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03 9225 6444
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03 9225 6444
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03 9225 6444
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Chris O’Grady KC
E: cogrady@vicbar.com.au
P: +61 3 9225 7198
M:
Chamber: Room 2203, Aickin Chambers, 200 Queen Street, MELBOURNE, VIC 3000, AUSTRALIA
Admitted: 29/07/1991
Called to Bar: 28/05/1992
Date Appointed Silk: 24/11/2015
Qualifications:
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About

Chris practises in industrial and employment law.

Prior to coming to the Victorian Bar, Chris worked as a junior associate to Sir Gerard Brennan in the High Court of Australia in 1990.

In 1991 he worked as associate to Judge John Hassett in the County Court.

He is a member of Council, St Mary’s College, University of Melbourne.

Chris presents the advocacy course conducted by the Industrial Relations Society of Victoria along with Brian Lacy, a former Senior Deputy President of the AIRC. He has been involved in the presentation of this course for over 20 years. The course is run in conjunction with the Fair Work Commission on an annual or biannual basis. It involves two three-hour lectures and two day-long Saturday sessions held at the Fair Work Commission.

In 2018 he was made an honorary life member of the Industrial Relations Society of Victoria.

Since 2020 he has been a member of the Victorian Bar Readers Course Committee Executive.

From 2012 to 2015 he featured on Doyle’s guide as one of the pre-eminent Junior Counsel of the junior employment/industrial bar in Victoria.

In 2016 he was one of Doyle’s recommended Senior Counsel of the employment/industrial bar of Victoria.

In each year from 2017 to date he has been named as one of Doyle’s pre-eminent Senior Counsel of the employment/industrial bar of Victoria.

He is also named by Chambers and Partners in their ranking of Australian Silks working in Employment and in Who’s Who Legal Australia and New Zealand in their Labour Employment and Benefits section.

Chris has been involved in a number of the leading employment/industrial cases over the last 19 years. He appeared in:

ACTEW Corp Ltd v Pangallo (2002) 127 FCR 1:  A case concerning the interaction between administrative law rights and award rights. He appeared as junior to J Purnell SC in the Supreme Court of the ACT, the Full Court of the Federal Court on appeal and in the High Court where his client successfully resisted the grant of special leave.

AIG v AFMEPKIEU (Emwest) (2003) 130 FCR 524:  A case concerning the capacity of industrial organisations to take industrial action during the currency of a certified agreement in support of claims not dealt with in the certified agreement. Chris appeared as junior to M McDonald (as he then was) on behalf of the Australian Industry Group.

Electrolux Home Products Pty Ltd v Australian Workers’ Union (2004) 221 CLR 309:  This is the leading authority on the requirement that matters sought to be included in certified agreements (and in respect of which protected industrial action may be taken) must pertain to the employment relationship. Chris appeared as junior to F Parry QC on behalf of the Australian Industry Group.

Commonwealth Bank of Australia v Finance Sector Union of Australia [2006] FCA 1048 (2006) 154 IR 467:  A case concerning whether shareholder action organised by an industrial organisation involved coercion in breach of the Workplace Relations Act 1996. Chris appeared as junior to H Dixon SC on behalf of the Commonwealth Bank.

Andrew Cruickshank v Priceline Pty Ltd [2007] AIRC 1005 (14 December 2007):  Authority on whether the termination of employment can be characterised as a redundancy when the employer still wants the job to be performed but wants it performed by somebody engaged at a lesser remuneration level. Chris appeared for Priceline.

Village Roadshow Limited – re Appeal against the decision (PR974111) of Commissioner Hingley [2007] AIRCFB 35:  A Full Bench Decision, in which the Minister intervened, on the obligation to redeploy in cases of redundancy. Chris appeared for the appellant, Village Roadshow. M Bromberg SC (as he then was) appeared for the applicant. T Ginnane SC (as he then was) appeared for the Minister.

Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2010] FCA 284 (2010) 193 IR 251:   Chris appeared in this matter leading A McNab (as he then was) before Tracey J. The construction of the Fair Work Act 2009 they put forward was accepted by Tracey J. It was consistent with the construction adopted by the High Court in Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32 (7 September 2012).

Barclay v The Board of Bendigo Regional Institute of Technical and Further Education (2011) 191 FCR 212:  Chris appeared in this matter leading A McNab (as he then was). The construction of the Fair Work Act 2009 that they put forward was accepted by Lander J. It was consistent with the construction adopted by the High Court in Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32 (7 September 2012).

