Level 6
169 Phillip Street
Sydney NSW 2000

Administrative & Public Law
Civil & Human Rights
Discrimination Law
Employment
Industrial Relations
Inquiries & Royal Commissions
Maritime Law
Public Law
Professional Discipline
Regulatory
Statutory Tribunals
Workplace Health & Safety

Bachelor of Commerce (Industrial Relations) (UNSW) – 1995

Bachelor of Laws (UNSW) – 1995

Chambers and Partners: 2019 to 2025
Employment Law: The Bar
Dispute Resolution

Legal500: 2024
Commercial Disputes

Doyles Guide: 2016 to 2025
Employment Law Barristers

Best Lawyers 2023 and 2024
Employment Law

Some matters in which Michael is currently and has been recently instructed include:

– Woolworths Australia in a major underpayment class action and regulatory proceedings commenced by the Fair Work Ombudsman (the largest underpayment claim in Australian history involving a large cohort of employees, lasting 7 weeks in the Federal Court of Australia)

– Sydney Trains in proceedings in the Federal Court of Australia to stop industrial action including the bans placed on the use of Opal Card Machines in 2022 and an application for the termination of protected industrial action in the Fair Work Commission because of its economic and welfare impact on the New South Wales population in 2019

– NSW Trains in a high profile industrial dispute in the Fair Work Commission and the Federal Court of Australia concerning union bans placed on the introduction of the new work practices and configuration on the new intercity Mariyung Fleet

– Fair Work Ombudsman in various underpayment, industrial action, sham contracting and general protections claims including proceedings in the Federal Court of Australia against the Commonwealth Bank of Australia arising out of a self-disclosure of underpayments for serious contraventions under s 557A of the Fair Work Act 2009 (Cth) relating to the invalid use of individual flexibility arrangements and the failure to implement annualised salaries correctly under its enterprise agreement

– Australian Building and Construction Commissioner and the Fair Work Ombudsman against various unions and their officials in numerous proceedings in the Federal Court of Australia for contraventions of the Fair Work Act 2009 (Cth) and the Building and Construction Industry (Improving Productivity) Act 2015 (Cth) including relating to unlawful industrial action, unlawful picketing, wrongful right of entry and industrial coercion claims

– Fair Work Ombudsman in various test cases in the Federal Court of Australia concerning sham contracting, unreasonable working hours, accessorial liability, the impact of corporate insolvency on underpayment claims, workplace discrimination and coercion, freedom of association, interference with workplace inspectors and the exploitation of vulnerable workers

– ClubsNSW in a high profile claim made by Troy Stolz, an alleged whistleblower in the Federal Court of Australia  involving claims of misclassification as an independent contractor, unpaid employee entitlements, workplace defamation, coercion and theft of confidential information

– National Rugby League in the Fair Work Commission and the Federal Court of Australia in relation to the validity of its use of maximum term contracts for the engagement of professional match officials

–  Commonwealth of Australia in a class action in the Federal Court of Australia claiming that the Commonwealth is an accessory to underpayment contraventions by major universities by the provision of Commonwealth scholarships to post-graduate research students

– BlueScope Steel in a large union class action claim in the Federal Court of Australia and on appeal to the Full Federal Court concerning the calculation of superannuation entitlements of employees paid an annual salary incorporating prepaid overtime

– National Australia Bank in a general protection claim by a former employee before the Federal Circuit Court and the Full Federal Court which is now the leading authority on the meaning and operation of a person being able to make a complaint or inquiry in relation to their employment under s 341(1)(c)(ii) of the Fair Work Act 2009 (Cth)

– Hillsong Church involving whistleblowing complaints made by a former senior financial manager concerning alleged contraventions of charities, taxation and corporations legislation in proceedings before the Federal Court of Australia

– Bellamy’s Organic in relation to alleged whistleblowing complaints made by a former Chief Executive Officer in proceedings before the Federal Court of Australia

– Flick Anticimex in relation to sexual harassment complaints against a former senior executive in the Federal Court of Australia

– St Vincent’s Hospital in relation to a disability discrimination claim in the Federal Court of Australia involving questions of the pleading of hypothetical comparators, the nature and identification of reasonable adjustments and the proof of the inherent requirements exception

– the Commissioner of Police in various proceedings before the High Court, NSW Court of Appeal, Supreme Court and Industrial Relations Commission concerning claims of police officers removed from office or subjected to disciplinary and non-disciplinary action including jurisdictional questions

– Network Ten in relation to the high profile claim made by Tegan George in the Federal Court of Australia alleging a sexist working culture at its Canberra political bureau involving Peter van Onselen

– the Commissioner of Police in  a disability discrimination claim in the Federal Court of Australia and on appeal in the Full Federal Court made by a police officer who claimed that he had his status as a Leading Senior Constable revoked because of disability raising the status of police officers as employees

– the Commonwealth of Australia in relation to a racial discrimination and vilification complaint in the Federal Circuit Court and on appeal to  Full Federal Court of Australia made by a former Indigenous employee arising out of use of offensive racial language in the workplace

– Dick Stone, a large meat retailer, in proceedings in the Federal Court relating to the correct characterisation of its operations for the purposes of the Meat Industry Award, unreasonable working hour contraventions and the application of set-off of an annualised salary against award entitlements

– the Pharmacy Guild of Australia in the application before the Fair Work Commission and the Federal Court of Australia to reduce penalty rates and adjust minimum wages based on work value considerations

– Andrew Quirk and Brian Miller, former elected officials of the CFMMEU, in proceedings before the Federal Court and on appeal in the Full Federal Court involving allegations of serious internal corruption made to the Trade Union Corruption Royal Commission and reported to the media giving rise to contested questions of freedom of association, freedom of political opinion and internal union governance

– the NSW Government agencies and Woolworths in relation to the lawfulness of their COVID-19 vaccination mandate and action take against employees for their failure to comply

– Cushman & Wakefield, IPH Limited, Heidrick & Struggles, Devine Real Estate, Guy Carpenter and other employers in the Supreme Court of NSW and the Federal Court of Australia in relation to the enforcement of contractual, equitable, statutory and post-employment obligations against former senior executive employees especially arising out of coordinated team moves, theft of confidential information and intellectual property and the diversion of business opportunities and client relationships to competitors

– Bluescope Steel in proceedings in the Federal Court of Australia to prevent industrial action at Port Kembla Steelworks which was likely to significant permanent damage to its blast furnace based on common law tortious claims

– Tomago Aluminium in an application before the Fair Work Commission to prevent industrial action which had the potential to cause significant damage to large expensive equipment and give rise to significant work health and safety concerns because of the failure to effect an orderly shutdown of the refinery

– CSL Australia [Canada Shipping Lines] in proceedings before the Fair Work Commission and the Federal Court of Australia arising out of its decision to re-flag its Australian flagged fleet and replace its Australian crew with foreign crew raising novel questions of the extra-territorial operation of Australian workplace relations legislation, the application of Australian cabotage laws, public and private international law, freedom of association and the Court’s power to order crew to disembark vessels for trespass and piracy

– Westpac Banking Corporation in a high profile unfair dismissal claim before the Fair Work Commission arising out of a secret workplace romance between a senior manager and a junior female colleague leading to allegations of conflict of interest, sexual harassment and domestic violence and is often cited as the leading case on the #metoo movement

– NSW Government Departments and agencies in industrial disputes and employment claims in various jurisdictions including for the Commissioner of Police; the Ministry of Health; the Department of Education; the Department of Communities and Justice; Transport for New South Wales; the Department of Customer Service; and the Department of Regional NSW