Nico Burmeister practises primarily in industrial relations and employment law. He is a member of the Victorian and Western Australian Bars.
After a decade as a solicitor, Nico was called to the Bar in 2013 and quickly developed a national practice.
He is consistently recognised in peer- and client-reviewed publications (most recently in Chambers and Partners Asia Pacific Rankings – Employment: The Bar in Australia 2021, The Legal 500 – Asia Pacific – Labour and Employment 2021, Best Lawyers in Australia (Labour and Employment Law) 2021 and Doyle’s Leading Employment Law Junior Counsel – Victoria 2020.
Nico has extensive experience, both as junior counsel and unled. Recent matters of note include:
- VICT v CFMMEU; VICT v Hilakari; Lunt v VICT – Junior counsel for Victoria International Container Terminal Limited in ongoing proceedings relating to picketing and other industrial disputation at Webb Dock. Led by Stuart Wood AM QC and with (variously) John Snaden (as his Honour then was), Robyn Sweet and Alex Manos, including:
- picketing injunction ([2018] VSC 794);
- representative injunction ([2017] VSC 762);
- tort ([2018] VSC 181);
- contempt of court ([2018] VSC 794); and
- judicial review, general protections, and abuse of process ([2019] FCA 1016, [2019] FCA 1599, [2020] FCAFC 40, [2020] HCATrans 143).
- Israel Folau v Rugby Australia Ltd and Waratahs Rugby Pty Ltd – Junior counsel for Israel Folau in proceedings relating to the termination of his employment (led by Stuart Wood AM QC and with Eddy Gisonda).
- AMWU v Kerman Contracting Pty Ltd [2020] FWCFB 5591 – Counsel for Kerman Contracting Pty Ltd defending appeal against approval of enterprise agreement (unled).
- KDR Victoria Pty Ltd (trading as Yarra Trams) v RTBU – Junior counsel for Yarra Trams in various proceedings relating to industrial disputation (led by Frank Parry QC and Richard Dalton QC).
- Batista v Wells Fargo International Finance (Australia) Pty Ltd [2020] FCCA 829 – Counsel for Wells Fargo defending general protections proceeding.
- Australian Workers’ Union v Registered Organisations Commissioner [2019] FCA 1671– Junior counsel for Senator Michaelia Cash’s former Chief of Staff in trial regarding investigation into AWU donations and associated Australian Federal Police raids (led by Richard Dalton QC).
- Schroder-Turk v Murdoch University (No 2) [2019] FCA 1434 – Counsel for Murdoch University in interlocutory dispute (unled).
- RTBU v Metro Trains Sydney Pty Ltd [2019] FCA 1008 – Counsel for Metro Trains Sydney Pty Ltd in interlocutory dispute (unled).
- Atkinson v Killarney Properties Pty Ltd & Ors [2018] FCCA 3634, [2016] FCCA 3233 (and others) – Counsel for Killarney Properties and its directors and managers defending general protections, and other related, proceedings (unled).
- McMahon v Dyson’s Bus Service Pty Ltd [2018] FWA 7285 – Counsel for Dyson’s Bus Service defending unfair dismissal claim for reinstatement (unled).
- Vickers v Coles Supermarkets Australia Pty Ltd [2017] FWCFB 3131 (and others) – Junior counsel for Coles defending application to terminate its 2011 enterprise agreement with retrospective effect (led by Stuart Wood QC and with Marc Felman).
- MUA v Farstad Shipping (Indian Pacific) Pty Ltd [2017] FWC 2650 – Counsel for Farstad Shipping in relation to industrial dispute with the MUA (unled).
- AWU v CBI Constructions Pty Ltd [2017] FWC 892 – Counsel for CBI Constructions in relation to industrial dispute with the AWU (unled).
- Hart v Coles Supermarkets Australia Pty Ltd [2016] FWCFB 2887 – Junior counsel for Coles in appeal against approval of 2014 enterprise agreement (led by Stuart Wood QC and with Marc Felman).
- SSKB v Setia – Junior counsel for SSKB in claims against former customer and employee (contract, misleading and deceptive conduct, fiduciary duties, tort and statutory duties) (led by Jeffrey Gleeson QC).
- Patrick Projects Pty Ltd v The Maritime Union of Australia & Ors– Junior counsel for Patrick stevedores in proceedings arising from industrial dispute regarding Gorgon Project (unlawful industrial action) (led by Stuart Wood QC).
- Scandinavian Tobacco Group v Trojan Trading Company (2015) 115 IPR 246 and (2016) 119 IPR 247 – Junior counsel for STG prosecuting claims related to parallel importation of commercial quantities of tobacco products (led by Ed Heerey QC).
- DOF Management Australia Pty Ltd v The Maritime Union of Australia [2016] FWCA 4654, MMA Offshore Logistics Pty Ltd v The Maritime Union of Australia [2016] FWC 4868, Smit Lamnalco Australia Pty Ltd v The Maritime Union of Australia [2016] FWC 5249 – Co-counsel in contested applications for approval of enterprise agreements (with Richard Dalton QC).
- Nube Pty Ltd v Viljoen – Counsel for former employee defending application for urgent injunctive relief (post-employment restraints of trade).
- Beaver Mining Supplies v Lewis– Counsel for Beaver Mining in application for urgent injunctive relief (post-employment restraints of trade).
Before being called to the Bar, Nico litigated – and practised employment law – at Allens (now Allens Linklaters), and Norton Rose Fulbright. In addition, he spent two years in-house at Chandler Macleod Group Limited (then an ASX-listed labour-hire and recruitment conglomerate) where he was General Counsel.
Nico earned a Master of Law and Management from the University of New South Wales and the Australian Graduate School of Management. He was also awarded the degrees of Bachelor of Laws and Bachelor of Arts (Political Science) from the University of Western Australia.
Nico is a committee member of the Industrial Bar Association.
Finally, Nico is a long-suffering – but ultimately patient – member of the Fremantle Football Club.