Background

Lucy Saunders specialises in employment law, industrial relations, workplace health and safety disputes, and related matters. She also accepts briefs in general commercial areas, including building and construction matters. She accepts briefs on a direct access basis from in-house solicitors and unions.

Lucy takes a pragmatic and client-focused approach. She is known for her practical approach to dispute resolution and strength in client communication in the midst of the intensity of litigation.

Before coming to the bar, Lucy spent five years as the Australian Manufacturing Workers Union’s senior in-house lawyer, managing a team of lawyers and co-ordinating its industrial litigation practice across Australia. In this role she regularly appeared as an advocate in various state and Federal Courts and tribunals.

Some of her recent notable cases include:

  • Fire Brigade Employees Union v Fire and Rescue NSW [2020] NSWIRComm 1002 (unled) – state award interpretation, preservation of status quo until final determination of dispute
  • Mondelez v AMWU and anor [2019] FCAFC 138 (led by I Taylor SC) – interpretation of s.96 of the FW Act, quantum of personal leave for shiftworkers (special leave granted and High Court appeal pending)
  • Herbert v Star Aviation [2019] FCAFC 136 (unled, and at first instance) – general protections contravention involving dismissal, for successful respondent
  • Crown Employees (School Administrative and Support Staff) Award [2019] NSWIRComm 1082 (led by D Chin SC) – NSW Pay Equity case, 19% pay increase for school administrative and support staff
  • Flight Attendants Association of Australia v Qantas Airways Limited [2019] FWCFB 1556 (unled) – roster dispute based on enterprise agreement interpretation; role of award and agreement history in interpretation
  • Operation Cusco (2019)– Counsel Assisting, Law Enforcement Conduct Commission, investigation into bail checks
  • Australian Rail, Tram and Bus Industry Union v Laing O’Rourke [2019] FWCFB 33 (unled) – enterprise agreement interpretation, back-pay of allowances
  • AMWU v Berri Ltd [2017] FWCFB 3005 (unled) – currently the leading Fair Work Commission case on the correct approach to interpretation of enterprise agreements

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