Sean has more than 30 years' experience advising small and large corporations, multinational businesses and senior executives in relation to employment and industrial law.
Sean practices in all areas of employment law and litigation, including the preparation of contracts and policies, advice about entitlements, restructuring advice and representation in disputes (dismissals, discrimination, post-employment restraints and confidentiality).
Sean has special interests in non-standard labour practices (such as labour hire and the use of casual employees and independent contractors) and supply chain transparency, with a particular focus on labour law compliance and modern slavery in local and global supply chains.
Sean also practices in industrial law with a particular emphasis on the development of industrial relations strategies, the making of enterprise agreements (including scope and good faith bargaining disputes and protected action ballot order applications) and representation in disputes.
He appears in all relevant jurisdictions –— the Fair Work Commission, all Victorian and Federal courts, the Victorian Equal Opportunity and Human Rights Commission, the Victorian Civil and Administrative Tribunal and the Australian Human Rights Commission.
Representative Legal Matters
- Representing a business in a large class action alleging sham contracting, non-payment of minimum entitlements and accessorial liability.
- Represented employers in disputes with the Fair Work Ombudsman about allegations of sham contracting and the use long term casual employees.
- Assisted a range of employers with the development of suites of employment contracts and policies and in award compliance programs.
- Represented an employer in multiple proceedings alleging breaches of post-employment restraints, breaches of confidentiality and violations of the Corporations Act in connection with the move of a team of employees from another employer.
- Represented the owner/operator of a coal mine and electricity generation plant in numerous industrial disputes and hearings before industrial tribunals.
- Advised numerous clients through the negotiation, drafting and approval of enterprise agreements.
- Represented a multinational manufacturer in numerous industrial and employment disputes and in legal proceedings in various jurisdictions.
- Represented a client who supplied the labour for the laying of a sub-sea gas pipeline between Victoria and Tasmania. This matter involved several proceedings in an industrial tribunal and in the Federal Court, including injunctive and contempt proceedings.
- Advised one of Australia’s largest listed corporations throughout two fraud investigations.
- Successfully represented an employer in a right of entry dispute with a union before a Full Court of the Federal Court.
Professional Associations and Memberships
- Australian Labour Law Association - Member
- Law Institute of Victoria - Member
- Industrial Relations Society of Victoria - Member
- Victoria~Australia (1986)
- High Court of Australia~Australia (1986)
- Supreme Court of Victoria~Australia (1986)
- Monash University (LL.B. Honors) (1984)
- Monash University (B.A.) (1982)
Author, "Sham contracting – ODCO triumphs, but no one is left smelling sweet," Employment Law Bulletin, September 2013
Presenter, "How to prepare for and protect your company from unfair dismissal claims," Employment Law Fundamentals, Melbourne, August 2013
Presenter, "Best Practices for Managing the Risks of Adverse Action Claims," Aventedge HR Law Masterclass, Melbourne, October 2013