Andrew Pollock Portrait

Andrew Pollock

Bar roll 2015 Admitted 2009
  • Commercial Law Employment & Industrial
  • Intellectual Property Tort Law
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Andrew Pollock has a national commercial, employment and industrial practice covering litigious, advisory and strategic matters

Andrew has a national practice covering litigious, advisory and strategic matters with a primary focus on industrial relations and employment related areas. He specialises in disputes arising from industrial action, enterprise bargaining and related disputes, strategic issues arising from major restructures and individual employee disputes. Andrew has also practised in media and entertainment law (with a focus on defamation and intellectual property issues arising in the music and screen industries).

Andrew’s clients span a range of industries including retail, airlines, transport and logistics, mining and resources, manufacturing, entertainment and the public sector. He appears regularly before the Federal Court, the Federal Circuit Court and the Fair Work Commission, at trial and appellate levels.

Andrew was recognised in Doyles Guide's Leading Employment and WHS Counsel in 2020, 2019 and 2018, and in its Emerging Employment and WHS Counsel 2017. 

Before coming to the Bar, Andrew was a Senior Associate in the Employment, Pensions and Incentives practice group at Herbert Smith Freehills. As a solicitor advocate, Andrew appeared regularly in the eastern States and Western Australia before the Federal Court, the Federal Circuit Court, the Fair Work Commission (at first instance and Full Bench levels), the Road Safety Remuneration Tribunal (at first instance and Full Bench levels) and the NSW Industrial Relations Commission.

Liability limited by a scheme approved under Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Aickin Chambers
Level 16 Room 15

200 Queen Street 
Melbourne VIC 3000 

View map

Jane King

03 9225 8558

0414 251 921

Expertise

Commercial Law
  • Appellate
  • Contractual Disputes
Employment & Industrial
  • Appellate
  • Discrimination
  • Employment Contracts
  • Industrial Disputes
  • Restraint of Trade
  • Statutory Employment Rights
  • Work Health & Safety
  • Workers Compensation
Intellectual Property
  • Confidential Information
  • Copyright & Designs
  • Media & Entertainment
  • Trade Marks
Tort Law
  • Defamation
Public Law
  • Administrative Law
  • Discrimination
  • Judicial Review

Qualifications

Qualifications

Bachelor of Arts (Mon)

Bachelor of Laws (Hons)(Mon)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Industrial Relations and Employment

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) [2020] FCA 1070 (with Justin Bourke QC)

Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd (No 2) [2020] FCAFC 106 (with Frank Parry QC)

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The College Crescent Case) [2020] FCA 757 (with Richard Dalton QC)

Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2020] FCAFC 81 (with Frank Parry QC)

Sabapathy v Jetstar Airways Ltd [2020] FCCA 1433 (unled - strike out application re adverse action and race/age discrimination claim).

Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Industry Union (C2020/292) (unled - dispute concerning alleged safety concerns arising from use of CGI training)

Jolly v Metro Trains Melbourne Pty Ltd [2020] FWC 1888 (unled - scope order and bargaining order applications)

Metro Trains Melbourne Pty Ltd v Ayles and Ors (C2020/409) (with Chris O'Grady QC)

Applications by Block, Ken [2020] FWC 3428 (with Chris O'Grady QC - applications for transfer and variation of enterprise agreements as a consequence of the creation of Fire Rescue Victoria).

Australian Capital Territory - ACT Public Sector [2020] FWC 2745 (unled - contested enterprise agreement approval)

United Firefighters' Union of Australia v Australian Capital Territory as represented by the Emergency Services Agency [2020] FWCFB 2485 (unled - appeal against enterprise agreement dispute arbitral orders).

Qantas Airways Limited v Mazzitelli [2020] FWCFB 2628 (unled - appeal against Jobkeeper dispute decision).

AMWU v Boeing Aerostructures Australia Pty Ltd [2020] FWC 4306 (unled - dispute over enterprise agreement public holiday entitlements)

Jones v Odyssey Marine Pty Ltd [2020] WAIRC 794 (unled - enterprise agreement contravention claim concerning annual leave accruals under even time roster arrangements).

Tham v Hertz Australia Pty Ltd [2020] VCAT 31 (unled - race discrimination claim)

Compass Group (Australia) Pty Ltd and anor v HSU [2020] FWCFB 504 (with Richard Dalton QC - appeal against enterprise agreement approval decision).

AWU v Downer EDI Engineering Power Pty Ltd [2020] FWC 2539 (with Richard Dalton QC - dispute over enterprise agreement rest break entitlements).

CPB Contractors Pty Ltd [2020] FWCA 2688 (unled - application to termiante enterprise agreement).

Jones v Odyssey Marine Pty Ltd [2020] WAIRC 118 (unled - strike out application in relation to an enterprise agreement contravention claim concerning annual leave accruals under even time roster arrangements).

Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Industry Union [2019] FCA 2034 (with Frank Parry QC)

Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Industry Union [2019] FCA 1265 (with Frank Parry QC)

The Hon. Christian Porter MP, Attorney General and Minister for Industrial Relations v Metropolitan Fire and Emergency Services Board; United Firefighters' Union of Australia [2019] FWCFB 6255 (with Chris O'Grady QC)

CFMMEU v McConnell Dowell Constructors (Aust) Pty Ltd and Ors (VID429/2019) (with Chris O'Grady QC)

Yang v Best International Group Pty Ltd and Fujitsu Australia Pty Ltd [2019] FCA 323 (unled - jurisdictional and pleadings objections - claim struck out against Fujitsu without leave to replead)

MTCT Services Pty Ltd v AWU and Ors (VID786/2017) (with Matt Follett)

CFMMEU and Ors v Specialist People Pty Ltd [2019] FWCFB 7919 (unled - appeal against enterprise agreement approval)

AWU v Rigforce Pty Ltd [2019] FWCFB 6960 (unled - appeal against enterprise agreement approval)

CFMMEU and Ors v Specialist People Pty Ltd [2019] FWCFB 6307 (unled - appeal against enterprise agreement approval)

AWU v Genesee & Wyoming Australia Pty Ltd [2019] FWC 2502 (unled - dispute over continuous shiftworker provisions)

Boris v Metcash Trading Ltd [2019] FWCFB 8213 (unled - appeal against dismissal of application for unfair dismissal remedy)

McFarlane v SRG Civil Pty Ltd [2019] FWCFB 8682 (unled - appeal against upheld jurisdictional objection - award coverage -  construction of Professionals Award)

NUW v Coles Group Supply Chain Pty Lt[2019] FWCA 1965 (with Frank Parry QC - contested enterprise agreement approval)

Mellios v Qantas Airways Ltd [2020] FWC 2989 (unled - application for unfair dismissal remedy)

SIkalias v Qantas Airways Ltd [2020] FWC 1830 (unled - application for unfair dismissal remedy)

Maguire v BHP Billiton Iron Ore Pty Ltd [2019] FWC 8046 (unled - application for unfair dismissal remedy)

Rattray and Anor v Kellogg Brown & Root Pty Ltd and Anor (M36/2018) (unled - redundancy pay dispute concerning expatriate employees - conflict of laws)

Snell v Bendigo & Adelaide Bank Ltd [2019] FWC 8050 (unled - application for unfair dismissal remedy)

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Kane Constructions Case) [2017] FCA 168 (appearing with Matt Follett for the Commissioner in Federal Court proceedings alleging contraventions of the Fair Work Act by the CFMEU and several of its officials).

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Kane Constructions Case) (No 2) [2017] FCA 368 (appearing with Matt Follett for the Commissioner in Federal Court proceedings seeking penalties for proved contraventions of the Fair Work Act by the CFMEU and several of its officials).

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Castlemaine Police Station Case) [2018] FCAFC 15 (with Justin Bourke QC).

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 197 (appearing with Dan Star SC for the Commissioner in  proceedings alleging contraventions of s 500 of the Fair Work Act by the CFMEU and one of its officials).

Australian Education Union v Royal Melbourne Institute of Technology [2018] FCA 1985 (appearing with Paul O'Grady QC for RMIT defending an interlocutory injunction seeking to restrain the conduct of a vote for the making of an enterprise agreement on the basis of alleged misrepresentations about the content of that agreement).

United Firefighters Union of Australia v Metropolitan Fire and Emergency Services Board [2018] FCA 1161 (appearing with Fran O'Brien QC for the MFB in proceedings concerning contraventions of consultation terms in an enterprise agreement).

Harvey v South32 Cannington Pty Ltd [2017] FCCA 1471 (appearing for South32 Cannington in proceedings alleging general protections contraventions).

Application by Metropolitan Fire and Emergency Services Board ([2019] FWC 106) (appearing with Chris O'Grady QC and Rebecca Nelson for the MFB in a contested enterprise agreement approval application).

Applications by John Holland Pty Ltd and CPB Contractors Pty Ltd (AG2018/6254, AG2018/6255) (appearing with Jonathan Forbes for the CPB-John Holland Joint Venture in contested applications for approval of greenfields agreements covering the West Gate Tunnel Project).

CFMEU v CPB Contractors Pty Ltd [2018] FWCFB 3702 (appearing for CPB Contractors in an appeal concerning approval of a greenfields agreement).

CFMMEU v Macmahon Contractors Pty Ltd [2018] FWCFB 4429 (appearing for Macmahon Contractors in an appeal concerning approval of an enterprise agreement).

