Background

Lucy Saunders specialises in employment law, industrial relations, workplace health and safety disputes, and related matters. She is a member of the NSW Bar Association’s Industrial, Employment and Health and Safety Committee, and edits the Thompson Reuters publication ‘the Employment Factbook’. She also accepts briefs in general commercial areas, including building and construction matters.

Before coming to the bar spent five years as a senior legal officer at the Australian Manufacturing Workers Union, managing a team of lawyers and co-ordinating its industrial litigation practice in NSW and on a national level. In this role she regularly appeared as an advocate in various state and Federal Courts and tribunals, particularly the Fair Work Commission and the Federal Circuit Court.

Some of her recent notable cases include:

  • AMWU v Simplot Ltd [2018] FWCFB 1156 – the correct approach to resolving conflict between enterprise agreement text and incorporated documents (i.e. awards);
  • South Head and District Synagogue v Rabbi Milecki [2017] NSWSC 823 (led by I Neil SC) – purported dismissal of Rabbi on grounds of redundancy prevented by incorporation of Jewish law into contract of employment;
  • AMWU v Berri Ltd [2017] FWCFB 3005 – currently the leading Fair Work Commission case on the correct approach to interpretation of enterprise agreements; and
  • AMWU v Donau Pty Ltd [2016] FWCFB 3075 – a determination by the Commission that the Fair Work Act requires recognition of prior casual service when assessing a permanent employee’s period of service for the purpose of notice and redundancy pay.




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