Glen Pauline

Glen Pauline (BA, LLB (Hons)) first signed the Bar Roll in 2001, reading with Tim J North (Q.C). He practises in commercial and workplace relations disputes, and mediation, including:

• Employment law matters in the Courts and Fair Work Commission including unfair and unlawful dismissal proceedings, adverse action claims, reasonable notice claims, workplace prosecutions and discrimination claims;
• Industrial relations in the building and construction industry including unlawful industrial action, coercion, discrimination and right of entry;
• Franchising disputes, in particular Franchising Code of Conduct issues;
• Commercial contract disputes including enforcement of guarantees, leases and hire purchase agreements. 

Glen is experienced in all facets of litigation including drafting complex pleadings, witness statements and submissions, and appearing at interlocutory applications, mediations, conciliations, trials (alone and led) and appeals.

Glen is a Nationally Accredited Mediator and a panel mediator for the Office of the Franchising Mediation Adviser (OFMA). Australian Small Business and Family Enterprise Ombudsman (ASBFEO), Victorian Small Business Commissioner (VSBC) and Victorian Civil & Administrative Tribunal (VCAT).  For further information about Glen's cases and practice experience and mediation services, view Glen's personal website here.

Some of the commercial, employment and industrial cases I have been involved in since 2003 are below:

West Gate Bridge industrial dispute: Junior counsel before Jessup J at interlocutory stages (with Nick Green Q.C) and trial/penalty hearing (with Richard Maidment S.C). Williams v AMWU [2009] FCA 86; Williams v AMWU (No. 2) [2009] FCA 103; John Holland Pty Ltd v AMWU(2009) 174 FCR 526; [2009] FCA 235 (as Intervener); Williams v AMWU [2010] FCA 754. See my Article: "Bridging the jurisprudential gap", Law Institute Journal July 2011 page 50 (LIJ 85.07).

Baulderstone Qld Pty Ltd v CFMEU [2012] FCA 520 (Dowsett J) Junior counsel with N.Green Q.C seeking injunctions – industrial action - failure of subcontractors to attend work – picketing by union organisers – union aiding abetting counselling or procuring a ban imposed by sub-contractors – coercion of principal contractor to agree to enter building enterprise agreement on union’s terms – injunctions granted - BCII Act 2005.

Cozadinos v CFMEU & Bell [2012] FCA 46; Director, Office of Fair Work Building Industry Inspectorate v CFMEU [2013] FCAFC 8; Cozadinos v CFMEU [2013] FCA 1243. Junior counsel for ABCC over five years: Conducted s 52 BCII Act compulsory examination of the victim of coercion and discrimination who feared reprisals by the union; Advice to ABCC that there were reasonable grounds to commence proceedings; Drafted pleadings and proceedings were issued based on my advice; Appeared at mediation – no settlement; Junior counsel in five day Federal Court trial before Gray J - with R.Maidment S.C for ABCC alleging threat to take action to coerce or apply undue pressure to a contractor to make an enterprise bargaining agreement, and discrimination in contravention of BCII Act 2005 and claim for compensation under the BCII Act – proceedings dismissed; Junior counsel with J.Bourke Q.C in appeal proceedings to Full Federal Court – appeal successful – retrial ordered on two grounds: failure to take into account the cumulative effective of corroborative evidence; and incorrect application of the rule in Browne v Dunn;