Jim PearceAdmitted to the Bar in 1983

Areas of Practice

  • Industrial
  • Employment
  • Administrative
  • Constitutional
  • OH & S
  • Competition Law

More Information

Jim was admitted to the Bar in 1983 and has practiced full time since September 1989. Jim practices throughout Australia principally in Sydney, Brisbane and Melbourne. Jim specialises in all industrial and employment matters, competition law matters, unfair contract matters, administrative law matters and OH & S matters.

Jim has appeared in three major Commissions of Inquiry namely the Seaview Inquiry 1995 – 1996 (counsel for CAA), Cole Inquiry into Building Industry 2003 (counsel for AMWU) and Walker Commission into NSW Health matters 2004 (counsel for Jennifer Collins).

Jim appears in all Courts where employment/industrial matters are litigated including the Federal Court, the Supreme Courts and the Federal Circuit Court and has an extensive practice in specialist industrial tribunals including the FWC and NSWIRC where he has appeared for more than 35 years. Because of his extensive industrial background Jim is also very experienced in mediations/conciliation proceedings

Jim has been involved in appearing in or giving advice in one way or another in most of the major industrial matters of the last 20 years. In 2012 Jim completed appearing in the major Multiplex conspiracy trial in the Supreme Court which was been widely commented on in the media. In 2014 he was an Expert Witness in Restraint of Trade proceedings in the Supreme Court Republic of South Africa.

Jim’s regular clients include individual employees, independent contractors (incorporated or otherwise), trade unions and small and medium private sector employers and government employers. Jim accepts direct access work in respect of unfair and unlawful dismissals and OH& S matters from employees and employers.

Jim was educate by the Marist brothers and graduated from law at Sydney University (although he really wanted to be a teacher). He has been an ALP alderman on Canterbury Council. Jim worked as a state and national trade union official for 14 years and served on a variety of ACTU& Australian Government committees in the Hawke/Keating years. Between 1984 and 1987 he spent 3 years in Canberra heading up the then ACOA (now PSU) national office where his responsibilities included political liason.

Jim is a life member of the Sydney Cricket Ground where he attends the Test every year in January. He is a Wests-Tigers man and in the 1990s was Secretary and/or Ass. Secretary and/or Committee member of Como Jannali JRLFC.

Jim is committed internationalist and regularly gives industrial law education papers. He is a member of ICTUR. In 2012 he organized a Conference in Istanbul on contemporary trade union and labour law rights in Turkey.In 2014 he participated in the XI European Regional Congress of ISLSSL in Dublin. In 2015 he delivered a paper at the North/South International Law Conference Marrakesh, Morocco.

Papers 2005 – 2015

Authorities on Establishing the Identity of the Employer Livingstones, Brisbane; 17 July 2015

The Privilege of Individuals Against Disclosure In Civil Prosecutions in Australia; North/South International Law Conference Marrakesh, Morocco 28 January 2015

An Update on “Adverse Action” Actions under Section 340 of the Fair Work Act; Livingstones Seminar, Brisbane 6 June 2014

Union Officials’ Financial Management Duties under Chapter 2 Part 9 of The Fair Work (Registered Organisations) Act 2009 Windsor seminar, Brisbane 22 June 2013;  Denman CLE 25 June 2013

Prosecutions Following Investigations under The Fair Work Act by the Fair Work Ombudsman Legalwise Seminar at Grace Hotel Sydney August 31, 2012

Dispute Resolution Strategies (Lexis Nexis 6th Annual Industrial & Workplace Relations National Conference 14 June 2012.

“Statute of Limitation for Workplace Relations Act Prosecutions” was published in  Workplace Review (WR) Autumn 2012.

“The Meaning Of “Compensation” And “Remedy” under The Fair Work Act” at a Denman CLE Seminar.

“The Approach of Fair Work Australia to Evidence ” was published in Workplace Review (WR) Summer 2011.