Jemena Asset Management (3) Pty Ltd v Coinvest Limited (2011) 244 CLR 508:  Chris appeared in this matter as junior to A J Myers QC. They were opposed to P Hanks QC and S Moore (as he then was).  The case concerned whether there was a section 109 inconsistency between federally registered certified agreements and the State legislation supporting the construction industry long service leave scheme.

Qantas Airways Ltd v Transport Workers’ Union of Australia [2011] FCA 470 (2011) 280 ALR 503;  Chris appeared in this matter as junior to F Parry QC for Qantas which was successful in the proceeding. The appeal against this decision was dismissed by the Full Court of the Federal Court:  Transport Workers’ Union of Australia v Qantas Airways Ltd (2012) 199 FCR 190. The TWU was refused leave to appeal to the High Court:  Transport Workers’ Union of Australia v Qantas  Airways Limited [2012] HCATrans 192.

More recently Chris appeared in (in reverse chronological order):

United Firefighters’ Union of Australia v Fire Rescue Victoria [2024] FWCFB 43 (5 February 2024) appearing for the Hon Jaclyn Symes (Minister for Emergency Services) intervening.

United Firefighters’ Union of Australia v Fire Rescue Victoria [2023] FWCFB 225 (30 November 2023) appearing for the Hon Jaclyn Symes (Minister for Emergency Services) intervening.

Ventia Australia Pty Ltd v Martin Pelly [2023] FWCFB 201 (1 November 2023) appearing for Ventia Australia.

Tarakci & Ors v KDR Victoria Pty Ltd T/A Yarra Trams [2023] FWCFB 119 (23 October 2023) appearing for KDR Victoria.

2nd Chapter Pty Ltd & Ors v Sealey & Ors [2023] VSC 599 (10 October 2023) appearing for Sealey & Ors.

United Firefighters’ Union of Australia v Fire Rescue Victoria [2023] FWCFB 180 (4 October 2023) appearing for the Hon Jaclyn Symes (Minister for Emergency Services) intervening.

CEPU v Paper Australia Pty Ltd t/a Opal Australian Paper [2023] FWC 2158 (29 AUGUST 2023) appearing for Paper Australia.

United Firefighters’ Union of Australia v Fire Rescue Victoria [2023] FWC 1235 (29 May 2023) appearing for the Hon Jaclyn Symes (Minister for Emergency Services) intervening.

Target Australia Pty Ltd v Shop, Distributive and Allied Employees’ Association [2023] FCAFC 66 (10 May 2023) appearing for Target.

Australian Salaried Medical Officers Federation v Victorian Institute of Forensic Medicine [2023] FWC 1046 (3 May 2023) appearing for the Victorian Institute of Forensic Medicine

Aaron Harwood v The University of Melbourne [2023] FWC 824 (12 April 2023) appearing for the University of Melbourne.

United Firefighters’ Union of Australia v Honourable Jaclyn Symes [2023] FCA 302 (4 April 2023) appearing for the Hon Jaclyn Symes (Minister for Emergency Services) led by the Victorian Solicitor General.

Sydney Trains v Stephen Allan Taylor, Kristen Tripp, Ueligitone Aiono, Nellanisiara Cambridge, Joseph Galea [2023] FWCFB 49 (15 March 2023) appearing for Sydney Trains.

United Firefighters’ Union of Australia v Fire Rescue Victoria [2023] FWC 512 (7 March 2023) appearing for the Hon Jaclyn Symes (Minister for Emergency Services) intervening.

Civil Air Operations Officers’ Association of Australia v Airservices Australia (No 2) [2023] FCA 104 (17 February 2023) appearing for Airservices Australia.

Necdet Tarakci, Marin Cikes and others v KDR Victoria Pty Ltd T/A Yarra Trams [2023] FWC 252 (2 February 2023) appearing for KDR Victoria.

Country Fire Authority Professional Technical and Administrative Agreement 2021 [2023] FWCA 124 (18 January 2023) appearing for the Country Fire Authority.

 

PracticeAreas

Practice Areas

Appellate
Appellate,
Common Law and Personal Injury
Work Injuries,
Industrial Employment
Discrimination,Employment Contracts and Restraint of Trade,Industrial Disputes and Statutory Employment Rights,Public Sector Appeals,
Public Administrative
Civil and Human Rights,Disciplinary Proceedings,Discrimination,

CPD PRESENTATIONS BY

Chris O’Grady KC

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