol 48(7) Aug pp. 301-302.* (* as a solicitor).

From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.