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Counsel commenced employment in the Solicitor for Railways Office in 1979 in an Administrative Role and remained in that office up until August 1988. During this period he instructed and appeared in various Tribunals and Courts involving a wide range of Industrial and Employment matters on behalf of the Solicitor for Railways.
In 1988, he was appointed Senior Industrial Relations Research Officer to the Public Transport Industrial Relations Division and subsequently appointed Industrial Relations Advocate.
Graduated BA. LL.B. from Monash University in May 1990. Admitted to practice as a Barrister and Solicitor of the Supreme Court of Victoria May 1990.Dispensation from Articles granted in recognition of previous work performed in the Solicitor for Railways Office.
Joined the firm A. J. Macken & Co. Queens Street Melbourne from June 1990 up until 1997 when he joined the Victorian Bar. During his seven years at A. J. Macken he frequently appeared as an advocate in the former Employees Relations Commission of Victoria, Industrial Relations Court of Australia, Australian Industrial Relations Commission, Victorian Equal Opportunity Commission and Federal Court of Australia in Industrial and Employment matters. During his service at A.J. Macken & Co he provided advice to a diverse range of associations, institutions, companies, departments and individuals on the content of Contracts of Service, Contracts for Service, Australian Workplace Agreements and Certified Agreements.
Considerable experience in conducting arbitrations, mediations and conciliations in all jurisdictions.
Appellate experience includes appearances in the following appeal cases:
Federal Court of Australia.
- Spastic Society of Victoria Ltd -v- Ardelle & Anor [2001] FCA 70 (9th Feb 2001)
- He, in the matter of an application for Writs of Mandamous and Certiorari or Constitutional Relief against Lewin [2004] FCAFC.
- Blagovich -v- Australian Industrial Relations Commission and Anor 172 ALR 611.
Australian Industrial Relations Commission - Full Bench Decisions
- Ellawala -v- Australian Postal Commission (Print S5109, 17 April 2000).
- Shop, Distributive and Allied Employees Association -v- $2 & under & ors (Print S8449, 24 July 2000).
- Y.Hassan and E.Abejaron -v- Nestle Dairy Products (Print S6338, 24 May 2000).
- Sulocki and Ors -v- Lockwood Security Products Ltd (Print PR908053, 23 August 2001).
- Stork Electrial Pty Ltd -v- Le Good (1999) 95 IR 1.
- A J Koch -v- Swinburne University of Technology (Print PR914913, 21 March 2002).
- A Smith and Ors -v- Moore Paragon (Print PR91567, 21 March 2002).
- R Notley -v- Magazine Production Pty Ltd (Print PR925351, 10 December 2002).
- A Smith and B Kimball -v- Moore Paragon (Print PR942856, 20 January 2004).
- B Laurence -v- Australian Red Cross (Print PR952784, 4 November 2004).
- Simon Engineering (Aust) Pty Ltd -v- G Dunphy (Print PR954827, 11 January 2005).
- J. Ashley v Statewide Autistic Services Inc (Print PR 959853, 7 July 2005)
- K. Hampson v Circuit Finance Australia Limited (C2006/1865, 21 March 2006)
- P.O’Meara v Stanley Works Pty Ltd. ( Print PR 973462, 11 August 2006)
- Ziday, Clarke, Tan, Paskins and Walker v Aged Care Services Australia Group Pty Ltd (Print PR 981582, 27 May 2008, [2008] AIRCFB 367
Victorian Bar Committee Memberships: President - Industrial Bar Association
Gerard has delivered papers at The Law Institute Victoria and as part of The Victorian Bar CLE Program on the topics of Employment and Industrtial Law.
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