Brendan J Avallone
Bar roll 2015
Admitted
2001
- Commercial Law Employment & Industrial
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He signed the Bar Roll on 22 October 2015, was admitted as a lawyer on 2 April 2001, and has appeared in a number of significant cases in the Federal Court of Australia, other Courts, and the Fair Work Commission.
Brendan acts and advises in matters including industrial action, enterprise bargaining, industrial disputes, contractual disputes, executive employment, disciplinary and performance matters, general protections claims, unfair dismissal applications, underpayment claims and employment discrimination claims.
Brendan's practice has been ranked in peer review journals including:
- Doyle's Guide 2023 Leading Employment Law Junior Counsel – Australia (Preeminent) (listed since 2018) and Victoria (Preeminent) (listed since 2017)
- The Best Lawyers in Australia 2024 (Labour and Employment Law) (since 2018)
- Lawyer of the Year: Labour and Employment Law, Melbourne, 2023 - The Best Lawyers in Australia
- Chambers and Partners 2024 (Employment: The Bar – Australia, Band 2) (since 2021)
- Legal 500 Asia Pacific – Commercial Disputes (Leading Junior Counsel)
- Doyle's Guide 2023 Workplace Health & Safety -Victoria (Recommended) (since 2017)
Liability limited by a scheme approved under the Professional Standards Legislation
Contact
Correspondence
- P03 9225 6470
- M0419 543 877
- E[email protected]
- Connect on Linkedin
Chambers & Clerk
Aickin Chambers
Level 22 Room 07
200 Queen Street
Melbourne VIC 3000
Jane King
03 9225 8558
Expertise
Employment & Industrial
- Appellate
- Employment Contracts
- Industrial Disputes
- Public Sector Appeals
- Restraint of Trade
- Statutory Employment Rights
- Discrimination
Commercial Law
- Contractual Disputes
Public Law
- Discrimination
Qualifications
Qualifications
Master of Laws
Bachelor of Laws (Hons)
Bachelor of Commerce (Hons)
Admitted
Victoria
Entitled to practise in
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Recent Cases
Selected cases since joining the Victorian Bar
- Acting for Coles Supermarkets Australia Pty Ltd in a significant proceeding involving alleged underpayment of salaried employees – judgement reserved by Perram J (junior to Rachel Doyle S.C., Marc Felman KC and Jonathan Kirkwood S.C., also appearing with Anna Batrouney and James Page)
- National Tertiary Education Industry Union v Royal Melbourne Institute of Technology and RMIT Training Pty Ltd [2023] FWC 1729 - opposing application for protected action ballot order – meaning of “notification time” (with Stephanie Cheligoy)
- Australian Education Union v State of Victoria (Department of Education) (PR762936) –determination of dispute about application of enterprise agreement – off duty time while on school camps (junior to Chris O’Grady KC)
- Thompson v Ventia Australia Pty Ltd [2023] FWC 904 and Pelly v Ventia Australia Pty Ltd [2023] FWC 907 (Pelly decision is subject of an appeal)
- Pilbrow v The University of Melbourne [2022] FedCFamC2G 1001 – opposing general protections application (decision subject of an appeal) (with Chris McDermott)
- Airservices Australia v Civil Air Operations Officers' Association of Australia [2022] FCAFC 172 – appeal regarding jurisdiction, penalties and declarations – penalties reduced on appeal (junior to Chris O’Grady KC)
- Australian Manufacturing Workers' Union (AMWU) v Viva Energy Australia Pty Ltd [2022] FWC 668 - 29 March 2022 - dispute about the application of an agreement
- Lendlease Building Contractors Pty Limited v Australian Building and Construction Commissioner (No 2) [2022] FCA 192 - (junior to Paul O’Grady QC)
- EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2021] FWCFB 6037 – appeal regarding proper interpretation of enterprise agreement
- Transport Workers' Union of Australia v Prosegur Australia Pty Ltd [2021] FWCFB 1562 – appeal regarding degree of particularity required as to nature of industrial action in ballot questions for a protected action ballot order
- ISG Management Pty Ltd v Mutch [2020] FCAFC 213 – appeal regarding application to de-class employment class action (junior to Frank Parry QC and Dr Catherine Button QC, also with Daniel Snyder)
- Ealwin Pty Ltd & Anor v Master Builders Association of NSW [2020] VCC 561 – breach of contract and negligence relating to employer association’s drafting of enterprise agreement
- Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2020] FCAFC 50 – application for prerogative relief quashing Fair Work Commission decision not to vary agreement to remove ambiguity/uncertainty (junior to Chris O’Grady QC)
- Fair Work Ombudsman v NSW Motel Management Services Pty Ltd & Ors (No 2) [2018] FCCA 1935 –proceeding against employer and two directors for underpayments and other contraventions. See also [2019] FCCA 2638 and [2018] FCCA 2330
- Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Geelong Grammar School Case) (No 2) [2019] FCA 1498 – penalties for contravention of Fair Work Act 2009 right of entry provision - see also [2018] FCA 1698 and Declarations dated 11 December 2018 and 24 December 2018
- The Environmental Group Ltd v Bowd [2019] FCA 951– appearing for employer (ASX listed company) and managing director to oppose claim by former CEO of adverse action contrary to Fair Work Act 2009 and victimisation contrary to the Corporations Act 2001 (with Dan Christie).
