Background
Simon is a Director of State Chambers and its most recently appointed Senior Counsel. He has been widely recognised in the Legal 500 Asia Pacific Australian Bar Guide, the Doyle’s Guide and in Who’s Who Legal Australia over many years for his specialist expertise in all aspects of workplace relations, employment law and work health and safety law.
Simon is often briefed in complex and lengthy matters, including where urgent interlocutory relief is sought. He provides effective representation in superior jurisdictions at both trial and appellate level including in the Federal Court of Australia and the Supreme Court of New South Wales, and regularly appears in matters relating to breach of contract, restraints of trade, employee ‘whistleblower’ protection claims, general protections and adverse action claims, protection of confidential information and discrimination. Simon’s expertise extends to employment law class actions.
Simon is regarded as a leading practitioner in the Fair Work Commission where he maintains a substantial appellate practice and has recognised expertise in the broad range of matters regulated by the Fair Work Act within the Commission’s jurisdiction. He is well placed to advise on the significant recent and foreshadowed amendments to the Fair Work legislation.
Simon has worked across a wide array of industries for major, blue-chip Australian corporations operating in industries including the black coal, steel, metalliferous mining, rail transport, airline, banking and finance, tertiary education, postal and logistics, shipping and stevedoring, energy and power, building, civil construction and contracting industries. He also advises both State and Federal Governments.
Complementing his core areas of practice, Simon also represents clients in commercial law and equity matters as diverse as partnership disputes, ‘just and equitable’ winding up of companies, contract disputes, as well as regulatory law matters. He is briefed in relation to inquests and inquiries and appeared in the Royal Commission into Misconduct in the Banking, Superannuation and Insurance Industry. He is valued by his clients for his highly developed forensic and analytical skills, strong command of the key legal issues, ability to deliver cogent and concise legal arguments, as well as the guidance he provides during the conduct of litigation.
Prior to joining the Bar in 2003, Simon practised for 8 years as a solicitor in a leading national law firm. He holds a Master of Laws, a Bachelor of Laws and a Bachelor of Economics.
Accolades
- 2027 The Best Lawyers in Australia – Recognised – Labour and Employment Law
- 2026 Lexology Index –Recommended – Australia & New Zealand – Labour, Employment & Benefits
- 2026: Doyles Guide – Recommended Employment Law Senior Counsel, Australia
- 2026: Doyles Guide – Leading Employment Law Senior Counsel, NSW
- 2026: Doyles Guide – Leading Workplace Health and Safety Law Senior Counsel, NSW
- 2025: Doyles Guide – Leading Employment Law Senior Counsel, NSW
- 2025: Doyles Guide – Leading Workplace Health and Safety Law Senior Counsel, NSW
- 2023: Doyles Guide – Leading Workplace Health and Safety Counsel, NSW
- 2022 – 2023: Doyles Guide – Leading Employment Law Junior Counsel, Australia
- 2020 – 2023: Who’s Who Legal Australia – Leading practitioner in Labour, Employment & Benefits
- 2015 – 2023: Doyles Guide – Leading Employment & Industrial Relations Junior Counsel, NSW
- 2012 – 2013: Doyles Guide – Preeminent Employment & Workplace Relations Junior Counsel, NSW
Select Recent Matters
Regulatory
- Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2023] FCA 1515 (led by J Clarke SC)
Appeared for the Coal Mining Industry (LSL) Corporation in proceedings concerning whether Orica employees were eligible employees in respect of whom statutory levies were payable by Orica under the coal mining industry portable long service leave scheme.
Commercial
- Haycraft v AF1 Services Pty Ltd [2023] FCA 774 (led by C Wood SC)
Appeared for an applicant for an order winding up a company on just and equitable grounds under s 461(1)(k) of the Corporations Act 2001 (Cth).
- Haycraft v AF1 Services Pty Ltd [2022] FCA 1441
Appeared for the applicant in successfully defending a stay application and security for costs application by the respondent.
- Hopper v D J Sincock Pty Ltd [2021] NSWCA 305
Appeared for the successful appellant in an appeal against a decision of the District Court in relation to whether the appellant had an implied contractual right of indemnity as a guarantor under a refinance agreement.
- Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 [2021] NSWCA 162 [led by NJ Kidd SC]
Appeared for the appellant strata scheme caretaker in an appeal against a decision of the Supreme Court involving a claim for damages for breach of contract by an Owners Corporation.
Discrimination
- Smith v A High School [2025] FCA 1432
Appeared for the applicant in a successful application for an injunction preventing the expulsion of a high school student pending the determination of his disability discrimination complaint in the the Australian Human Rights Commission. - Deam v Starlight Children’s Foundation Australia [2023] FCA 259
Appeared for Starlight in a successful application for summary dismissal of an adverse action and discrimination claim.
General Protections / Whistleblower
- Dorsch v HEAD Oceania Pty Ltd [2025] FCA 854
Appeared for HEAD Oceania in successfully defending an application by Mr Dorsch for leave to appeal against a decision that he pay HEAD Oceania’s costs in the first instance proceedings
- Rolfe v Pinnacle ACT Pty Ltd [2025] FCA 638
Appeared for the Rolfes in relation to their claim for dispensation from pleading rules in respect of their defence to a cross claim, on the grounds of privilege against self-incrimination or exposure to civil penalty.
