Lawyer Profile

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Harry Dixon SC

PG Hely Chambers

Harry is one of Australia’s most reputable Senior Counsel in Employment Law, Industrial Law and Work Health and Safety laws.

He has been at the forefront of legal change, having successfully appeared in ground-breaking cases in his more than 40 years of legal practice.  Harry has appeared in some of Australia’s most significant industrial disputes and is consistently recognised in Doyles Guide as a “Pre-eminent” Senior Counsel in Employment and Work Health and Safety in Australia. Other areas in which he practices include appellate, administrative, civil and human rights, discrimination, restraint of trade, and coronial inquests and inquiries.

Harry regularly advises and appears at both Federal and State level for a diverse range of long-standing clients, comprising many of Australia’s top 50 ASX-listed corporations.  He provides unparallelled representation defending prosecutions with respect to a broad range of industrial and mining accidents, including incidents resulting in fatalities in a variety of jurisdictions.  The broad range of industries in which Harry’s practice extends, includes aviation, banking and finance, construction, education, health, hospitality, hydrocarbons and gas, manufacturing, maritime, media, mining, retail, technology, telecommunications and transport.  He has also acted for a range of employer associations across these industries.

Maintaining a true national practice, Harry regularly represents clients in all Australian States, including the Western Australian and Federal Governments. Notably, Harry has been involved in recent developments with respect to the termination of enterprise agreements post their nominal expiry dates resulting in the expansion of the provisions available under the Fair Work Act 2009 (Cth) and advising in respect of the remedies available for adverse action under that Act.  He regularly delivers papers on topical developments in his areas of practice, including work health and safety, prevention of industrial action, the award-making and variation powers of industrial tribunals and workplace rights. 

Harry is also a qualified mediator.

AREAS OF PRACTICE

  • Administrative Law
  • Appellate
  • Civil & Human Rights Discrimination
  • Employment Law
  • Industrial Law
  • Inquests,Royal Commissions and Statutory Tribunals
  • OH&S/Work Health and Safety
  • Restraint of Trade

Lawyer Bio

Harry is one of Australia’s most reputable Senior Counsel in Employment Law, Industrial Law and Work Health and Safety laws.

He has been at the forefront of legal change, having successfully appeared in ground-breaking cases in his more than 40 years of legal practice.  Harry has appeared in some of Australia’s most significant industrial disputes and is consistently recognised in Doyles Guide as a “Pre-eminent” Senior Counsel in Employment and Work Health and Safety in Australia. Other areas in which he practices include appellate, administrative, civil and human rights, discrimination, restraint of trade, and coronial inquests and inquiries.

Harry regularly advises and appears at both Federal and State level for a diverse range of long-standing clients, comprising many of Australia’s top 50 ASX-listed corporations.  He provides unparallelled representation defending prosecutions with respect to a broad range of industrial and mining accidents, including incidents resulting in fatalities in a variety of jurisdictions.  The broad range of industries in which Harry’s practice extends, includes aviation, banking and finance, construction, education, health, hospitality, hydrocarbons and gas, manufacturing, maritime, media, mining, retail, technology, telecommunications and transport.  He has also acted for a range of employer associations across these industries.

Maintaining a true national practice, Harry regularly represents clients in all Australian States, including the Western Australian and Federal Governments. Notably, Harry has been involved in recent developments with respect to the termination of enterprise agreements post their nominal expiry dates resulting in the expansion of the provisions available under the Fair Work Act 2009 (Cth) and advising in respect of the remedies available for adverse action under that Act.  He regularly delivers papers on topical developments in his areas of practice, including work health and safety, prevention of industrial action, the award-making and variation powers of industrial tribunals and workplace rights. 

Harry is also a qualified mediator.

AREAS OF PRACTICE

  • Administrative Law
  • Appellate
  • Civil & Human Rights Discrimination
  • Employment Law
  • Industrial Law
  • Inquests,Royal Commissions and Statutory Tribunals
  • OH&S/Work Health and Safety
  • Restraint of Trade

Bar Admissions:

  • Australia, 1988 (WA)
  • Australia, 1996 (NSW)
  • Australia, 2000 (Date taken Silk)

Recognized in The Best Lawyers in Australia for work in:

  • Labour and Employment Law
  • Occupational Health & Safety Law
 

Awards:

  • 2020: Doyles Guide: Noted as "Pre-eminent" / "Leading" Senior Counsel in Employment Law & WHS Law - NSW
  • 2019: Australian Financial Review Best Lawyers in Australia: Labour and Employment Law

  • 2019 Doyles Guides: Noted as "Pre-eminent" Leading Senior Counsel in both Employment Law & WHS Law - in both Australia and NSW; 

    Recognised in the Labour & Employment Chapter of Who’s Who Legal: Labour & Employment 2019

  • 2018: Australian Financial Review Best Lawyers in Australia: Labour and Employment Law

  • 2018   Doyles Guide: Noted as “Pre-eminent” Leading Employment & WHS Senior Counsel - in  both Australia and NSW;

    Recognised in the Labour & Employment Chapter of Who’s Who Legal: Labour & Employment 2018

  • 2017  Doyles Guide: Noted as “Pre-eminent” Leading Employment & WHS Senior Counsel - in  both Australia and NSW;

