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Monday - Friday
8.00am - 5.30pm

Phone
+61 2 92231522

Fax
+61 2 92237646

Email
f.hayden@statechambers.net

Address
Level 36,
52 Marin Place,
Sydney NSW 200

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Michael Easton

 

Contact Details

Phone: +61 2 9210 1473
Email: michael.easton@statechambers.net 

Date of Admission to the Bar

2004

Areas of Practice

  • Industrial
  • Discrimination
  • Employment
  • OH&S/work health and safety
  • Alternative dispute resolution
  • Commercial
  • Administrative
  • Restraint of trade


 

Practice Overview

Since coming to the Bar in 2004 Michael has built on his extensive experience in the industrial and employment law fields. His clients include large and small corporations, government agencies, executives and employees.

 


 

Case List

 

Fair Work Ombudsman v Sinpek Pty Ltd (In Liquidation) & Ors (No.4) [2020] FCCA 97 – Enforcement: proceedings, accessorial liability, case advanced upon false evidence, specific deterrence.

Fair Work Ombudsman v Sinpek Pty Ltd (in liq) (No 3) [2020] FCCA 88 - – Enforcement: proceedings, accessorial liability, case advanced upon false propositions and knowingly false evidence.

LiveBetter Services Ltd v Quarmby [2020] NSWSC 7 – Restraint of trade: balance of convenience, consideration of the impact of an injunction on third parties.

Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2020] NSWIRComm 1001 – Appeal: award interpretation, meaning of the word “arrangement” in the phrase “industrial instrument or arrangement”.

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Registered Organisations Commissioner v Australian Hotels Association (2019) 291 IR 83, [2019] FCA 1516 - Enforcement: contravention of FW(RO) Act, whether increase in number of penalty units applies retrospectively.

United Voice v St John Ambulance Australia (NT) Inc [2019] FWC 6611 – Enterprise bargaining: protected action ballot order, meaning of industrial action.

Barkly Region Alcohol and Drug Abuse Advisory Group Aboriginal Corporation v Naylor [2019] FCA 1292 - Stay application: s 553 of the FW Act, exercise of the Court's discretion to stay the balance of the proceeding.

Application for a New Award for Patient Transport Officers (No.2) [2019] NSWIRComm 1066Appeal: wage regulation, loss of amenities, employee-related costs, employee-related cost savings, productivity and efficiency considerations

Fair Work Ombudsman v A & S Wholesale Fruit Vegetables Pty Ltd [2019] FCCA 1838 – Enforcement: agreed penalty ranges, civil penalty orders.

PSA v IR Secretary [2019] NSWIRComm 1060 – Award interpretation: sheriff’s officers, courts organised on hub and satellite model.

Davie v Industrial Relations Secretary (Department of Justice, Corrective Services NSW) (No. 2) (2019) 290 IR 180, [2019] NSWIRComm 1056 – Appeal: jurisdictional objection, whether GSE Act impliedly repealed Ch 5 Pt 1 of the IR Act in respect of Public Service senior executive employees – whether privative provision in GSE Act precluded claims under Ch 5 Pt 1 of the IR Act by Public Service senior executive employees – principles to apply on implied repeal and on construction of privative provisions – consideration of meaning and effect of Commissioner of Police v Eaton [2013] HCA 2; (2013) 252 CLR 1Appeal from Davie v Industrial Relations Secretary (Department of Justice, Corrective Services NSW) [2019] NSWIRComm 1012

PSA v IR Secretary (Destination NSW) [2019] NSWIRComm 1052 – Awards: historical context of award coverage, meaning of other industrial instrument or arrangement, whether arrangement must be a collective arrangement, intention to maintain status quo with respect to coverage, change in coverage clause not intended to extend coverage to new groups of employees.

AWU v Secretary of the Department of Transport as Head of the Transport Service of New South Wales (RMS Group) (2019) 288 IR 295, [2019] NSWIRComm 1036 – Award Interpretation

Australian Education Union, NSW Teachers Federation Branch v Department of Education [2019] NSWIRComm 1039 - Industrial Dispute: qualifications of employees, school councilors.

