Ingmar Taylor SC

Solicitor 1990 / Barrister 1997 / Silk 2012

Background

Qualifications

  • Bachelor of Arts (Adelaide) 1987
  • Bachelor of Laws (Adelaide) 1989
  • Master of Laws (Sydney) 1992
  • Mediation accreditation (Resolution Institute) 2017

Ingmar Taylor SC is a senior barrister specialising in employment and industrial law, including all matters arising under the Fair Work Act 2009 and the Industrial Relations Act 1996 (NSW). His expertise includes cases concerning conditions of employment, enterprise bargaining, dismissal, rights of registered organisations and contracts of employment. Ingmar also has an extensive work, health and safety (WHS) practice, regularly appearing both as prosecutor and for defendants.

Ingmar immerses himself in the detail of each matter. His approach to litigation is structured around the needs and capabilities of both the legal team and the client. Ingmar favours a spirit of collaboration, welcoming the input of others. He believes not in sitting behind a desk, but around one.

Ingmar appears for employers, unions, and State and Commonwealth government entities. In addition to being briefed by solicitors, Ingmar takes direct-access work from experienced industrial relations practitioners and in-house counsel. He is also a trained and experienced mediator.

In recent years, Ingmar has acted for a variety of unions (including AMWU, APESMA, AWU, IEU, MUE and RTBU), large and small employers (including BlueScope, ClubsNSW, NRL, Pharmacy Guild of Australia, UNSW, Westpac and Woolworths) and the NSW Government.  Ingmar is happy to undertake pro bono work for legal centres and actively encourages requests for assistance.

Ingmar has been the Editor of the Industrial Reports since 1998 and was the Chair of the Law Council of Australia’s Industrial Law Committee from 2012-2022.  He is a member of the Bar Council Executive and a Director of the Law Council of Australia.

Outside of work, Ingmar is a cyclist, and an avid supporter of the Belvoir Theatre Company and the Sydney Swans.

Ingmar works entirely electronically and so prefers that all documents are sent to him in PDF.

Enquiries as to rates, availability and how Ingmar prefers his electronic briefs should be directed to Ingmar’s Practice Manager, Domonique Elder.

Specialisations

  • Employment law and industrial relations
  • Work, Health and Safety (WHS)

Professional recognition

Doyles Guide 2019-2023, Leading Employment Law Senior Counsel, Australia – Preeminent

Doyles Guide 2019-2023, Leading Employment Law Senior Counsel, NSW – Preeminent

Doyles Guide 2019-2023, Leading Work Health and Safety Senior Counsel NSW -- Preeminent

Best Lawyers recognised since 2022, Employee Benefits Law and Labour and Employment Law

Focus Areas + Select Cases

Adverse Action

Naude v DRA Global [2023] FCA 493.

Ingmar is appearing for the company and its directors in a claim made by its ex-Managing Director.

Anning v Western Sydney University (No 2) [2019] FCCA 1313.

Ingmar appeared for the successful respondent in a case alleging that a decision to make the applicant redundant amounted to adverse action.

King v PIA Mortgage Services Pty Ltd & Ors [2018] FCCA 3426.

Ingmar appeared for the applicant in a successful adverse action claim arising from termination of employment. The court also considered non-payment of annual leave and claims of misleading and deceptive conduct under the Consumer Law.

Constitutional Law

ACI Operations Pty Ltd v Field [2011] NSWIRComm 5.

Appeared for the Attorney-General NSW intervening in respect of a proceeding in which the Applicant sought a declaration that the Industrial Court of NSW did not have jurisdiction to reinstate a worker pursuant to Part 8 of the Workers Compensation Act 1987 (NSW) given provisions in the Fair Work Act 2009 (Cth).

Heli-Aust Pty Ltd v Cahill [2011] FCAFC 62.

Appeared for the Attorney-General NSW intervening to contend in support of the validity of the Occupational Health and Safety Act 2000 (NSW) in respect of conduct governed by the Civil Aviation Regulations 1988 (Cth).