- Sodexo Remote Sites Australia Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union & Australian Workers’ Union [2019] FWCFB 690 – appeal natural justice
- Specialist Diagnostic Services Pty Ltd t/a Dorevitch Pathology Workplace Determination [2018] FWCFB 5778 – making of a Workplace Determination
- United Firefighters' Union of Australia v Emergency Services Telecommunications Authority t/a ESTA 000 [2018] FWCFB 5624 – appeal – dispute about application of enterprise agreement
- Choppair Helicopters Pty Ltd and Anor v Bobridge [2018] FCA 325 and Choppair Helicopters Pty Ltd v Bobridge (No 2) [2018] FCA 700 – appeal – alleged award underpayments including superannuation – order for payment of compensation by person “involved” under s550
- EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union [2017] FWCFB 3574 (10 July 2017) – appeal against decision in relation to decision about the application of an enterprise agreement
- Minister for Industrial Relations for the State of Victoria v AGL Loy Yang Pty Ltd and others [2017] FWC 2533 – application for an Order to terminate protected industrial action (junior to Frank Parry QC)
- Halici v KDR Victoria Pty Ltd T/A Yarra Trams (No.3) [2017] FCCA 764 and Halici v KDR Victoria Pty Ltd T/A Yarra Trams (No.2) [2016] FCCA 1391 – opposing an application alleging false imprisonment, contravention of an enterprise agreement and breach of contract (junior to Chris O’Grady QC)
- Heading v Secretary of the Department of Education and Training on behalf of the State of Victoria [2017] FWCFB 1352 (7 April 2017) – opposing appeal regarding application of an enterprise agreement
- Construction, Forestry, Mining and Energy Union v AGL Loy Yang Pty Ltd [2017] FWCFB 1019 - opposing appeal against termination of an enterprise agreement (junior to Frank Parry QC)
- Winters v Fogarty and others [2017] FCA 51 (2 February 2017) – acting for second and third respondents to strike out of claim alleging contravention of discrimination laws during Court-ordered mediation (junior to Rachel Doyle S.C.)
- Volunteer Fire Brigades Victoria v Country Fire Authority (Discovery ruling) [2016] VSC 573 – Discovery obligations - expedited hearing (junior to Chris O’Grady QC).
- AGL Loy Yang Pty Ltd v Construction, Forestry, Mining and Energy Union and others (PR582599) – application for Order that industrial action (ban on overtime) stop, not occur and not be organised
- Construction, Forestry, Mining and Energy Union v EnergyAustralia Yallourn Pty Ltd [2016] FWC 3961 - dispute about interpretation of enterprise agreement concerning ability of non-EBA employees to perform work also performed by EBA employees
- Turner v Australia Post [2016] FWC 801 - jurisdictional objection to unfair dismissal application (applicant was not an employee - company was an independent contractor)
- Australian Nursing and Midwifery Federation v Ryman HealthCare [2015] FWC 8790 – opposing a majority support determination under the Fair Work Act 2009
- Australian Commercial Catering Pty Ltd v Fair Work Commission and Powell and Togia [2015] FCAFC 189 – judicial review of Fair Work Commission Full Bench decision, relating to ‘acceptable alternative employment’ and redundancy. See also Australian Commercial Catering Pty Ltd v Powell and Togia [2016] FWCFB 5467.