Bryan Mueller is a deeply experienced and well-rounded lawyer and advocate with particular expertise in the field of employment and workplace relations law, including in the provision of advice and the conduct of litigation in that area. His practice and experience extends also to administrative law matters of various kinds.
He has extensive knowledge of the substantive law relating to employment and workplace relations matters, administrative law and the practical application of that law. This includes the law relating to enterprise bargaining and enterprise agreements, industrial disputes and dispute settlement, industrial action and picketing, employment entitlements, General Protections, unfair and wrongful dismissal, anti-discrimination law, employment contracts (including remuneration/bonus/incentive arrangements), restraint of trade and confidential information, workplace investigations, occupational health and safety matters, disciplinary inquiries and the lawfulness of administrative action and decisions.
He also has a thorough knowledge of the methods, practice and procedure of litigation in court and tribunals, the costs of litigation and the other factors that require consideration in the conduct and resolution of disputes and litigation.
Bryan has advised and appeared in a large number of complex proceedings in the Federal Court of Australia, the Supreme Courts of Victoria and NSW and the FWC as is reflected in the list of court proceedings set out in the 'Extended Biography' part of this profile.
He has acted for:
He has also acted for individuals in professional, technical, administrative and other occupations in employment and contracted work litigation and disputes.
He has a substantial body of experience in court/tribunal based and private mediation and conciliation, and is practised in the processes and techniques of mediation and conciliation.
Bryan places particular emphasis on acquiring a thorough and precise understanding of the relevant facts and circumstances, the business and/or relational context in which events have happened, and the exact interests of the client that are at stake. His object is to provide readily understood advice, to identify any means of reaching a satisfactory resolution which avoids incurring disproportionate legal costs and, ultimately, to work out the best way of presenting the client's case clearly and persuasively.
He has extensive experience in working in effective collaboration with senior counsel in complex matters.
Apart from over 14 years practice at the Victorian Bar, Bryan has the experience of working as Special Counsel at two 'top tier' law firms for over 12 years, and performed for several years the role of Special Adviser in employment relations and bargaining at the Commonwealth statutory corporation responsible for air navigation in Australia.
List of court proceedings (non-exhaustive)
Federal Court of Australia
United Firefighters’ Union of Australia v Country Fire Authority [2015] FCAFC 1 and United Firefighters Union of Australia v Country Fire Authority [2014] FCA 17
Nature of proceeding: Application seeking orders invalidating enterprise agreement terms on constitutional grounds, namely the principles stated in Melbourne Corporation v The Commonwealth [1947] HCA 26; (1947) 74 CLR 31 and Re Australian Education Union, Ex parte Victoria raising, inter alia, question whether CFA was trading corporation) and also on grounds relating to non-compliance FW Act provisions re ‘objectionable terms’.
Role: Solicitor with carriage of matter briefing senior counsel
Fair Work Ombudsman v Al Hilfi proceedings in Federal Court known as the ‘Coles trolley collectors’ case’ (SA Registry)
Nature of proceeding: Application by FWO for imposition of penalties for award underpayment brought against trolley services contractors to Coles with Coles sued as accessory to contraventions. See for example interlocutory decisions: FWO v Al Hilfi [2013] FCA 13; FWO v Al Hilfi [2015] FCA 313
Role: Solicitor with carriage of proceedings on behalf of FWO briefing senior counsel.
United Group Resources Pty Ltd & Ors v Calabro & Ors Federal Court (WA Registry)
Nature of proceedings: Injunction, penalty & declaration proceedings re contraventions of the Building & Construction Industry Improvement Act by multiple respondents on Pluto LNG Project in Western Australia. See for example: United Group Resources Pty Ltd ABN 17 114 888 201 v Calabro (No 2) [2010] FCA 71; United Group Resources Pty Ltd ABN 17 114 888 201 v Calabro (No 4) [2010] FCA 791
Role: Solicitor with carriage of matter and also appearing as counsel on behalf of ABCC intervening. Involved multiple-party court directed private mediation.
