PROFILE

Full Name: Brendan J Avallone
Email: brendan.avallone@vicbar.com.au
Phone:+61 3 9225 6470
Mobile:0419543877
Chambers: Aickin Chambers
Room: 1611
Date of Admission: 2 Apr 2001
Called to the Bar: 22 Oct 2015
Qualifications: LLM, LLB (Hons), BCom (Hons)

Profile

Brendan Avallone signed the Bar Roll on 22 October 2015, with 15 years’ experience in employment, industrial relations and discrimination law.

Brendan's practice has been ranked in peer review journals Best Lawyers 2017 (Labour and Employment Law), and in Doyle's Guide 2017 (Leading Employment & WHS Junior Counsel – Victoria, 2017).  

Prior to joining the Victorian Bar, Brendan was a Special Counsel in the Human Resources and Industrial Relations group of a major law firm, acting for a number of Victorian and Australian Government Departments and agencies, and private sector employers.

Brendan has advised and acted in a number of high profile industrial relations cases, including the Victorian public sector nurses dispute, Victorian government teachers EBA negotiations and industrial action, the Australia Post enterprise bargaining and industrial action, and picketing and industrial action at the Boeing Fisherman’s Bend site.

Brendan has appeared on behalf of employers and Government agencies in the Courts, the Fair Work Commission and its predecessors, in matters regarding industrial action, protected action ballot applications, industrial disputes, unfair dismissal applications and underpayment claims.

Brendan was seconded to the Department of Employment to assist in drafting workplace legislation in 2005-2006 and the Department of Finance, and was an Associate at the Australian Industrial Relations Commission in 2001-2002. He has a Master of Laws from the University of Melbourne, specialising in workplace relations, with a First Class Honours average.

Brendan recently presented at the Victorian Bar Industrial Bar Association's inaugural industrial law update: Recent developments regarding applications for protected action ballot order under s437. He regularly gives presentations for organisations including the Law Institute of Victoria, Akolade and Legalwise.

Committee Membership: Brendan is a member of the Committee of the Industrial Bar Association (2017).  

He also served as the Treasurer of the Industrial Relations Society of Victoria from 2007-2012 and on the IRSV Executive from 2007-2013.    

Decided matters in which Brendan has appeared since coming to the Bar include:

Minister for Industrial Relations for the State of Victoria v AGL Loy Yang Pty Ltd and others [2017] FWC 2533 (9 May 2017) – 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 (28 April 2017) – opposing an application alleging contravention of an enterprise agreement and breach of contract (junior to Chris O’Grady QC)

Construction, Forestry, Mining and Energy Union v EnergyAustralia Yallourn Pty Ltd [2017] FWC 2298 (27 April 2017) - decision about the application of an enterprise agreement

Heading v Secretary of the Department of Education and Training on behalf of the State of Victoria [2017] FWCFB 1352 (7 April 2017) – opposing an appeal against a decision about the application of an enterprise agreement

Construction, Forestry, Mining and Energy Union v AGL Loy Yang Pty Ltd [2017] FWCFB 1019 (2 March 2017) - opposing an appeal against decision to terminate enterprise agreement (junior to Frank Parry QC)

Winters v Fogarty and others [2017] FCA 51 (2 February 2017) – acting for second and third respondents seeking strike out of claim alleging contravention of discrimination laws during Court-ordered mediation (junior to Rachel Doyle S.C.)

AGL Loy Yang Pty Ltd v Construction, Forestry, Mining and Energy Union and another [2017] FWC 432 (20 January 2017) - application for Order that industrial action (a ban on overtime and practices in relation to sick leave) stop, not occur and not be organised (junior to Chris O’Grady QC)

AGL Loy Yang Pty Ltd v Construction, Forestry, Mining and Energy Union and another [2017] FWC 306 (16 January 2017) - application for order that industrial action (a ban on overtime) stop, not occur and not be organised (junior to Chris O’Grady QC)

Construction, Forestry, Mining and Energy Union v Kane Constructions Pty Ltd [2016] FWC 8002 (9 November 2016) - opposing an application for a protected action ballot order – time period for ballot to occur

