SWEET, Robyn

Enquiry / Availability

SWEET, Robyn


Areas of Practice

  • Administrative Law
  • Commercial
  • Corporations
  • Disciplinary Tribunals
  • Employment/Industrial
  • Equal Opportunity/Discrimination
  • Liquor Licensing
  • Securities
  • Trade Practices

 

Robyn specialises in advising and appearing in industrial relations, employment and equal opportunity/anti-discrimination matters. She regularly appears in superior and lower Federal and State courts, the Fair Work Commission and the Victorian Civil and Administrative Tribunal.

Robyn has an extensive knowledge of the Fair Work Act 2009 (Cth) and related industrial legislation. She regularly advises and appears in unfair dismissal and adverse action proceedings, as well as proceedings relating to the taking of industrial action.

She also appears in health practitioner disciplinary proceedings, coronial inquests, statutory enforcement proceedings and prosecutions for contempt of court.

EXAMPLES OF RECENT CASES

2016

AGL Loy Yang Pty Ltd - Loy Yang Power Enterprise Agreement 2012 - Fair Work Commission - s.225 application to terminate an enterprise agreement which had passed its nominal expiry date (with Frank Parry QC)

Victorian Hospitals' Industrial Association v Health Services Union - Fair Work Commission - s. 425 application for suspension of protected industrial action

Director, Fair Work Buiding Industry Inspectorate v CFMEU - Federal Court of Australia (Queensland Registry) - application for interlocutory injunctive relief - allegations of coercion under the Fair Work Act 2009 (Cth) (with J Bourke QC)

Family and domestic violence clause - Fair Work Commission - s.156 - Four yearly review of modern awards

Psychology Board of Australia v Wilkinson - Victorian Civil and Administrative Tribunal - disciplinary proceedings under the Health Practitioner Regulation National Law.

Roneberg v Airservices Australia - Fair Work Commission - unfair dismissal proceeding

Smith v Bowls Victoria - Victorian Civil and Adminstrative Tribunal - disability discrimination proceeding

Seidler v Royal Melbourne Institute of Tafe - Federal Circuit Court of Australia (New South Wales Registry) - application for vexatious litigant orders

Davis v Sullair Australia Pty Ltd - Magistrates' Court of Victoria - common law and statutory claim for redundancy pay

Maritime Union of Australia v Fair Work Ombudsman - Full Court of the Federal Court - appeal - liability, penalty and compensation orders in respect of breaches of s.346 of the Fair Work Act 2009 (Cth) in relation to publication of scab poster in Fremantle (with Justin Bourke QC)

2015

Barkho v Dairy Country Australia Pty Ltd – Fair Work Commission – unfair dismissal proceeding

Swiegers v Commonwealth Scientific and Industrial Research Organisation – New South Wales District Court – common law – breach of contract – termination of employment (with Justin Bourke QC)

Mazalevskis v Redundancy Payment Central Fund t/as Incolink – Federal Circuit Court of Australia – application for summary dismissal/strike out of pleading (with Herman Borenstein QC)

Abela v State of Victoria – Full Court of the Federal Court – appeal – allegations of unlawful disability discrimination - Disability Standards in Education (with Justin Bourke QC)

Fair Work Ombudsman v Openica Logistics – Federal Circuit Court of Australia – trucking business – underpayment of employees – agreed contraventions of Fair Work Act 2009 (Cth) - penalty hearing

Rangi v Mushroom Exchange Pty Ltd & Ors – Federal Circuit Court of Australia – general protections claim – application to summarily dismiss / strike out applicant’s claim

CFMEU v Boral Resources (Vic) Pty Ltd (for the Attorney General for the State of Victoria) – application for special leave to the High Court (with J Davis, now SC)

CST Minerals Lady Annie Pty Ltd – Federal Court of Australia – sex discrimination – application to summarily dismiss / strike out applicant’s claim

Alcoa v CFMEUFair Work Commission – application for leave to appeal against decision to grant majority support determination

2014

Mohamed-Ali v Australian Leisure and Hospitality Group – Victorian Civil and Administrative Tribunal – unlawful race discrimination claim

Ambulance Victoria v United Voice– Federal Court of Australia – industrial action proceeding (with Frank Parry QC)

Armstrong World Industries v Parma– Federal Court of Australia – application for interlocutory injunction

Crawford v Steadmark Pty Ltd – Federal Circuit Court of Australia – application to summarily dismiss / strike out applicant’s claim

Howie v Royal Society for the Prevention of Cruelty to Animals – Fair Work Commission – unfair dismissal proceeding

Crowe v Chubb Fire & Security Pty Ltd & Anor – Fair Work Commission – application to stop bullying

Construction, Forestry, Mining and Energy Union v Corinthian Industries Australia Pty Ltd & Anor – Federal Court of Australia – general protections claim (with Frank Parry QC)

Pearson v Linfox Australia Pty Ltd – Full Bench of the Fair Work Commission – appeal against decision to dismiss application for relief from unfair dismissal

Construction, Forestry, Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd & Ors; Construction, Forestry, Mining and Energy Union v Boral Resources Pty Ltd (for the Attorney General for the State of Victoria) – Court of Appeal – contempt of court – application for leave to appeal the decision of Justice Digby of the Supreme Court of Victoria (with J Davis, now SC)

Boral Resources Pty Ltd v Construction, Forestry, Mining and Energy Union (for the Attorney General for the State of Victoria) (for the Attorney General for the State of Victoria) – Supreme Court of Victoria – application for leave to appeal the decision of Associate Justice Daly (with J Davis, now SC)

Grocon Constructors Pty Ltd v Construction, Forestry, Mining and Energy Union – Supreme Court of Victoria – contempt of court – penalty hearing (with S Wood QC)

Hall v Hannanprint Pty Ltd – Fair Work Commission – unfair dismissal proceeding – jurisdictional objection (high income threshold)

2013

Murrihy v Betezy.com.au & Anor – Federal Court of Australia – general protections claim – underpayment claim (with Michael Pearce SC)

Pearson v Linfox Australia Pty Ltd – Fair Work Commission – unfair dismissal proceeding

Emergency Services Telecommunications Authority v United Voice & Ors: Fair Work Commission – application to terminate or suspend industrial action (with Frank Parry QC)

Subir Roy v Mphasis Australia Pty Ltd Fair Work Commission – unfair dismissal proceeding

Rosa Resta v Myer Pty Ltd – Fair Work Commissionunfair dismissal proceeding

Fiona Austin v Honeywell Ltd Federal Circuit Court of Australia – general protections claim

Psychology Board of Australia v Dr T Van Megchelen Victorian Civil and Administrative Tribunal – disciplinary proceeding pursuant to the Health Practitioner Registration Act 2005 (Vic) alleging unprofessional conduct and professional misconduct against a psychologist (with Andrew Clements QC)

Fair Work Ombudsman v Maritime Union of Australia & William Tracey – Federal Court of Australia – general protections claim (with Justin Bourke QC)

RECENT PAPERS

O'Grady, P and Sweet, R, "The Use and Misuse of Social Media and Technology - Employment Consequences" - paper given to a CPD workshop of barristers and solicitors in November 2015.

ADDITIONAL INFORMATION

Robyn is the immediate past Secretary of the Industrial Bar Association.


 

From 07 Aug 2008, liability limited by a scheme approved under Professional Standards legislation.


 

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McPhee Mediation Centre

Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.

Phone: 9670 4003

Email: McPheeMediation@gmail.com


 

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