- Mount v Dover Castle Metals Pty Ltd [2025] FCA 101
Appeared for Dover Castle Metals in successfully defending proceedings brought by its former CEO alleging contravention of the Corporations Act whistleblower protections, and claims for breach of contract arising from his summary dismissal.
- Dorsch v HEAD Oceania Pty Ltd [2024] FCAFC 133
Appeared for HEAD Oceania in an appeal by Mr Dorsch against the dismissal of his claims by a single Judge of the Federal Court of Australia.
- Dorsch v HEAD Oceania Pty Ltd (Costs) [2024] FCA 832
Appeared for HEAD Oceania in a successful application for costs under s.570 of the Fair Work Act 2009.
- Dorsch v HEAD Oceania Pty Ltd [2024] FCA 162
Appeared for HEAD Oceania in defence of a breach of contract, general protections and unlawful excessive hours of work claim.
- Soukhodoev v SG Fleet Australia Pty Ltd [2023] FCA 1672
Appeared for a personal respondent in an application for summary dismissal of accessorial liability claims under the general protections provisions of the Fair Work Act.
- Braun v St Vincent’s Private Hospital Northside Ltd [2023] FCA 166
Appeared for St Vincents Hospital in general protections/adverse action and whistleblower proceedings by a surgeon.
Work Health and Safety and Enquiries
- Inspector General of the Australian Defence Force MRH-90 Inquiry
Appeared for Thales Australia in the IGADF Inquiry into the the circumstances and causes of death of four Australian military personnel arising from the catastrophic crash of an Australian Army MRH-90 Taipan helicopter while conducting night-time training during Exercise Talisman Sabre.
- SafeWork NSW v Grasso [2022] HCASL (led by IM Neil SC)
Appeared for Grasso in the successful defence of an application or special leave to appeal against the decision of NSW Court of Criminal Appeal to overturn his conviction.
- SafeWork NSW v Synergy Scaffolding Services Pty Ltd [2022] NSWDC 584
Appeared for the defendant in a category 1 offence prosecution under the Work Health and Safety Act 2011, arising out of a workplace fatality.
- Linnane (Department of Planning and Environment) v Peak Gold Mines Pty Ltd [2021] NSWDC 565 [led by B Hodgkinson AM SC]
Appeared for the defendant in a category 2 offence prosecution under the Work Health and Safety Act 2011, arising out of a workplace fatality.
- Grasso Consulting Engineers Pty Ltd v SafeWork NSW; Grasso v SafeWork NSW [2021] NSWCCA 288 [led by HJ Dixon SC]
Acted for the successful appellants in an appeal against convictions under the Work Health and Safety Act 2011.
Restraint of Trade
- Qantas Airways Limited v Rohrlach [2021] NSWCA 48 [led by M Izzo SC]
Appeared for Qantas in relation to an appeal against the dismissal of an application for injunctive relief in respect of a former senior employee.
- Qantas Airways Limited v Rohrlach [2021] NSWSC 260 [led by M Izzo SC]
Appeared for Qantas in proceedings to enforce a restraint covenant against a former senior employee.
Employment / Industrial / Workplace Relations
- Commonwealth of Australia (represented by the Department of Finance) -v- Aidan Nagle [2026] FWCFB 172
Appeared for the Commonwealth in successfully appealing a decision of a Commissioner of the Fair Work Commission concerning the interaction of the unfair dismissal regime in the Fair Work Act 2009 and the provisions in the Members of Parliament (Staff) Act 1984 (Cth) dealing with the automatic termination of employment of staff of Commonwealth parliamentarians in specific circumstances.
Application by the Transport Workers’ Union of Australia [2026] FWCFB 167
Appeared for Australia Post Group in proceedings before a Full Bench of the Fair Work Commission in relation to an Application by the Transport Workers’ Union for a minimum standards order under Part 3A-2 of the Fair Work Act 2009. The decision involved consideration of the ‘road transport objective’ and ‘minimum standards objective’ for ‘employee like workers’ under Part 3A-2 of the Act.
Australian Manufacturing Workers’ Union -v- Visy Board Pty Ltd [2026] FWC 2455
Appeared for Visy Board in an arbitration before the Fair Work Commission in relation to the proper construction of a “call out” provision in Visy Board’s enterprise agreement.
Application by Transport Workers’ Union of Australia and Australian Road Transport Industrial Organization [2026] FWCFB 95
Appeared for Australia Post and Star Track in relation to an application to the Fair Work Commission by the Transport Workers’ Union of Australia and the Australian Road Transport Industrial Organization for a road transport contractual chain order under Part 3B-2 of the Fair Work Act 2009 (Cth) in relation to fuel cost recovery.