CEPU v Kentz Pty Ltd [2019] FWC 1290 – s.739 Dispute: Principles of interpretation, industrial dispute, allowances and loadings.

Fair Work Ombudsman v Sinpek Pty Ltd (No 2) [2019] FCCA 630 – Procedure: Accessorial liability, privilege against exposure to civil penalty.

Fair Work Ombudsman v Sinpek Pty Ltd [2019] FCCA 628 – Procedure: cross-claim, equitable contribution, strike out principles.

IEU v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2019] FWC 123 – Dispute: Interpretation principles

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Fair Work Ombudsman v A to Z Catering Solution Pty Ltd (No 3) [2018] FCCA 3574, (2018) 342 FLR 46 – Enforcement: grouping provisions, multiple contraventions, assessment of pecuniary penalty

Sinden v HDR Inc [2018] FWCFB 6934 – Appeal: wrongly identified party, amendment.

Dr B v Health Secretary on behalf of a Local Health District [2018] NSWIRComm 1060– Appeal: dismissal of a surgeon, whether exercise of discretion disclosed error, proportionality. Appeal from Dr B v Local Health District [2018] NSWIRComm 1037

E v Secretary, Department of Education [2018] NSWIRComm 1041, (2018) 279 IR 1 – Dismissal: Deputy Principal of school, relationship with another teacher, convener of selection panel, conflict of interest, serious misconduct

The Australian Maritime Officers' Union v Svitzer Australia Pty Ltd [2018] FWC 1755 – s.739 Dispute: scheduling of work hours.

Secretary, NSW Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1007, (2018) 273 IR 190 – Appeal: wage regulations, evidence of employee related cost savings. Appeal from Re: Application for a New Award for Patient Transport Officers [2017] NSWIRComm 1024

Fair Work Ombudsman v A to Z Catering Solution Pty Ltd (No 2) [2018] FCCA 2299, (2018) 281 IR 366, (2018) 336 FLR 246 – Enforcement: accessorial liability, proof of contravention, admissions by corporate respondent, knowledge of accessory.

Andrade v Goodyear & Dunlop Tyres (Aust) Pty Ltd [2018] FCCA 634 – Enforcement: adding additional respondents.

Sydney Trains v Minister for Industrial Relations [2018] FWC 632, (2018) 277 IR 389 – Industrial Action: protected industrial action, endangering the welfare of part of the population, significant damage to an important part of the Australian economy.

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Rui Andrade v Goodyear & Dunlop Tyres (Aust) Pty Ltd David Hamilton Marcus Beh Robert Cross [2017] FWC 5393 – Dismissal: general protections application, extension of time.

Fair Work Ombudsman v Raying Holding Pty Ltd (No 2) [2017] FCCA 2148, (2017) 274 IR 174 – Enforcement: Accessorial liability, knowledge of the applicable law or industrial award.

PSA v Industrial Relations Secretary [2017] NSWIRComm 1075, (2017) 273 IR 110 – Jurisdiction: industrial disputes and related matters, disciplinary decision.

Staff Specialists (State) Award and other awards [2017] NSWIRComm 1065 - Wage regulations: managing excess employee provisions.

Alameddine v City of Parramatta Council [2017] NSWIRComm 1041 – Dismissal: physical altercation with members of the public.

Griffiths v Secretary of the NSW Department of Education; Dennaoui v Secretary of the NSW Department of Education [2017] NSWSC 1012 – Judicial review: stay of proceedings.

Re 4 yearly review of modern awards [2017] FWCFB 3541, (2017) 269 IR 125, Awards: 4 yearly review of modern awards, part-time employment and casual employment.

Fair Work Ombudsman v A To Z Catering Solution Pty Ltd & Anor [2017] FCCA 188 – Evidence: improperly obtained evidence.

Powell v Calvary Health Care ACT Ltd (t/as Calvary Public Hospital Bruce) [2017] FWC 1160 – Dismissal: assaulting and propositioning another employee

Re Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 [2017] NSWIRComm 1008, (2017) 266 IR 272 - s.19 Award Review process.

