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Dominic Fleeton

Special Counsel
+61.3.9205.2122
Fax +61.3.9205.2055

Mr. Fleeton is a workplace relations and safety lawyer who advises private sector and government employers on all facets of industrial relations, employment and work health and safety law. Mr. Fleeton is experienced in developing and implementing industrial relations strategies, enterprise bargaining, responding to lawful and unlawful industrial action, and dealing with collective and individual employee disputes. He regularly represents clients in proceedings brought in the Fair Work Commission, the Federal Court and the Federal Circuit Court.

Mr. Fleeton has developed extensive work health and safety practice which has a strong focus on the building and construction industry. He advises clients on the scope of their legislative obligations, assists them to develop strategies to ensure compliance with those obligations including in relation to situations involving contractors and other third parties, and provides 24/7 crisis management support in the aftermath of major safety incidents.

Mr. Fleeton has represented several Commonwealth agencies in relation to applications for judicial review made by current and former employees pursuant to the Administrative Decisions (Judicial Review) Act 1977. He also advises the Commonwealth in relation to the Public Interest Disclosure Act 2013, freedom of information requests, and investigation by the Commonwealth Ombudsman and the Office of the Australian Information Commissioner.

Professional Background

Prior to joining the firm, Mr. Fleeton worked in an international law firm.

Achievements

Recognized as a 'Rising Star' - Employment & WHS, Australia – Doyle's Guide (2016/2017)

Professional/Civic Activities

  • Industrial Relations Society of Victoria
  • Law Institute of Victoria
  • Assisted a major construction company during a regulator investigation of a fatality which occurred during construction at a mine site in regional New South Wales. Mr. Fleeton assisted the client and various senior executives in its dealings with the regulator and to formulate responses to a large number of notices requiring the provision of information and documentation which were issued by the regulator.
  • Advised and represented a client operating in the meat industry in a prosecution for an alleged breach of the Occupational Health and Safety Act 2004 (Vic) arising from a serious injury to a labour hire worker. Mr. Fleeton advised the client on prospects, worked with counsel to prepare a plea in mitigation and, as a result, helped the client to avoid conviction.
  • Provided briefings and advice to senior executives and Boards in relation to the officers' duty of due diligence imposed under the harmonised work health and safety legislation and associated compliance mechanisms.
  • Represented a Commonwealth agency in a racial discrimination action brought by a former employee in the Federal Circuit Court.
  • Represented employers in relation to disputes raised by employees and trade unions pursuant to dispute resolution procedures contained in enterprise agreements. This work has involved representing employers in conciliation processes and arbitration proceedings conducted by the Fair Work Commission.
  • Assisted a large number of employers to bargain for new or replacement enterprise agreements in a manner which ensures full compliance with the Fair Work Act 2009.
  • Assisted employers to prepare for, and deal with, protected and unprotected industrial action taken by employees, including obtaining injunctions and similar orders from courts and the Fair Work Commission to prevent or stop such action.
  • Assisted an employer in the manufacturing industry successfully resist an attempt by the CFMEU to have the Fair Work Commission reject the employer's application for approval of an enterprise agreement covering Queensland-based employees.
  • Assisted a corporate group operating in the building and construction sector to take steps to ensure that the group members' industrial instruments were compliant with the Code for the Tendering and Performance of Building Work 2016. This involved varying some enterprise agreements and replacing others.
  • Represented the Australian Building and Construction Commissioner and the Commonwealth to successfully defend a proceeding brought by a former employee in the Federal Circuit Court seeking judicial review of the decision to terminate his employment and alleging contraventions of the Fair Work Act 2009. The claim was dismissed and costs orders were made in favour of both respondents, including an indemnity costs order in favour of the ABC Commissioner. The former employee's subsequent appeal to the Federal Court was dismissed as a result of his failure to provide security for costs as ordered by the Court.
  • Assists various Commonwealth agencies to comply with the Public Interest Disclosure Act 2013, including investigations conducted pursuant to that legislation.
  • Represented a Commonwealth agency in relation to allegations made by a former employee to the Commonwealth Ombudsman allegation non-compliance with the Public Interest Disclosure Act 2013.
  • Advising Commonwealth agencies in relation to the matters concerning the Public Service Act 1999, including alleged breaches of the Code of Conduct.