Mark Irving SC specialises in employment law and the related fields of industrial law, anti-discrimination law, and restraints of trade. In the last five years he has appeared in over 30 proceedings in the Federal Court (see appendix), as well as appearing in State courts, the Federal Circuit Court and industrial tribunals across Australia. During that period he also appeared in two leading High Court cases, Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 and Commonwealth Bank of Australia v Barker (2014) 253 CLR 169.
Mark appears for employers, regulators, unions, governments and employees alike. He provides timely and clear advice in matters that are often legally, factually and strategically complex. He has appeared in, or prepared and settled, numerous large employment and industrial law cases, high-profile cases, sector-wide industrial arbitrations and matters pushing the boundaries of the law.
Mark is the author of The Contract of Employment, a comprehensive examination of the law governing employment contracts. It has been cited in over 50 decisions and was awarded the LexisNexis Centenary Book Award by a panel consisting of former High Court judge the Honourable Dyson Heydon AC, QC, the former Federal Court judge the Honourable Kevin Lindgren AM, QC and Emeritus Professor Gillian Triggs, the President of the Australian Human Rights Commission. He is also a co-author of Labour Law 6th edition, with Professor Andrew Stewart, Professor Anthony Forsyth, Professor Richard Johnstone and Associate Professor Shae McCrystal. Mark was principally responsible for the chapters concerning employment contracts, as well as the commentary on the Australian Consumer Law and the General Protections provisions in the Fair Work Act.
He was called to the bar in 1997 and was appointed silk in 2017. He is a member of the Industrial Bar Association and the Australian Labour Law Association.
Recent judgments obtained in the Federal Court: 2012–2016
Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (No 2)  FCA 783 (costs and damages)
Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd  FCA 430 (action for misleading conduct concerning an offer of employment)
General Manager of the Fair Work Commission v Musicians’ Union of Australia  FCA 302 (penalties for breach of FWRO Act)
Health Services Union v Jackson (No 5)  FCA 1467 (interest and costs)
General Manager of the Fair Work Commission v Thomson (No 4)  FCA 1433 (compensation and penalties)
Jackson v Health Services Union  FCAFC 188 (objection to the competence of the appeal)
Health Services Union v Jackson (No 4) (2015) 108 ACSR 156 (improper use of position – misuse of union funds)
Health Services Union v Jackson (No 3)  FCA 694 (leave to proceed against a bankrupt)
Health Services Union v Jackson (No 2)  FCA 670 (abuse of process application)
Health Services Union v Jackson  FCA 1215
General Manager of Fair Work Australia v Health Services Union  FCA 970 (compensation and penalties for breach of FWRO Act)
Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2)  FCA 351 (costs application)
Elliott v Health Services Union  FCA 296 (consolidation of actions)
Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd  FCA 239 (adverse action claim)
Russell v Institution of Engineers Australia  FCA 1250 (injunction application in an adverse action claim)
Murrihy v Betezy.com.au Pty Ltd (No 2) (2013) 221 FCR 118 (penalties and compensation)
Murrihy v Betezy.com.au Pty Ltd (2013) 238 IR 307 (breach of contract and adverse action)
Ananda Marga Pracaraka Samgha Ltd v Tomar (No 7)  FCA 863 (indemnity costs)
Commonwealth Bank of Australia v Barker  FCAFC 83 (implication of the mutual trust and confidence term in employment contracts)
General Manager of the Fair Work Commission v Thomson  FCA 380 (stay of application for pecuniary penalty)
United Voice v Accolade Wines Australia Limited  FCA 285 (preliminary discovery application)
State of Victoria v Australian Education Union  FCA 72 (resisted application for an injunction to prevent industrial action)
Ananda Marga Pracaraka Samgha Ltd v Tomar (No 6) (2013) 300 ALR 492; (2013) 94 ACSR 199 (removal of directors of a company limited by guarantee, the fulfilment of the charitable purposes of the company, membership of the company)
Re Asmar (2012) 207 FCR 476 (breach of Union rules, establishing financial membership)
Brown v Health Services Union (No 4)  FCA 1376 (access to affidavits filed, amendment of scheme of administration)
Brown v Health Services Union (No 3)  FCA 1246
Re Asmar  FCA 1243 (stay of elections)
Re Asmar  FCA 1242 (election inquiry)
Brown v Health Services Union (No 2)  FCA 1014
Brown v Health Services Union (2012) 205 FCR 548; (2012) 291 ALR 497 (branch ceased to function effectively; removal of office-holders)
Ananda Marga Pracaraka Samgha Ltd v Tomar (No 5)  FCA 390
Ananda Marga Pracaraka Samgha Ltd v Tomar (No 4) (2012) 202 FCR 564; (2012) 291 ALR 292 (independence of expert witnesses)
Ananda Marga Pracaraka Samgha Ltd v Tomar (No 3)  FCA 184 (orders under s 237 of Corporations Act).