- New South Wales Nurses and Midwives’ Association v Health Secretary [2026] NSWIRComm 4
Appeared on behalf of the NSW Health Secretary in a major industrial arbitration case before a Full Bench of the Industrial Relations Commission of New South Wales in which the Association’s claims for enhanced wages and other terms and conditions of employment for NSW public sector nurses and midwives were arbitrated.
- Fair Work Ombudsman v Jats Joint Pty Ltd [2026] FCAFC 25
Appeared for Jats Joint in successfully defending an appeal by the Fair Work Ombudsman to the Full Court of the Federal Court of Australia against a decision of a single Judge of the Federal Court dealing with whether performing a ‘sleepover’ at a client’s premises (in the home care sector) was to be treated as ‘work on a night shift’ under the Social, Community, Home Care and Disability Services Industry Award, as it stood in 2020 – 2021.
- State Wage Case 2025 (No. 2) [2025] NSWIRComm 33
Appeared for the NSW Industrial Relations Secretary in the second State Wage Case 2025 decision dealing with whether there should be variations to the Award Making Principles, and whether the paid rates adjustment mechanism provided for in the principles should be retained and if so, the quantum of the paid rates adjustment for 2025–26.
- Application by the Australasian Meat Industry Employees Union [2025] FWC 2115
Appeared for Bartter Enterprises Pty Ltd in relation to an application by the Australasian Meat Industry Employees Union for a regulated labour hire arrangement order under section 306E of the Fair Work Act 2009 in respect of work performed at Bartter’s poultry processing plant in Mareeba, Queensland.
- Health Services Union v Health Secretary (NSW Ambulance) [2025] NSWIRComm 1014
Appeared for the Health Secretary (on behalf of NSW Ambulance) in an appeal by the Health Services Union before a Full Bench of the Industrial Relations Commission of New South Wales against dispute orders and ancillary orders made by a single member of the Commission in response to industrial action taken by NSW paramedics.
- Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Sydney Trains [2025] FCAFC 39
Appeared for Sydney Trains and NSW Trains in successfully defending judicial review proceedings brought in the Federal Court of Australia by the CEPU in relation to a decision of the Fair Work Commission to make an order under s 425 of the Fair Work Act suspending protected industrial action by the rail unions.
- National Tertiary Education Industry Union v Flinders University of South Australia [2025] FWCFB 62
Appeared for Flinders University in an appeal by NTEIU in relation to the proper construction of its enterprise agreement.
- Application by Sydney Trains and NSW Trains [2025] FWCFB 38
Appeared for Sydney Trains and NSW Trains in an application under section 425 of the Fair Work Act for an order suspending industrial action being engaged in by rail workers.
- Sydney Trains v Australian Rail, Tram and Bus Industry Union (Separate Question) [2024] FCA 1479
Appeared for Sydney Trains and NSW Trains in an application for declaratory relief that industrial action organised by the ARTBIU is not, and would not be, protected industrial action for the purposes of ss 408 and 415 of the Fair Work Act 2009.
- State Wage Case 2024 (No 3) [2024] NSWIRComm 19
Appeared on behalf of the NSW Industrial Relations Secretary in the 2024 State Wage Case before the Industrial Relations Commission of New South Wales.
- Mills v University of New England [2023] FCA 1409
Appeared for UNE in proceedings in which the Applicant sought an injunction to restrain progress of a disciplinary process under an enterprise agreement.
- Potter v Industrial Relations Secretary in respect of the Department of Regional New South Wales (No 2) [2023] NSWIRComm 1026
Appeared for the Industrial Relations Secretary in an appeal against the dismissal of an application for reinstatement of an injured worker.
- Australian Rail, Tram and Bus Industry Union v Keolis Downer Adelaide Pty Ltd t/a Keolis Downer Adelaide [2022] FWCFB 28
Appeared for Keolis Downer in an appeal in relation to the proper construction of its enterprise agreement.
- NSW Trains v Australian Rail, Tram and Bus Industry Union [2021] FCA 883 [led by IM Neil SC]
Appeared for NSW Trains in a claim for declaratory relief concerning its ability to give directions to its drivers and guards in respect to its new intercity fleet.
- Commonwealth of Australia (Department of Home Affairs) v CPSU, the Community and Public Sector Union [2021] FWCFB 4182
Appeared for the Commonwealth in an appeal against a decision of the Fair Work Commission in relation to the proper interpretation of the Department of Home Affairs Workplace Determination 2019.
- Jamsek v ZG Operations Australia Pty Ltd [2020] FCAFC 119 [led by RC Kenzie AM QC]
Appeared for ZG Operations in an appeal concerning whether drivers were employees or independent contractors.
- Jamsek v ZG Operations Australia Pty Ltd (Joinder Application) [2019] FCA 1332
Appeared for ZG Operations in relation to its successful defence of claims by former delivery drivers for employment entitlements.
Class Actions
- Boulos v MRVL Investments Pty Ltd (No 2) [2021] FCA 309 [led by T Lynch SC]
Appeared for the applicant in an employment law class action proceeding in respect of unpaid wages.
Mediations
- Represented clients in many mediations before Court appointed and private mediators.