Josh Martin

Wage and related claims for NSW doctors; application of wage fixation principles (matter ongoing).

Increased wages for NSW firefighters of 14%, plus 1% superannuation, as well as the introduction or expansion of various conditions (e.g. allowances for RPAS, HAZMAT and major/minor aerial work; increasing the base allowance where more than one rescue qualification is held; on-call, disturbance and intrastate/interstate deployment allowances; and increasing the minimum payment for retained firefighters).

Leading authority on the protection of employees discussing remuneration per s.333B of the FW Act; applicant successfully claimed he was terminated for exercising workplace rights by discussing remuneration and making complaints or inquiries in relation to his employment.

Leading authority on obtaining full-time remote working arrangement.

Plaintiff entitled to an implied reasonable notice period in the amount of five months’ pay (led by J. Darams SC)

Successful defence of judicial review application seeking to quash a decision of the FWC Full Bench making a single interest employer authorisation (led by L. Saunders).

Successfully defended s.418 application seeking orders to stop industrial action (led by L. Saunders).

Employees entitled to enterprise component of redundancy pay above the NES

Resisted appeal regarding union’s successful application regarding entitlement to a heavy vehicle driving allowance under the incorporated award.

Union’s construction upheld on appeal preserving an entitlement to bank hours towards time off work.

Workplace determination leading to wage increases of 23%-30%, backpay, increased overtime rates, and removal of two-tier wage structure for First Officer pilots on behalf of AIPA

Workplace determination leading to 16% increase in wages for light rail employees (led by L. Saunders)

Approval of enterprise agreement quashed on appeal due to the absence of genuine agreement.

Charge of alleged on-field slur dismissed.

Downgraded to one match suspension for contrary conduct.

Reinstatement orders for dismissal involving alleged non-compliance with lock out tag out procedure.

Resisted appeal of successful unfair dismissal application involving reinstatement.