“Federal Right of Entry Recent Developments” (NSW Bar Association CPD Ballina, 12 February 2011)

“Right of Entry – Fair Work Authority Decisions” (Livingstone’s Brisbane CLE, 26 August 2011)

“Business Records of Expert Evidence and Makita and Lay Tribunals” (Denman CLE, Sydney, 25 August 2011)

“Strategies for Unions & Employers Dealing with the Fair Work Ombudsman” (Denman CLE 8 December 2009)

“Federal Right of Entry Recent Developments” (NSW TLC Union
Industrial Officers Seminar  1 December 2009)

“Advocacy in Industrial Tribunals & Courts (Industrial Lawyer CLE Seminar 26 March 2010; Livingstones
Brisbane CLE 25 June 2010)

Right Of Entry Since Work Choices – Recent Developments (Denman CLE, Sydney 19 June 2009; Livingstones Brisbane CLE 20 June 2009)

Disciplinary Proceedings & Criminal Proceedings Recent Cases (NSW Bar Association CPD Parramatta 7 March 2009)

Proposed Changes To Right Of Entry, Freedom Of Association & Industrial/ Prohibited Matters under Fair Work Bill (Denman CLE, Sydney 11 December 2008)

Differences in Approach between the Law of Post Employment Restraints in NSW, Victoria & Queensland (11th Europe-Asia Legal Conference Positano / Priano Italy 29 June 2008)

Freedom of Association for Officers, Delegates & Members of Organisations Under The Workplace Relations Act 1996 (Denman CLE Sydney 4 April 2008)

Recent Developments In Post Employment Restraints on Employees & Contractors in New South Wales (NSW Bar Association CPD Kingscliff 9 February 2008)

Post Employment Restraints on Employees & Contractors – a new feudal system for New South Wales (Denman CLE Sydney 3 December 2007)

Notices To Produce Under The Workplace Relations Act And The Building & Construction Improvement Act, 2005 (Carne Reidy Herne / Maurice Blackburn Seminar, Brisbane June 2007)

Recent Significant Judgments

FEDERAL COURT – FULL COURT

Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Ltd [2012] FCAFC 193

Manna v Alfred [2011] FCAFC 13

Harrison v P & T Tube Mills Pty Ltd [2009] FCAFC 102

Australian Manufacturing Union v John Holland Pty Ltd [2010] FCAFC 90

Construction, Forestry, Mining and Energy Union v Alfred [2011] FCAFC 13

CFMEU v Hadgkiss [2009] FCAFC 17

Hadgkiss v Construction Forestry Mining and Energy Union [2007] FCFCA 524 (26 March 2007)

CFMEU v Hadgkiss [2007] FCAFC 197 (20 December 2007)

Hadgkiss v CFMEU [2008] FCAFC 22 (5 March 2008)

Construction Forestry Mining Energy Union of Australia v Inspector Alfred [2004] FCAFC 36 (27 February 2004) [130 IR 343]

Kingham v Sutton [2002] FCAFC 107 [2002] FCA 506 [114 IR 137]

King v AFMEPKIU [2000] 109 FCR 447

Chief of Defence Force v Clark [2000] FCA 103   (2000) 61 ALD 51

Davids Distribution Pty Ltd v National Union of Workers [1999] FCA 1108 [(1999) 91 FCR 463]

National Union of Workers v Davids Distribution Pty Ltd [1999] FCA 1109 [(1999) 91 FCR 513]

COURT OF APPEAL NEW SOUTH WALES

Ballard v Brookfield Australia [2012] NSWCA 434

Ballard v Brookfield Australia [2013] NSWCA 18

FEDERAL COURT

Ralan St Leonards Pty Ltd v Construction, Forestry, Mining & Energy Union [2014] FCA 431

General Manager of Fair Work Commission v Thomson [2013] FCA 380

Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Ltd [2012] FCA 347 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FCA 224 (14 March 2012)

Darlaston v Parker [2010] FCA 771;

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (New South Wales Branch) [2009] FCA 645