Bankstown Handicapped Children’s Centre Association Inc v Hillman (2010) 182 FCR 483.

Ingmar appeared for the Attorney-General (NSW) and Minister for Industrial Relations with the Solicitor General, M Sexton SC, intervening in proceedings which considered whether the charity was a trading corporation within the meaning of s51(xx) of the Constitution and hence was not subject to the jurisdiction of the Industrial Court of NSW pursuant to s16 of the Workplace Relations Act 1996 (Cth).

Workplace Relations Case (2006) 229 CLR 1.

Ingmar appeared in the case that determined the validity of the WorkChoices legislation, and which now underpins the validity of the Fair Work Act 2009.

Discrimination Law

Matthews v Markos [2019] FCA 1827.

Ingmar appeared for the applicant, successfully seeking leave to make a claim for unlawful sex discrimination.

Anning v Western Sydney University (No 2) [2019] FCCA 1313.

Ingmar appeared for the successful respondent in a case alleging race discrimination.

Employment Law

BlueScope Steel (AIS Pty Ltd) v Connelly [2021] FCA 683.

Ingmar appeared for the company in a case concerning underpayments under contract, pursuant to ss323, 543 545 and 546 of the Fair Work Act 2009.

Hewlett Packard Pty Ltd v Subasic [2021] ACTCA 3.

Having succeeded at first instance, Ingmar appeared for the successful sales manager on appeal in respect of her claim for a bonus payable pursuant to her contract and policies.

Think: Education Services Pty Ltd & Ors v Lynch [2011] NSWSC 984.

Application for an interlocutory injunction in the Equity Division to restrain a former employee from working for a competitor.

Enterprise Bargaining

APESMA v Various Coal Mining Companies (Fair Work Commission).

Ingmar is briefed for the applicant in what will be the first contested application for a single interest employer organisation, covering coal mining companies in NSW.

RTBU and Others v Sydney Trains (Fair Work Commission 2023).

Ingmar appeared for a group of unions seeking good faith bargaining orders in respect of a long-running industrial dispute. The matter settled after hearing and before decision.

APESMA v Mt Arthur Coal Pty Ltd [2021] FWC 356.

Ingmar obtained novel good faith bargaining orders restraining the company from causing delay in the making of a proposed enterprise agreement and from continuing to bargain in a capricious and unfair manner.

Endeavour Coal Pty Ltd v Association of Professional Engineers, Scientists and Managers, Australia [2012] FCA 764.

Ingmar appeared for the respondent in the leading authority on making good faith bargaining orders.

Industrial Relations

Re Woolworths Group Ltd [2023] FWCFB 139.

Ingmar appeared for the SDA in respect of an application to alter the coverage of the General Retail Industry Award.

Re Sydney Trains [2023] FWCFB 52.

Ingmar appeared for the RTBU, ASU, APESMA and ETU on an application to increase wages pursuant to terms of an enterprise agreement.

Health Services Union v Catering Industries (NSW) [2023] FCAFC 82..

Ingmar appeared for the successful respondent company in an appeal concerning whether the Aged Care Award applied to a catering business.

Endeavour Energy v CEPU [2012] FWAFB 4998.

Full bench hearing considering drug and alcohol testing in the workplace.

Griffin v Health Secretary [2022] NSWIRComm 1027.

Appeared for the Health Secretary to address preliminary questions arising in a number of similar unfair dismissal applications made by health workers who had been dismissed in circumstances where they had not been vaccinated.

Australian Licensed Aircraft Engineers Associated v Qantas Airways Ltd [2022] FCAFC 50.

Appeared for the appellant union in a case that considered the circumstances in workers can be stood down.

Re Independent Education Union of Australia [2021] FWCFB 2051.

Appeared for the successful applicant union to vary the Educational Services (Teachers) Award 2020 on work value grounds, with the practical effect of increasing actual rates of pay for early childhood teachers.

Re Variation to Crown Employees (Police Officers – 2017) Award [2021] NSWIRComm 1040.

Ingmar appeared for the Commissioner of Police and the Health Secretary in a case that set rates of pay for police and paramedics in NSW.

