DALTON, Richard QC
Areas of Practice
- Disciplinary Tribunals
- Equal Opportunity/Discrimination
- Occupational Health and Safety
- Trade Practices
In over 25 years of practice as a workplace relations lawyer, Richard has acted for most of the significant employers in Australia across all industries,
including coal and metalliferous mining, offshore oil and gas, airlines, stevedoring, transport and logistics, building and construction, power generation,
telecommunications and manufacturing. Richard has also acted extensively for government and public sector employers, as well as regulators such as
the Fair Work Ombudsman and the ABCC.
Richard has a national practice, regularly advising and appearing interstate. He appears in courts and tribunals in the full range of industrial and employment
- injunctions and civil penalties under the Fair Work Act 2009;
- enforcement of awards/enterprise agreements;
- managing compliance issues, including FWO investigations, enforcement undertakings and other FWO enforcement activity
- all types of proceedings in the Fair Work Commission, particularly appeals, private arbitrations, industrial action orders, right of entry disputes
and union demarcation and rules cases;
- adverse action and wrongful dismissal claims;
- discrimination claims;
- OHS prosecutions.
Recent cases include:
- Esso Australia Pty Ltd T/A Esso v The Australian Workers’ Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia; the Australian Manufacturing Workers’ Union  FWC 6143
- DP World Melbourne Limited v Construction, Forestry, Maritime, Mining and Energy Union  FCA 1209
- Construction Forestry Maritime Mining and Energy Union v McConnell Dowell Constructors (Aust) Pty Ltd  FCA 1376
- Civil Air Operations Officers’ Association of Australia v Airservices Australia  FCA 1542
- Fair Work Ombudsman v Hu (No 2)  FCAFC 133 (16 August 2019)
- Australian Building and Construction Commissioner v Powell (No 2)  FCA 972
- Minister for Industrial Relations for the State of Victoria v Esso Australia Pty Ltd  FCAFC 26 (19 February 2019)
- Australian Workers' Union v Registered Organisations Commissioner (No 7)  FCA 195 (15 February 2019)
- Treasury Wine Estates Vintners Limited v Pearson  FCAFC 21 (13 February 2019)
- Pilbara Iron Company (Services) Pty Ltd t/a Rio Tinto Iron Ore v Michael Ballam  FWCFB 1747
From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
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