Australian Manufacturing Workers Union v Luxottica Retail Australia Limited [2009] FCA 608

Queensland Alumina Limited v The Maritime Union of Australia [2009] FCA 874

John Holland Pty Ltd v Australian Manufacturing Workers Union & Ors [2009] FCA 274; [2011] FCA 770

Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2008] FCA 678

Hadgkiss v Construction, Forestry, Mining and Energy Union (No. 5) [2008] FCA 1040   )

John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union (No. 2) [2009] FCA 865

John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union [2009] FCA 786

Hadgkiss v Construction Forestry Mining and Energy Union [2007] FCA 524 (26 March 2007)

Hadgkiss v Sunland Constructions Pty Ltd [2007] FCA 346 [(2007) 161 IR 317]

Automotive, Food, Metals, Engineering, Printing Kindred Industries Union v Reid [2007] FCA 533 [(2007) 162 IR 160]

A & L  Silvestri  Pty Ltd v Construction, Forestry, Mining and Energy Union [2007] FCA 1047 (13 July 2007)

A & L  Silvestri  Pty Ltd v Construction, Forestry, Mining and Energy Union [2008] FCA 466 (11 April 2008)

Duff v McCarney [2008] FCA 1429

SUPREME COURT NEW SOUTH WALES

Ballard v Multiplex Limited [2012] NSWSC 426

Ballard v Brookfield Multiplex Ltd (No 2) [2010] NSWSC 1461

Ballard v Brookfield Multiplex Ltd [2010] NSWSC 1460

Ballard v Multiplex Limited [2010] NSWSC 1038

Shelley v Nurses & Midwives Tribunal of NSW & Anor [2007] NSWSC 1240

SUPREME COURT QUEENSLAND

Survey sampling Australia v Lee & Ors

Condren v Southport Workers Community Club Inc [2001] QSC 130

AUSTRALIAN INDUSTRIAL RELATIONS AND FAIR WORK COMMISSIONS

Jerome Jin v Sydney Trains [2015] FWC 4248

Director of the FWBII v Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch [2015] FWC 4747

De Martin &Gasparini Pty Ltd and De Martin &anor v Construction, Forestry, Mining and Energy Union – C and G Division, New South Wales Branch[2015] FWC 477

Re ALAEA [2014] FWC 3658; [2014] FWC 6507

Michael King
v
Catholic Education Office Diocese of Parramatta T/A Catholic Education Diocese of Parramatta [2014] FWC 6413

DrSoliman v University of Technology, Sydney [214] FWC 2176; [2014] FWCFB 6394

Khan v Northern Territory of Australia [2014] FWC 194

Hope v Rail Corporation New South Wales [2014] FWC 42

Re Fair Work Commission [2013] FWC 10168; [2013] FWC 9343

Ryan v AMG Shared Services Pty Ltd [2012] FWA 9609

Re Parker, Kera, Hanlon & Mitchell [2011] FWA 2577

Power Projects International Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) & The Australian Workers’ Union [2011] FWAFB 1327

Anthony Ilardo v Rail Corporation of New south Wales [2010] FWAFB 6479

ABCC v Lane [2009] AIRC 868

Alfred V Quirk [2008] AIRC 781

CFMEU V Holland [2008] AIRC 961

Re ABCC [2008] AIRC 1140

Re ABCC [2008] AIRCFB 898

Re Master Plumbers Application for Registration [2006] AIRC 349

INDUSTRIAL RELATIONS COURT NEW SOUTH WALES

WorkCover v Watt [2011] NSWIRC 99

WorkCover v McCruddin [2011] NSWIRC 45; [2011] NSWIRC 73

Contact

Tel: 02 9264 6899 | Fax: 02 9264 5541 | E-mail: jimpearce1@bigpond.com.au

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    Level 7/185 Elizabeth St
    Sydney NSW 2000

    DX 185 Sydney

    T: 02 9264 6899
    F: 02 9264 5541

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