Australian Rail, Tram and Bus Industry Union v Transport Workers’ Union [2020] FWCFB 3200.

Appeared for the RTBU in proceedings to alter its rules to expand its coverage. In subsequent proceedings the RTBU succeeded to expand its rules.

Re Crown Employees (Public Sector – Salaries 2020) Award & Other Matters (No2) [2020] NSWIRComm 1066.

Ingmar appeared for the NSW Government in proceedings to set rates of pay for most NSW public sector workers.

Interpretation

CFMMEU v OS MCAP [2023] FCAFC 51.

Ingmar appeared for the successful appellant union, in the case that determined the right of employees to not work on a public holiday unless first requested to do so. He also appeared in the subsequent application for special leave to the High Court (leave refused).

BlueScope Steel (AIS) Pty Ltd v Australian Workers’ Union [2019] FCAFC 84.

Ingmar appeared for the AWU in an appeal that determined the meaning of ‘ordinary hours of work’ and ‘ordinary time earnings’ in Superannuation Guarantee legislation, and so determined what part of the overall remuneration is superable.

Construction, Forestry, Maritime, Mining and Energy Union v Boom Logistics Limited; WGC Crane Group Pty Ltd [2018] FWCFB 6200.

Ingmar appeared for the employer in a case that considered what constituted ‘pattern bargaining’ within the meaning of s412 of the Fair Work Act 2009.

Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29.

Ingmar appeared for the respondent union with Lucy Saunders and Celia Winnett in a case that considered the meaning of ‘day’ in s92 of the Fair Work Act 2009, and which determined the national minimum personal leave entitlement.

Jurisdictional Review

Aurizon Operations Ltd v RTBU [2024] NSWCA 24.

Ingmar appeared for the appellant in proceedings concerning alleged jurisdictional error in the approval of a variation to a rail operator’s accreditation which considered the extent to which workers and their unions are required to be consulted.

Elliott v Minister administering Fisheries Management Act 1994 [2018] NSWCA 123.

Ingmar appeared in an appeal which considered whether statutory instruments altering mud crab fishing rights were valid.

Coal and Allied Operations v Australian Industrial Relations Commission (2000) 203 CLR 194.

A case which determined the nature of an appeal to a Full Bench of the AIRC.

Endeavour Coal Pty Ltd v Association of Professional Engineers, Scientists and Managers, Australia [2012] FCA 764.

Application to quash a decision of the Fair Work Commission to issue good faith bargaining orders.

Endeavour Energy v CEPU (2016) 244 FCR 178.

Ingmar appeared for the successful union resisting an application to quash decisions made by the Fair Work Commission when exercising the private arbitration power conferred by a dispute resolution clause in an enterprise agreement.

Knowles v BlueScope Steel Ltd [2021] FCAFC 32.

Ingmar appeared for the successful company in proceedings brought to quash a decision by a Full Bench of the Fair Work Commission overturning an unfair dismissal decision.

PSA v Industrial Relations Secretary of NSW [2021] NSWCA 64.

Ingmar led Michael Easton and Zelie Heger for the respondent in proceedings taken by the PSA to quash a decision by the Industrial Relations Commission in respect of public sector rates of pay.

Underpayment

APESMA v Peabody Energy Australia Cal [2002] FCA 945.

Ingmar appeared in a successful application for orders arising from the non-payment of sick leave on retrenchment.

Fair Work Ombudsman v Winit (AU) Trade Pty Ltd [2023] FCA 1200.

Ingmar appeared for the company who admitted to serious contraventions arising from significant underpayments.

Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153.

Ingmar appeared for the regulator on appeal in a case that determined the application of when multiple contraventions of provisions in an Award will be treated as a single course of conduct for the purposes of s557 of the Fair Work Act 2009.

Fair Work Ombudsman v Step Ahead Security Services [2016] FCCA 1482.

Ingmar obtained for the first time an order that a director pay compensation for underpayments in addition to penalties.

Fair Work Ombudsman v Lohr [2018] FCA 5.