National Tertiary Education Industry Union v Monash University [2016] FWCA 7945 (8 November 2016) – opposing application to vary an agreement to remove an ambiguity or uncertainty (junior to Justin Bourke QC) (decision subject to appeal)

Construction, Forestry, Mining and Energy Union v AGL Loy Yang Pty Ltd [2016] FWC 7839 (28 October 2016) - opposing an application for a protected action ballot order – opposing order for independent ballot agent other than Australian Electoral Commission - application to extend period of notice of industrial action to seven working days (junior to Frank Parry QC)

Volunteer Fire Brigades Victoria v Country Fire Authority (Discovery ruling) [2016] VSC 573 (29 September 2016) – Discovery obligations in circumstances of expedited hearing in the Supreme Court of Victoria (junior to Chris O’Grady QC)

Construction, Forestry, Mining and Energy Union v AGL Loy Yang Pty Ltd [2016] FWCFB 6332  (21 September 2016) - opposing an appeal against refusal to grant a protected action ballot order (junior to Chris O’Grady QC)

Australian Commercial Catering Pty Ltd v Powell and Togia [2016] FWCFB 5467 (12 August 2016) – FWC appeal relating to ‘acceptable alternative employment’ and redundancy

Construction, Forestry, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch [2016] FWC 4256; [2016] FWC 4180 (15 July 2016) – intervening on behalf of the Director of the Fair Work Building Industry Inspectorate, in relation to CFMEU applications for right of entry permits to be granted to officials

Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] FWC 4593 (12 July 2016) – opposing a stay application in relation to a decision not to grant a right of entry permit

AGL Loy Yang Pty Ltd v Construction, Forestry, Mining and Energy Union and others (PR582599, 10 July 2016) – application for Order that industrial action (a ban on overtime) stop, not occur and not be organised

Construction, Forestry, Mining and Energy Union v AGL Loy Yang Pty Ltd [2016] FWC 4364 (1 July 2016) - opposing an application for a protected action ballot order (junior to Chris O’Grady QC)

Construction, Forestry, Mining and Energy Union v EnergyAustralia Yallourn Pty Ltd [2016] FWC 3961 (17 June 2016) - dispute about interpretation of enterprise agreement concerning ability of non-EBA employees to perform work also performed by EBA employees

Halici v KDR Victoria Pty Ltd T/A Yarra Trams (No.2) [2016] FCCA 1391 (16 June 2016)  -  successful strike out of pleadings which alleged false imprisonment by employer of its employee (junior to Chris O’Grady QC)

Construction, Forestry, Mining and Energy Union v AGL Loy Yang Pty Ltd [2016] FWC 3376 (2 June 2016) - opposing an application for good faith bargaining orders (junior to Chris O’Grady QC)

Construction, Forestry, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch [2016] FWC 3322;  [2016] FWC 3190;  [2016] FWC 3110 (31 May 2016) – intervening on behalf of the Director of the Fair Work Building Industry Inspectorate, in relation to CFMEU applications for right of entry permits to be granted to officials

Construction, Forestry, Mining and Energy Union v AGL Loy Yang Pty Ltd [2016] FWCFB 2878 (11 May 2016) - opposing an application for a protected action ballot order (junior to Frank Parry QC)

EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union [2016] FWC 2133 (5 April 2016) – dispute about interpretation of enterprise agreement concerning ability to outsource work

Turner v Australia Post [2016] FWC 801 (2 March 2016) – 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 (22 December 2015) – 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 (22 December 2015) – judicial review of Fair Work Commission Full Bench decision, relating to ‘acceptable alternative employment’ and redundancy

To see further details of Brendan’s experience, including cases he appeared in as a solicitor before being called to the Bar, please click here.

Areas of Practice

Commercial

  • Contractual Disputes

Public/Administrative

  • Disciplinary Proceedings
  • Discrimination

Industrial/Employment

  • Appellate
  • Discrimination
  • Employment Contracts and Restraint of Trade
  • Industrial Disputes and statutory employment rights
  • Public Sector Appeals

Also Entitled to Practise in

  • Federal Court of Australia
  • High Court of Australia
From 30 Oct 2015, liability limited by a scheme approved under Professional Standards Legislation.


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