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APT Technology Pty Ltd v Aladesaye (No 2) [2016] FCA 203, (2016) 259 IR 335 - Breaches of contractual and fiduciary obligations, remedies, grant of permanent injunction to restrain use of information 

Re NSW Ambulance Death and Income Protection Benefits (State) Award [2016] NSWIRComm 5, (2016) 257 IR 331 Awards: Special Case principles, death and total or partial permanent disability insurance, wage regulation.

Application by Svitzer Australia Pty Ltd [2016] FWC 362 – Industrial action: protected industrial action, endangering the welfare of part of the population, maritime safety.

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Application by Australian Institute of Marine and Power Engineers [2015] FWC 8334 – Enterprise Bargaining: scope order, interim orders.

Re NSW Ambulance Death and Income Protection Benefits (State) Award [2015] NSWIRComm 42, (2015) 255 IR 188 (Full Bench) - death and disability award, provision for review, income protection alternative.

Svitzer Australia Pty Ltd v Australian Institute of Marine and Power Engineers [2015] FWC 7137 – s.739 Dispute: proposed roster changes.

Pace v New South Wales [2015] NSWIC 7 – Procedure: notices to produce, lack of legitimate forensic purpose.

Holmes v Balance Water Inc (No 2) [2015] FCCA 1093 - Enforcement: whether the applicant was an employee of one or more of the respondents.

Re Ausgrid [2015] FWC 1400, [2015] FWC 1600 and [2015] FWC 1603 – Industrial Action: whether action threatens to endanger welfare, health or safety, suspension order

Technical and Further Education Commission v Pykett [2015] FCAFC 42 – Judicial review: moot proceedings.

Namroud v LSR Autobody Pty Ltd [2015] FCCA 342 – Dismissal: alleged breach of general protections provisions.

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APT Technology Pty Ltd v Aladesaye [2014] FCA 966 – Equity: restraint, where no restraint provision in contract, restraint ordered to protect employer’s confidential information, ‘springboard’ principle

Re Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2014 [2014] NSWIRComm 33, (2014) 244 IR 268 – Wage regulation: exceptional circumstances, employee-related savings, improvements in efficiency and benefits to the community, interest-based bargaining.

PSA v NSW [2014] NSWCA 116, (2014) 242 IR 338 - Statutory interpretation: wage regulation, within power of enabling act, inconsistent with obligations of enabling act, Henry VIII clauses, regulatory not prohibitory, regulation removing jurisdiction to deal with matter not a policy on the matter

Singh v Legal Aid New South Wales [2014] NSWIRComm 1016 Public Sector Appeal: statutory construction, no power to extend time for filing.

Brown v Parramatta City Council [2014] NSWIRComm 1002 – Dismissal: aggravation of workplace injury and new injury, alternative suitable duties provided, applicant lost his drivers' licence for 12 months.

Applicant v Respondent [2014] FWC 2860 – Procedure: representation by a legal practitioner.

Fotiou v Nationwide News Pty Ltd [2014] FCCA 269 – Enforcement: Alleged misrepresentations as to terms and conditions of employment upon the transfer of a business

Appeal by Technical and Further Education Commission [2014] FWCFB 714 – Appeal: Genuine redundancy, reinstatement.

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Holmes v Balance Water Inc [2013] FCCA 1787 – Procedure: Leave to serve originating process outside Australia

Fire & Rescue (NSW) v Fire Brigade Employees' Union (NSW) [2013] NSWIRComm 63, (2013) 235 IR 261 Dispute: industrial action and industrial dispute orders.

Fire Brigade Employees' Union of New South Wales v Fire & Rescue NSW [2013] NSWIRComm 59Awards - Interim Awards.

Fire Brigade Employees' Union (NSW) v Fire & Rescue (NSW) [2013] NSWIRComm 57, (2013) 235 IR 234 – Appeal: Reinstatement, assault of a fellow employee.

Application by The Australian Workers' Union [2013] FWCFB 6266 – Awards: Review of modern awards.

