1 JG4147

Nico Burmeister

Bar roll 2013 Admitted 2003
  • Commercial Law Employment & Industrial
  • Public Law
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Nico Burmeister practises primarily in industrial relations and employment law. He is a member of the Victorian and Western Australian Bars.

After a decade as a solicitor, Nico was called to the Bar in 2013 and quickly developed a national practice.

He is consistently recognised in peer- and client-reviewed publications (most recently in Chambers and Partners Asia Pacific Rankings – Employment: The Bar in Australia 2022, The Legal 500 – Asia Pacific – Australia Bar – Commercial Disputes 2022, Doyles Leading Employment Law Junior Counsel – Victoria, 2022 and Best Lawyers in Australia (Labour and Employment Law) 2021-2022.

Nico has extensive experience, both as junior counsel and unled.

Before being called to the Bar, Nico litigated – and practised employment law – at Allens (now Allens Linklaters), and Norton Rose Fulbright. In addition, he spent two years in-house at Chandler Macleod Group Limited (then an ASX-listed labour-hire and recruitment conglomerate) where he was General Counsel.

Nico’s academic qualifications include a Master of Law and Management from the University of New South Wales and the Australian Graduate School of Management; and a Bachelor of Laws and a Bachelor of Arts (Political Science) from the University of Western Australia.

Nico is an executive committee member of the Industrial Bar Association and the Editor of the Victorian Bar News.

Finally, Nico is a long-suffering – but ultimately patient – member of the Fremantle Football Club.

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Aickin Chambers
Level 22 Room 09

200 Queen Street 
Melbourne VIC 3000 

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Class Actions
  • Contractual Disputes
  • Sports Law
Employment & Industrial
  • Appellate
  • Confidential Information
  • Discrimination
  • Employment Contracts
  • Industrial Disputes
  • Public Sector Appeals
  • Restraint of Trade
  • Statutory Employment Rights
  • Work Health & Safety
Public Law
  • Commissions & Inquiries

Qualifications

Qualifications

Master of Law and Management

Bachelor of Laws

Bachelor of Arts (Political Science)

Graduate Diploma Legal Practice

Admitted

Victoria

Western Australia

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Languages

German

Recent Cases

Motion v Qantas Airways Limited [2022] FCA 25 Junior counsel for Qantas resisting injunctive relief to prevent enforcement of COVID-19 vaccine policy. Led by John Sheahan QC.

TWU v Qantas & Anor [2021] FCA 1602 – Junior counsel for Qantas resisting orders to reinstate over 1,800 outsourced former ground operations employees. Led by Richard Dalton QC and with Matthew Follett.

Krystle Giggs v St John Ambulance Western Australia Ltd [2021] FWC 5991 – Counsel for St John Ambulance in proceedings brought in relation to vaccine mandate(unled).

VICT v CFMMEU; VICT v Hilakari; Lunt v VICTJunior counsel for Victoria International Container Terminal Limited in ongoing proceedings relating to picketing and other industrial disputation at Webb Dock. Led by Stuart Wood AM QC and with (variously) John Snaden (as his Honour then was), Robyn Sweet and Alex Manos, including:

- High Court appeal (VICT v Lunt (2021) 388 ALR 376);

- picketing injunction (VICT v CFMMEU (2018) 285 IR 28);

- representative injunction (VICT v Hilakari [2017] VSC 762);

- tort (VICT v CFMMEU [2018] VSC 181);

- contempt of court (VICT v CFMMEU [2018] VSC 794); and

- judicial review, general protections, and abuse of process (Lunt v VICT (No 2) (2019) 165 ALD 542 and Lunt v VICT [2020] FCAFC 40).

AMWU v Kerman Contracting Pty Ltd [2020] FWCFB 5591 – Counsel for Kerman Contracting Pty Ltd defending appeal against approval of enterprise agreement (unled).

KDR Victoria Pty Ltd (trading as Yarra Trams) v RTBU – Junior counsel for Yarra Trams in various proceedings relating to industrial disputation (led by Frank Parry QC and Richard Dalton QC).

Batista v Wells Fargo International Finance (Australia) Pty Ltd [2020] FCCA 829 – Counsel for Wells Fargo defending general protections proceeding.

Australian Workers’ Union v Registered Organisations Commissioner (2019) 168 ALD 11– Junior counsel for Senator Michaelia Cash’s former Chief of Staff in trial regarding investigation into AWU donations and associated Australian Federal Police raids (led by Richard Dalton QC).

Schroder-Turk v Murdoch University (No 2) [2019] FCA 1434 – Counsel for Murdoch University in interlocutory dispute (unled).

RTBU v Metro Trains Sydney Pty Ltd [2019] FCA 1008 – Counsel for Metro Trains Sydney Pty Ltd in interlocutory dispute (unled).

Atkinson v Killarney Properties Pty Ltd & Ors [2018] FCCA 3634, [2016] FCCA 3233 (and others) – Counsel for Killarney Properties and its directors and managers defending general protections, and other related, proceedings (unled).

McMahon v Dyson’s Bus Service Pty Ltd [2018] FWA 7285 – Counsel for Dyson’s Bus Service defending unfair dismissal claim for reinstatement (unled).

Vickers v Coles Supermarkets Australia Pty Ltd [2017] FWCFB 3131 (and others) – Junior counsel for Coles defending application to terminate its 2011 enterprise agreement with retrospective effect (led by Stuart Wood QC and with Marc Felman).

MUA v Farstad Shipping (Indian Pacific) Pty Ltd [2017] FWC 2650 – Counsel for Farstad Shipping in relation to industrial dispute with the MUA (unled).

AWU v CBI Constructions Pty Ltd [2017] FWC 892 – Counsel for CBI Constructions in relation to industrial dispute with the AWU (unled).

Hart v Coles Supermarkets Australia Pty Ltd [2016] FWCFB 2887 – Junior counsel for Coles in appeal against approval of 2014 enterprise agreement (led by Stuart Wood QC and with Marc Felman).

SSKB v SetiaJunior counsel for SSKB in claims against former customer and employee (contract, misleading and deceptive conduct, fiduciary duties, tort and statutory duties) (led by Jeffrey Gleeson QC).

Patrick Projects Pty Ltd v The Maritime Union of Australia & Ors – Junior counsel for Patrick stevedores in proceedings arising from industrial dispute regarding Gorgon Project (unlawful industrial action) (led by Stuart Wood QC).

Scandinavian Tobacco Group v Trojan Trading Company (2015) 115 IPR 246 and (2016) 119 IPR 247 – Junior counsel for STG prosecuting claims related to parallel importation of commercial quantities of tobacco products (led by Ed Heerey QC).

DOF Management Australia Pty Ltd v The Maritime Union of Australia [2016] FWCA 4654, MMA Offshore Logistics Pty Ltd v The Maritime Union of Australia[2016] FWC 4868,Smit Lamnalco Australia Pty Ltd v The Maritime Union of Australia [2016] FWC 5249 – Co-counsel in contested applications for approval of enterprise agreements (with Richard Dalton QC).

Nube Pty Ltd v Viljoen – Counsel for former employee defending application for urgent injunctive relief (post-employment restraints of trade).

Beaver Mining Supplies v Lewis – Counsel for Beaver Mining in application for urgent injunctive relief (post-employment restraints of trade).

Memberships

Industrial Bar Association

Commercial Bar Association

WA Bar Association