PRESTON, Rebecca

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PRESTON, Rebecca


Areas of Practice

  • Employment/Industrial
  • Equal Opportunity/Discrimination
  • Contract
  • Disciplinary Tribunals
  • Occupational Health and Safety
  • Coronial Inquests
  • Administrative Law

 

Rebecca continues to be recognised in Doyle's Guide to the Best Barristers in Victoria (2017, 2018 and 2019) in the field of Employment and Work Health Safety; is a member of the Committee of the Industrial Bar Association; and is one of two representatives of counsel sitting on the Fair Work Commission Unfair Dismissal Users' Group.

Rebecca primarily practises in the areas of employment, industrial relations and anti-discrimination law. She also practices in commercial law, particularly in matters concerning commercial contracts and pre-contractual representations.

Rebecca is regularly briefed to provide prospects and strategic advice to clients, and has represented clients in VCAT, the Fair Work Commission, County Court, Supreme Court, Federal Circuit Court and Federal Court - at first instance and variously on appeal.

Along with her undergraduate Honours degree in Law, Rebecca holds a Bachelor of Science (Genetics and Microbiology, Monash, first class Honours average), and a Master of Laws (Melbourne, first class Honours average, recipient of prize for the top Labour Relations student).

For a sample of cases in which Rebecca has appeared since coming to the Bar, see below:

- PG Nominees Pty Ltd atf Ryan Family Trust v WBHO Infrastructure Pty Ltd [2020] VSC 48, led by Suresh Senathirajah QC (employee share plan - successful application to withdraw admission - successful defence of application to cross examine)

- Application by Hays Specialist Recruitment (Australia) Pty Ltd [2020] FWA 404 (successful application to terminate an enterprise agreement after its nominal expiry date, opposed by the CEPU)

- Victorian Xray Group Pty Ltd v Ho [2020] FCA 27 (successful defence of claim as to competency - whether court at first instance was exercising jurisdiction under the Fair Work Act 2009 - whether court at first instance was exercising summary jurisdiction)

- Joseph Kearney v Accrue Property Pty Ltd and Anor [2020] FCCA 74 (successful defence of pleadings - interaction of legal construct of continuing breach and accessorial liability provisions of the Fair Work Act 2009)

- Toby Tucker v The State of Victoria [2019] VSC 635, led by Justin Bourke QC (successful defence of application for stay/adjournment - whether stay of proceedings pending determination of Fair Work Commission proceedings appropriate)

- Toby Tucker v The State of Victoria [2019] VSC 481, led by Justin Bourke QC (successful prosection of costs application, indemnity costs, s 570: whether the proceeding related to a matter arising under the Fair Work Act 2009 (Cth))

- Separator Technology Solutions Pty Ltd v Yin Han [2018] VCC 1922 (breach of confidence - successfully defended application for interlocutory injunction - no serious question to be tried)

- AC v St Joseph's Flexible Learning Centre [2019] FWC 6630 (successful unfair dismissal application - alleged misconduct - no valid reason found to exist)

- Nurses Kurucuk v Mining One Pty Ltd [2019] FWC 1236 (successful defence of costs application)

- Boeing Aerostructures Australia Pty Ltd t/a Boeing Aerostructures Australia v Gualano, Tuddenham and Anor [2018] FWC 7490 (dispute under DRP as to the interpretation of an enterprise agreement)

- The Police Federation of Australia v Victoria Police [2018] FWC 5695 (arbitration of request for flexible work arrangement - whether refusal was on reasonable business grounds)

- Larosa v Number 100 Pty Ltd & Anor [2018] FCCA 1312 (successfully defended claims for underpayments, breaches of general protections; existence of employment relationship)

- Dyke and Pedlar v Frank D'Urbano Management Services Pty Ltd (2018) H12194260, H12193631 (ordinary and customary turnover of labour associated with the loss of Australia Post delivery contracts)

- Yadav v Trustee for Maddingley Montessori Centre Unit Trust [2018] FWC 2883 (successful unfair dismissal claim, finding that conduct did not amount to misconduct and there was no valid reason for dismissal

- In the matter of the Suitability Panel RIVE 17 (confidential) (acting for the employee, finding that the employee did not present an unacceptable risk to children under the Children Youth and Families Act 2005 (Vic))

- United Firefighters' Union v Metropolitan Fire Brigade (2017) FCA (defending application for interlocutory injunction, alleged breach of consultation obligations under enterprise agreement, led by Melinda Richards SC)

- Kyle Bumpstead v Wyndham Central Secondary College [2017] FWC 5794 (successfully opposed a finding of jurisdiction, application dismissed)

- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Postal Corporation [2017] FCA 1091 (successfully defeated claims for breach of superannuation trust deed, s.345 FW Act (misrepresentations about workplace rights) and claims in estoppel and contract, application dismissed) (led by Jennifer Batrouney QC)

- Darren Lacey and Chris Kandelaars v Murrays Australia Pty Limited; Andrew Cullen [2017] FWC 3136 (successfully opposed application for bullying orders, application dismissed)

- Knight v Visionstream Australia Pty Limited [2017] FCCA 980 (application to amend parties to a general protections claim dismissed where employer was not the entity named in the FWC certificate)

- Paul Baird v Airservices Australia [2017] FWC 1946 (successfully defended unfair dismissal claim - misconduct)

- Fair Work Ombudsman v Food Republic Pty Ltd [2017] FCCA 263 (underpayments, record keeping breaches)

- Abdul Soomro v Murrays Australia Pty Limited T/A Murrays Australia [2016] FWC 8211 (successfully defended unfair dismissal claim, application dismissed)

- Bendigo Health Care Group v Richard Logan [2016] FWCFB 7190 (successfully defended appeal and successfully prosecuted unfair dismissal claim at first instance, employee reinstated with backpay)

- United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2016] FWCFB 2894 (dispute about matters pertaining, led by Melinda Richards SC)

- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v CBI Constructors Pty Ltd [2015] FWC 7460 (dispute about shift work allowances, led by Richard Dalton)

- Lion Dairy and Drinks Milk Limited v Peter Norman [2016] FWCFB 4218 (successful appeal, application dismissed)

- Peter Norman v Lion Dairy and Drinks Milk Limited [2016] FWC 840 (unfair dismissal - medical incapacity)

- Jahangir Farzady v Monochromatic Engineering Pty Ltd T/A MCE Lasers [2015] FWC 7216 (unfair dismissal, compensation cap awarded (6 months))

- Monochromatic Engineering Pty Ltd T/A MCE Lasers v Jahangir Farzady [2016] FWCFB 1061 (successfully defended permission to appeal application)

- Virata v NSW Motel Management Services Pty Ltd [2015] FWC 7932 (unfair dismissal, compensation cap awarded (6 months))

 

 

From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.



 

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