Pykett v Technical and Further Education Commission (t/as TAFE NSW) (No 5) [2014] FWC 3177 – Dismissal: redundancy, operational requirements.

Re Emergency Medical Services Protection Association (NSW) [2013] NSWIRComm 35, (2013) 233 IR 400 – Registered Organisations: registration of a new industrial organisation, statutory interpretation, union rules.

Australian Rail, Tram and Bus Industry Union v Railcorp -Country Link [2013] FWC 2447 – Dispute: competency based training.

Munjoma v Salvation Army (NSW) Property Trust as Trustee for the Social Work [2013] FWC 3337 – Dismissal: procedure, strike out application.

Public Service Association and Professional Officers' Association Amalgamated Union (NSW) v Department of Education and Communities [2013] NSWIRComm 32, (2013) 233 IR 345 Appeal: wage regulation, excess employees. Appeal from Re Crown Employees (School Administrative and Support Staff) Award [2012] NSWIRComm 127

Greige v Fort Street Public School Parents Citizens' Association [2013] FCCA 1505 – Enforcement: Whether applicant was employee or independent contractor

Marjian v Rail Corporation (NSW) [2013] FWCFB 215 – Appeal: dismissal, significant delay in concluding investigation.

Fair Work Ombudsman v Metro Northern Enterprises Pty Ltd [2013] FCCA 216 – Enforcement: employee v sub-contractor, sham contracting.

Fair Work Ombudsman v EA Fuller & Sons Pty Ltd [2013] FCCA 5 – Enforcement: civil penalties, sham contracting.

Re Modern Awards Review 2012 [2013] FWCFB 6266, (2013) 236 IR 359 – Awards: transitional review, annual leave

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McMahon v Snowy Hydro Ltd [2012] FWA 8762 – Dismissal: inappropriate use of company computer and email access, storing and distributing pornography

Carter v Carenne Support Ltd [2012] FCA 1474, 300 ALR 90 – Corporations: jurisdiction, trading corporations.

Vij v Cordina Chicken Farms Pty Ltd [2012] FMCA 483, (2012) 222 IR 91 – Jurisdiction: labour hire, costs.

Marijan v Rail Corporation New South Wales (t/as RailCorp) [2012] FWA 5639 – Dismissal: contravention of procurement policy.

Brown v Health Services Union (No 4) [2012] FCA 1376 - Registered Organisations: dysfunctional registered organisations, extension of time for completion, access to documents on court file.

Director General of Education and Communities v NSW Teachers Federation [2012] NSWIRComm 92Industrial action: penalty for contravention of dispute orders.

Director-General, Department of Premier and Cabinet v HSUeast [2012] NSWCA 111, (2012) 219 IR 377 - Judicial review: wage regulation, jurisdictional error.

HSU east and Director-General Department of Finance and Services [2012] NSWIRComm 112 Wage regulation: jurisdictional question re employee related costs.

Katherine Jackson v Peter James Mylan [2012] NSWSC 552 – Procedure: cross-vesting application.

Vyramuthu v Challenger Cleaning Pty Ltd [2012] FWA 3403 – Dismissal: Assault, procedural fairness.

Brown v Health Services Union [2012] FCA 644, (2012) 205 FCR 548 – Registered Organisations: declaration that organisation has ceased to function effectively, no effective means under rules, scheme approved, terms and conditions of scheme, appointment of interim administrator, vacation of all offices, demerger.

Director-General of the NSW Department of Education and Communities and Managing Director of TAFE NSW v New South Wales Teachers Federation [2012] NSWIRComm 58 - Industrial action, penalty for contravention of dispute orders.

Roddy v Sydney Adventist Hospital Ltd [2012] FMCA 1199 Trade Practices: Alleged false and misleading conduct in employment, reasonable notice.

Carter v Carenne Support Ltd [2012] FCA 1474, (2012) 300 ALR 90 - Corporations power: s51(xx), trading corporations.

