Jeffrey Phillips SC

Jeffrey Phillips SC of Denman Chambers, Sydney, is a member of the Thomson Reuters National Workplace Relations Editorial Board. Jeffrey is the co-author of the legal textbook Unfair Contracts in New South Wales - An Examination of Section 106 of the Industrial Relations Act. Find out more about Jeffery Phillips SC at his website www.jeffreyphillipssc.com.

The end of revolutionary justice

By Jeffrey Phillips SC on March 11, 2010

Kirk v Industrial Court of New South Wales [2010] HCA 1 (3 February 2010).

In its first decision of 2010, the High Court has handed down a very important judgement concerning the conduct of occupational health and safety prosecutions in New South Wales. The High Court has rebuked both the WorkCover Authority and the Industrial Court of New South Wales not only in the way this case was dealt with, but also in the way others have been handled for many years.

Posted in Commentary | Tagged appellate review, foreseeability, industrial court nsw, jurisdictional error, kirk, occupational health and safety, WorkCover | Leave a response

Case Note: Strike action – not so fast comrade

By Jeffrey Phillips SC on February 1, 2010

The Full Bench of Fair Work Australia last December handed down two decisions which show that the Tribunal, despite its ability to approve protected industrial actions in certain circumstances, will only do so when the Applicants for such protection comply with the complex technical regime set out in the Fair Work Act 2009 (Cth).

Posted in Commentary | Tagged CEPU, enterprise agreements, Fair Work Australia, industrial action, notice requirements, protected action ballot | Leave a response

Case note: “I am the Good Shepherd, I Know My Sheep and They Know Me”: John 10:11, 14-15

By Jeffrey Phillips SC on December 15, 2009

Andonovski v Park Tec Engineering Pty Ltd [2009] NSWCA 305.

Many cases come before the courts where the Plaintiff does not know whether he or she is an employee, and, if he or she is an employee, the identity of the employer. Andonovski v Park Tec Engineering Pty Ltd is such a case which has been decided by the NSW Court of Appeal on 27 October 2009.

Posted in Commentary | Tagged identity of employer, independent contractors, limitations, subsidiary companies, workers compensation | Leave a response

Case note: Fair work “adverse action” claim wins interlocutory injunction

By Jeffrey Phillips SC on December 1, 2009

Jones v Queensland Tertiary Admissions Centre Ltd [2009] FCA 1382 (25 November 2009). Justice Collier of the Federal Court has issued an interlocutory injunction in favour of an Applicant to stop her potential dismissal.

This case is further evidence of the various uses which some of the provisions of the Fair Work Act will be able to reveal as useful adjuncts to employment disputes even for people who are not otherwise covered by industrial instruments.

Posted in Commentary | Tagged adverse action, ASU, bargaining representative, breach of contract, enterprise agreements, harassment, interlocutory injunction | Leave a response

Case note: Let’s kill all the lawyers*

By Jeffrey Phillips SC on October 30, 2009

Hughes v Mainrange Corp Pty Ltd [2009] FMCA 1025 (9 October 2009).

This decision of Federal Magistrate Lucev gives some guidance concerning legal representation in cases heard under the small claims procedures found in the Fair Work Act 2009 (Cth). The court said that this was the first occasion on which the right to appear by a lawyer under the small claims procedures had arisen (at [2]).

Posted in Commentary | Tagged legal representation, small claims | Leave a response

Case note: Don’t pay the Ferryman*

By Jeffrey Phillips SC on October 26, 2009

Australian Maritime Officers Union v Sydney Ferries Corporation [2009] FCAFC 145 (15 October 2009).

A unanimous decision of the Full Court of the Federal Court has upheld an appeal in relation to whether income protection provisions contained in a Workplace Agreement were prohibited content.

Posted in Commentary | Tagged income protection, industrial dispute, prohibited content, workplace agreement | Leave a response

Case note: Letters of thanks, letters from banks*

By Jeffrey Phillips SC on October 19, 2009

Australian Postal Corporation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2009] FWAFB 599 (12 October 2009).

A Full Bench of Fair Work Australia have for the first time by a Full Bench, made a determination that an employer is sufficiently interested in an application for a protected action ballot made under the Fair Work Act 2009 (the Act) and that it can be heard not only below, but also on appeal.

Posted in Commentary | Tagged CEPU, employment relationship, Fair Work Australia, industrial action, protected action ballot, strike action | 1 Response

Casenote: Unlawful industrial action pays the price

By Jeffrey Phillips SC on October 13, 2009

Draffin v Construction, Forestry, Mining and Energy Union [2009] FCAFC 120 (10 September 2009)

A Full Court of the Federal Court has overturned a decision of a single Federal Court Judge on the question of the appropriate penalties to be imposed upon a union and a number of its officers in relation to coercive conduct.

Posted in Commentary | Tagged AWAs, BCII, coercive conduct, industrial action, penalty, unions | Leave a response

Casenote: Conciliation on Steroids

By Jeffrey Phillips SC on October 2, 2009

Construction, Forestry, Mining and Energy Union (NSW Branch) and Macquarie Generation [2009] NSWIRCOMM 160 (30 September 2009)

The Full Bench of the NSW Industrial Relations Commission, comprising Vice-President Walton J, Sams DP and Stanton C, has handed down a statement setting out the resolution of a lengthy, complex industrial dispute by the IRC using what has become colloquially known as the “BlueScope Model”.

Posted in Commentary | Tagged BlueScope Model, conciliation and arbitration, NSWIRC, Work Choices | Leave a response

Casenote: The slough of despond

By Jeffrey Phillips SC on September 25, 2009

Gough & Gilmore Holdings Pty Ltd & Ors v Caterpillar Australia Limited & Ors [2009] HCA Trans 210 (4 September 2009).

The High Court has refused Gough & Gilmore special leave to appeal against the NSW Court of Appeal judgment denying jurisdiction for the dealership agreements and related matters pursuant to s 106 of the Industrial Relations Act 1996 (NSW).

Posted in Commentary | Tagged Fair Work Act, independent contractors, trucking cases, unfair contracts | Leave a response

Jeffrey Phillips SC

The end of revolutionary justice

Case Note: Strike action – not so fast comrade

Case note: “I am the Good Shepherd, I Know My Sheep and They Know Me”: John 10:11, 14-15

Case note: Fair work “adverse action” claim wins interlocutory injunction

Case note: Let’s kill all the lawyers*

Case note: Don’t pay the Ferryman*

Case note: Letters of thanks, letters from banks*

Casenote: Unlawful industrial action pays the price

Casenote: Conciliation on Steroids

Casenote: The slough of despond

Poll: Fair Work Bill

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