Ingmar appeared for the regulator in successful appeal from a decision where multiple contraventions had been incorrectly penalised as a single contravention.

Work Health & Safety Law

SafeWork NSW v Edstein Creative Pty Ltd (No.2) [2023] NSWDC 180.

Appeared for the prosecutor on a successful motion to lift stay of proceedings and which set a precedent as to the nature of particulars. The pleadings alleged failures to protect an installer of manufactured stone products from silicosis.

SafeWork NSW v Crown Ambulance Service of NSW) [2023] NSWDC 134.

Ingmar appeared on sentence for the Ambulance Service of NSW in respect of failings concerning the storage and handling of fentanyl.

SafeWork NSW v Lipman [2023] NSWIRComm 1034.

Ingmar appeared for the regulator appealing a decision that considered when an Improvement Notice is usually issued by an Inspector.

HD Projects v SafeWork NSW [2022] NSWCCA 212.

Ingmar appeared for the successful respondent in an appeal that considered the liability of a principal contractor for the acts of a labour hire worker.

SafeWork NSW v Freyssinet Australia Pty Ltd [2017] NSWDC 290.

Ingmar appeared for the successful prosecutor arising from a commercial construction site injury, following an eight-day trial.

SafeWork NSW v Edstein Creative Pty Ltd [2022] NSWDC 117.

Appeared for the prosecutor on the defendant’s motion to stay proceedings.  The pleadings alleged failures to protect an installer of manufactured stone products from silicosis.

McMahon v SafeWork [2019] NSWCCA 36.

An appeal on sentence. The court considered the question of culpability of an employer for a supervisor’s failure.

Orr v LD Operations Pty Ltd [2019] NSWDC 727.

Ingmar appeared for the defendant on a guilty plea arising from a coal mine incident.

Poletti Corporation Pty Ltd v SafeWork NSW [2020] NSWCCA 243.

An appeal against conviction.

Linnane v Cummings [2020] NSWDC 356.

Successful prosecution following a nine-day trial arising from fatality in an opal mine.

Landmark Roofing Pty Ltd v SafeWork NSW [2021] NSWCCA 95.

An appeal that considered whether the acts or omissions of a supervisor could be properly imputed to the corporate defendant. An application for special leave to appeal has been filed in the High Court.

SafeWork NSW v Solveco Pty Ltd (No1) [2021] NSWDC 298.

Application to amend pleadings following opening the case, following which the case was adjourned and subsequently the corporate defendant entered a plea of guilty.

Linnane v Peak Gold Mines Pty Ltd [2021] NSWDC 565.

Appeared for the prosecutor (Resources Regulator) in a sentencing hearing.  The case involved a death arising from ventilation issues in an underground metalliferous mine.

SafeWork NSW v Edstein Creative Pty Ltd [2022] NSWDC 117.

Appeared for the prosecutor on the defendant’s motion to stay proceedings. The pleadings alleged failures to protect an installer of manufactured stone products from silicosis.

Ingmar's Notable Cases

CFMMEU v OS MCAP [2023] FCAFC 51. Ingmar appeared for the successful appellant union, in the case that determined the right of employees to not work on a public holiday unless first requested to do so. He also appeared in the subsequent application for special leave to the High Court (leave refused).

HD Projects v SafeWork NSW [2022] NSWCCA 212. Ingmar appeared for the regulator in an appeal that considered the liability of a principal contractor for the acts of a labour hire worker.

Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] 271 CLR 495. Ingmar appeared for the respondent union in the case that determined the national minimum personal leave entitlement for those working non-standard hours.

BlueScope Steel (AIS) Pty Ltd v Australian Workers’ Union [2019] FCAFC 84. Ingmar appeared for the AWU in an appeal that determined what proportion of standard fortnightly remuneration should be used to calculate superannuation contributions under Superannuation Guarantee legislation.

Workplace Relations Case (2006) 229 CLR 1. Ingmar appeared in the case that determined the validity of the WorkChoices legislation, and which now underpins the validity of the Fair Work Act 2009.

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