Bluescope Steel Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2005] FCA 3
Nature of proceeding: Interlocutory injunction proceedings brought by applicant to restrain respondent union from imminent stoppage of work action
Role: Junior counsel to senior counsel, Dr CN Jessup QC for applicant company
Pine v Doyle [2005] FCA 977
Nature of proceeding: Application by ABCC inspector for a penalty to be imposed on a union organiser for intentionally hindering or obstructing an employee and an employer when exercising a statutory power to enter premises; whether the union organiser was exercising the statutory power of entry when he had no legal entitlement to exercise the power – whether diverting an employee away from performing the employee’s duties constitutes hindering or obstructing the employee – whether the hindering or obstructing alleged against the union organiser was intentional.
Role: Junior counsel to Tony Pagone QC for applicant (ABCC inspector)
IBM Global Services Australia Limited in the matter of an Application for Writs of Certiorari and Prohibition, against the Australian Industrial Relations Commission [2005] FCAFC 66 (Full Court)
Nature of proceeding: Application for review of finding by Australian Industrial Relations Commission that industrial disputes existed between union and two employers – whether jurisdictional error – whether employees in respect of whom demands made eligible to join union – construction of rules of union relating to eligibility for membership
Role: Junior counsel for applicant, IBM Global Services Australia Limited
Civil Air Operations Officers Association of Australia v Airservices Australia [2002] FCA 454 see also Civil Air Operations Officers Association Of Australia v Airservices Australia [2001] FCA 1435
Nature of proceeding: Agreement breach proceedings – determination of separate question
Role: Counsel for Respondent, Airservices Australia
Australian Meat Industry Employees Union v Belandra Pty Ltd [2003] FCA 910 (and various related proceedings)
Nature of proceeding: Essentially application by union for the imposition of penalties and grant of injunctions and for compensation orders against respondent company for contraventions of the Workplace Relations Act 1996 (Cth) in particular freedom of association provisions. of the Act
Role: Counsel for Respondent company including both on own and as junior counsel
Thomas v University of Melbourne (No 3) [2019] FCA 92.
Nature of proceeding: Various proceedings and multiple applications made in those proceedings by self-represented applicant concerning his grievances against the University respondent and various other individuals relating to his treatment in connection with his PhD studies – brought under General Protections provisions of FW Act and on other grounds.
Role: Carriage of matter on behalf of an individual solicitor respondent including appearing as counsel on various interlocutory applications.
Miscellaneous other Federal Court cases in which appeared as counsel alone or as junior counsel:
Supreme Court of Victoria
Various proceedings including multiple party proceedings for contravention of the BCCI Act, injunctions and compensation orders brought by Thiess Degremont against various union defendants in the Building List concerning disruption of work on the Victorian Desalination Plant. ABCC actively intervening and then as substituted party.
Role: Solicitor acting for ABCC extending to appearing as counsel in place of unavailable senior and junior counsel on complex interlocutory applications in Building List relating to pleadings, discovery and procedural orders.
Various other proceedings either as counsel or solicitor with carriage relating to restraint of trade, confidential information and employment contract breach, and judicial review applications.
Supreme Court of New South Wales
Australian Defence Apparel v Matthew Graham & Unisync – expedited proceeding in the that court in 2019: see costs decision Australian Defence Apparel Pty Limited v Graham & Anor [2019] NSWSC 1162
Nature of proceeding: Application by subsidiary of large Canadian apparel corporation for injunctive relief and damages against defendant ex-CEO and his new Canadian based apparel manufacturer on the basis of breach of post- employment restraints and confidential information obligations.
Role: Full carriage of first defendant’s case in expedited proceedings briefing senior junior now silk at NSW Bar
Private Mediation conducted by Hon Patricia Bergin SC, former judge of the Supreme Court of New South Wales.
Also, several other restraint of trade/confidential information cases in the NSW Supreme Court in recent years.
Fair Work Commission matters for Victoria Police/Chief Commissioner of Police and for Country Fire Authority
Victoria Police/Chief Commissioner of Police
Police Federation of Australia v Victoria Police/Chief Commissioner of Police [2014]
FWCFB 2063
Presidential reference to Full Bench on application by respondent seeking revocation of interim order made by Commission member restraining Chief Commissioner from making and giving effect to direction to sworn officers who were members of Police Band.
Role: Solicitor with carriage for Victoria Police/Chief Commissioner and counsel before Full Bench on successful application.
Other Commission decisions in which Victoria Police was a party and in which acted as solicitor having carriage and/or as counsel representing the Commissioner/Victoria Police:
Country Fire Authority