Tham v Hertz Australia Pty Ltd [2018] FWCFB 5972 (appearing for Hertz in an appeal from an unfair dismissal application). 

AMWU v Motors TAS Pty Ltd [2018] FWCFB 4584 (appearing for Motors TAS in an appeal concerning a majority support determination and the AMWU's constitutional coverage).

Esso Australia Pty Ltd v Stephens [2017] FWCFB 3783 (appearing for Esso in an appeal concerning industrial instrument coverage of an employee during periods between international assignments).

BGC Contracting Pty Ltd v AMWU and Ors [2017] FWCFB 2741 (appearing with Richard Dalton for BGC Contracting in an appeal against an enterprise agreement approval decision).

CFMEU v CBI Constructors Pty Ltd [2018] FWCFB 2732 (appearing for CBI in an appeal cocnerning approval of a single enterprise agreement).

Farstad Shipping (Indian Pacific) Pty Ltd v Rust [2017] FWCFB 4738 (appearing for Farstad in an appeal concerning contraventions of applicable drug and alcohol policies).

Re CBI Contractors Pty Ltd [2017] FWCA 6837 (appearing for CBI Contractors in a contested enterprise agreement approval proceeding). 

Thanika v Morgan Technical Ceramics Pty Ltd [2018] FWC 6730 (appearing for MTC in a s 739 arbitration over consultation obligations).

Tham v Hertz Australia Pty Ltd [2018] FWC 3967 (appearing for Hertz in an unfair dismissal arbitration).

Law v Groote Eylandt Mining Company Pty Ltd t/as South32 GEMCO [2018] FWC 1824 (appearing for GEMCO in an unfair dismissal arbitration).

Higgins v Coles Supermarkets Australia Pty Ltd [2017] FWC 6137 (appearing for Coles in an unfair dismissal arbitration).

Price v Coles Supermarkets Australia Pty Ltd [2017] FWC 3102 (appearing for Coles in an unfair dismissal arbitration).

Khan v Risk Protection Group Pty Ltd [2017] FWC 740 (appearing for RPG in an unfair dismissal arbitration). 

Eliana Construction and Developing Group Pty Ltd v Moghimi [2016] FCAFC 113 (appearing with Marc Felman for the Respondent in an application for judicial review of an unfair dismissal appeal).

IOOF Service Co Pty Ltd and Anor v Elliott and Anor (VID1261/2016) (appearing with Robert Goot SC for the Applicant in Federal Court proceedings alleging breaches of s 183 of the Corporations Act, breaches of confidence and breaches of contractual restraints).  

Alcwyn Roberts and Peter Collins v Coles Group Supply Chain Pty Ltd t/as Coles [2016] FWC 4898 (appearing for the Respondent in a s 739 arbitration over compliance with consultation obligations in the context of a significant restructure).

Dufall v Greyhound Australia Pty Ltd [2015] FWC 2684 (appearing for the Respondent in an unfair dismissal arbitration brought by a dismissed union delegate in the context of a protracted industrial dispute).

Drake v Coles Supermarkets Australia Pty Ltd [2014] FWCFB 6746 (appearing for the Respondent in an unfair dismissal appeal).

Merlino v Coles Supermarkets Australia Pty Ltd [2015] FWC 8106 (appearing for the Respondent in an unfair dismissal arbitration brought by a dismissed store manager). 

AWU v SSX Services Pty Ltd [2015] FWC 2257 and SSX Services Pty Ltd v AWU [2015] FWCFB 3964 (appearing for the Respondent in a stand down dispute concerning availability of useful work).

Gutzeit v Liquorland (Qld) Pty Ltd [2015] FWCFB 5389 (appearing for the Respondent in an appeal of a decision refusing extension of time to file an unfair dismissal application).

Wijehewa v Coles Supermarkets Australia Pty Ltd [2015] FWCFB 3501 (appearing for the Respondent in an appeal of a decision refusing extension of time to file an unfair dismissal application).

Gill v Jetstar Airways Pty Ltd [2016] FWC 1472 (appearing for the Respondent in an unfair dismissal arbitration).

Murray Goulburn Co-Operative Limited v CEPU [2014] FWC 5647 (appearing for the Applicant seeking orders to stop unprotected industrial action).

Re TWU application for road safety remuneration orders [2013] RSRTFB 7 (appearing for Coles Supermarkets Australia Pty Ltd in conciliation and arbitration before a Full Bench of the RSRT for RSROs in the retail and long distance sectors of the road transport industry).

TWU v Greyhound Australia Pty Ltd (ex tempore on transcript(appearing for the Respondent in a number of contested protected action ballot order applications). 

Intellectual Property

Alltech, Inc v Optigen Ingredients Pty Ltd [2016] ATMO 46 (appearing for the Removal Opponent in an application to remove trade mark registrations for non-use. The Removal Opponent's opposition was upheld).