Areas of Practice
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More InformationJim was admitted to the Bar in 1983 and has practiced full time since September 1989. Jim practices throughout Australia principally in Sydney, Brisbane (where he also has chambers) and Melbourne. Jim specialises in all industrial and employment matters, trades practice law, unfair contract matters, occupational health and safety law. Jim has appeared in three long term 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 and has an extensive practice in specialist industrial Courts and tribunals including the AIRC (now the Fair Work Authority) and NSWIRC where he has appeared for more than 30 years. Because of his extensive industrial background Jim is also very experienced in mediations/conciliation proceedings. In recent times his practice has tended to focus on the Federal Court. 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 12 years. Jim has just completed appearing in the major Multiplex conspiracy trial in the Supreme Court which has been widely commented on in the media. Today Jim’s regular clients include individual employees , independent contractors (incorporated or otherwise) , trade unions and small and medium private sector employers (particularly in OH&S matters) and government employers. Born in 1953 Jim graduated from law at Sydney University in 1975. He has been a local council alderman. 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 1980s. 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 Wests-Tigers man and in the 1990s was Secretary and/or Ass. Secretary and/or Committee member Como Jannali JRLFC Recent PapersDispute 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 “Advocacy in Industrial Tribunals & Courts (Industrial Lawyer CLE Seminar 26 March 2010; Livingstones 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) |
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Recent Significant JudgmentsFEDERAL COURT – FULL COURT 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) FEDERAL COURT 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 (7 November 2007) SUPREME COURT QUEENSLAND Condren v Southport Workers Community Club Inc [2001] QSC 130 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION/FAIRWORK AUTHORITY 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 Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales & Anor v Commissioner of Police [2007] NSWIRComm 298 Re Miscellaneous Workers Kindgartens and Child Care Centres &c (State) Award & ACCA & Association of Quality Child Care Centres of NSW & Ors [2006] NSWIRComm 64 [2006] 150 IR 290 |
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ContactTel: 02 9264 6899 | Fax: 02 9264 5541 | E-mail: jimpearce1@bigpond.com.au |
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