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IGA Distribution (Vic) Pty Ltd v Cong Nguyen [2011] FWAFB 4070, (2011) 212 IR 141 – Appeal: Dismissal, reinstatement to position no less favourable, jurisdictional error

Inspector Hall v Gillespies Cranes Nominees Pty Ltd [2011] NSWIRComm 169 – WHS prosecution.

Huggins v Mullins [2011] NSWSC 1123 – Judicial review: discipline matters.

PSA v Director of Public Employment (No 2) [2011] NSWIRComm 161 – Unfair Contract: excess employees.

Inspector Wade v Goldspring's Earthmoving Pty Ltd [2011] NSWIRComm 106– WHS prosecution.

PSA v Director of Public Employment [2011] NSWIRComm 100 – Unfair Contract: excess employees, interim orders.

Department of Health v Perihan Kaplan (No 4) [2011] NSWIRComm 63 – Dismissal: appeal, costs.

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Rahman v Riordan [2010] NSWCA 288 – Procedure: setting aside earlier decisions.

Fair Work Ombudsman v Essendene Security Pty Ltd [2010] FMCA 384, (2010) 195 IR 107 – Enforcement: involvement of sole director and manager, substantial mitigating circumstances, cooperation of person responsible, general and individual deterrence, discretion to impose no penalty.

Department of Health v Kaplan (No 3) [2010] NSWIRComm 170 – Appeal: remedy, admission of fresh evidence.

Department of Health v Perihan Kaplan (No 2) [2010] NSWIRComm 122 – Appeal: settlement, discontinuance.

CPSU v University of Western Sydney [2010] FMCA 246, (2010) 194 IR 90 – Enforcement: Breach of collective agreement by University, recruitment procedures, civil penalty considerations

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Workplace Ombudsman v Securit-E Holdings Pty Ltd [2009] FMCA 700, (2009) 187 IR 330 – Enforcement: course of conduct

Commissioner Ritchie in Kaplan v Health Support Service [2009] NSWIRComm 1097

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2009] FCA 1178 – Procedure: vacation of trial dates, discovery

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (New South Wales Branch) [2009] FCA 645, (2009) 178 FCR 461, (2009) 186 IR 17 – Unions: Right of entry under industrial law, OHS law, trespass.

New South Wales Nurses Association v Ramsay Health Care Australia Pty Ltd [2009] FMCA 579, (2009) 185 IR 1 – Enforcement: long service leave entitlements for periods of part-time employment.

Shop Distributive and Allied Employees' Association v Karellas Investments Pty Ltd [2008] FCAFC 42, (2008) 166 FCR 562, (2008) 171 IR 439, (2008) 247 ALR 537 – Collective Bargaining: false and misleading statements, ‘reasonable opportunity’ to decide whether to approve the workplace agreement. Appeal from Shop Distributive and Allied Employees' Association v Karellas Investments Pty Ltd (No 2) [2007] FCA 1425, (2007) 166 IR 51

Terry Cross Financial Services v Michael Misiti & Ors [2008] NSWSC 1365 – Restraint of trade.

Surfing Hardware International Holdings Pty Limited v McCausland [2008] FCA 1522 – Cross-venting, abuse of process, inconsistent pleadings.

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GridComm Pty Ltd v CEPU [2007] AIRCFB 827, (2007) 166 IR 435 – Appeal: estoppel by conduct, retrospective application of certified agreement.

Shop Distributive and Allied Employees' Association v Karellas Investments Pty Ltd (No. 2) [2007] FCA 1425 – Enterprise Bargaining: reasonable opportunity to decide.

Re Kitchen Design Systems Pty Ltd [2007] AIRCFB 403, (2007) 165 IR 127 – Appeal: jurisdiction, contract, intention to create legal relations, termination of contract by formation of new contract, contrivance to disguise nature of relationship.

Lee v Hills Before and After School Care Pty Ltd [2007] FMCA 4, (2007) 160 IR 440 – Dismissal, jurisdiction, absence due to illness or injury.

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Karabetsos v Connor Anderson International Pty Ltd [2006] FMCA 1437, (2006) 157 IR 99, (2006) 203 FLR 223 – Dismissal: jurisdiction, transition provisions.