    Recognised in the Labour & Employment Chapter of Who’s Who Legal: Labour & Employment 2017

  • 2016  Doyles Guide: Noted as “Pre-eminent” Leading Employment & WHS Senior Counsel - Australia; and “Pre-eminent” Leading Employment, Industrial Relations & WHS Barrister - Sydney
  • 2015  Doyles Guide: Noted as “Pre-eminent” Leading Employment Barrister - Sydney

  • 2014  Doyles Guide: Noted as “Pre-eminent” Leading Employment Barrister - NSW 

  • 2013 Doyles Guide: Noted as “Pre-eminent” Leading Employment Barrister - NSW
  • 2012 Doyles Guide: Noted as "Pre-eminent" Leading Employment Barrister - NSW
 

Lawyer Client Comments

Firm Details

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PG Hely Chambers
http://www.pghelychambers.com....
 
1 Office Location
in 1 Country

Australia

Australia

Sydney, Australia

Level 9

75 Elizabeth St

Sydney NSW 2000

Australia

61 2 9224 9700

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Lawyer Case History

SELECT CASES

Recent Judicial Review of Fair Work Commission Decisions

Appeared for Australia Industry Group and Restaurant and Catering Association of Victoria in respect of reduction in Sunday and Public Holiday rates in awards:

  • SDA v The Australian Industry Group: [2017] FCAFC 161
  • CFMEU v One Key Workforce Pty Ltd: [2017] FCA 1266
  • 4 Yearly review of modern awards - Penalty Rates: [2017] FWCFB 1001
  • Restaurant and Catering Association of Victoria: [2014] FWCFB 1996

Work Health and Safety

Various cases concerning workplace fatalities, accidents and pleas in mitigation such as:

  • Comcare v John Holland Pty Ltd: [2014] FCA 1191
  • Comcare v John Holland Pty Ltd: [2015] FCA 388
  • Comcare v John Holland Pty Ltd: [2016] FCA 501
  • Inspector Hamilton v Thiess Pty Ltd: [2012] NSWIRComm 26
  • Moore v Adelaide Brighton Cement: [2004] SAIRC 78

Enterprise Bargaining

Appeared for employers in respect of termination of Enterprise Agreements post their nominal expiry date during bargaining for a new agreement:

  • Aurizon Operations Limited; Aurizon Network Pty Ltd; Australia Eastern Railroad Pty Ltd: [2015] FWCFB 540
  • Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” Known as the Australian Manufacturing Workers’ Union (AMWU) V Griffin Coal Mining Company Pty Ltd: [2016] FWCFB 4620

Appeared in respect of a challenge to Notices of Representational Rights:

  • Peabody Moorevale Pty Ltd v Construction, Forestry, Mining and Energy Union (CFMEU):[2014] FWCFC 2042

Appeared in respect of a challenge to whether a group of employees to be covered by an enterprise agreement was fairly chosen:

  • Cimeco Pty Ltd v CFMEU, AMWU & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia: [2012] FWAFB 2206  

Enterprise Agreements

Appeared for the Minister of Employment and Industrial Relations in respect of a question of whether it was permissible to include in an enterprise agreement a restriction on requesting a variation to the instrument during its nominal term:

  • Toyota Motor Corporation Australia Limited v Marmara: [2014] FCAFC 84; (2014) 222 FCR 152

Appeared in respect of challenges to the proper interpretation of various provisions in enterprise agreements:

  • United Voice v Valspar: [2014] FCAFC 34  
  • Woolworths Ltd v Shop Distributive & Allied Employees’ Association: [2013] FCAFC 151

Appeared in respect of questions regarding coverage of and the interaction between Modern Awards for the purposes of the BOOT:

  • Construction Forestry Mining & Energy Union v B J Jarrad Pty Ltd: [2013] FWCFB 8740

Appeared for the employer in respect of a transfer of business and the rejection of claims for redundancy when alternative employment was obtained:

  • Svitzer Australia Pty Ltd v Maritime Union of Australia, The-Northern NSW Branch: [2011] FWAFB 7947

Industrial Action

Appeared in proceedings for orders that unprotected industrial action must stop:

  • Maritime Union of Australia v Patrick Stevedores Holdings Pty Limited: [2013] FWCFB 7736
  • Mater Misericordiae Health Services Brisbane Limited v Queensland Nurses’ Union of Employees: [2014] FWC 2019
  • Essential Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia: [2016] FWC 3338

Acted for employers in respect of Workplace Determinations made by the Full Bench of the Fair Work Commission under the Fair Work Act following orders by the Commission that protected industrial action be terminated:

  • Essential Energy Workplace Determination: [2016] FWCFB 7641
  • Transport Workers’ Union of Australia v Qantas Airways Limited; Q Catering Limited: [2012] FWAFB 6612

Adverse Action

Defended claims that the dismissal of a Union delegate for abusing and threatening fellow employees was because he was a Union member or delegate:

  • Construction Forestry Mining & Energy Union v BHP Coal P/L: [2013] FCA 1097

Restraint of Trade

  • Pearson v HRX Holdings Pty Ltd: [2012] FCAFC 111