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Gareth Jolly

Gareth Jolly is one of Australia’s leading industrial relations and employment law specialists. He has formidable public and private sector experience in litigious, commercial and strategic matters across all aspects of workplace related law.

Most recently, Gareth acted for the Commonwealth Bank in the landmark High Court decision which found implied term of trust and confidence was not part of Australian law - a decision which represented a major victory for employers and was described by a leading academic as "one of the most important employment law decisions this century". Commonwealth Bank of Australia v Barker [2014] HCA 32.

Chambers Asia Pacific 2015 said Gareth was 'lauded as a "person you want in the room" for his "amazing technical expertise" and encyclopaedic knowledge of case law' and 'is especially well known for his handling of contentious industrial relations issues...'

Gareth’s practice encompasses all industry sectors including banking and finance, construction, government, manufacturing, media, transport and logistics. He deals widely in highly unionised industries as well as highly sensitive issues at head office and board level.

Gareth’s expertise spans industrial relations strategies and disputes; enterprise bargaining negotiations; prosecutions; dismissals (including executive terminations and associated Corporations Act issues); all employment aspects of major restructures, privatisations, sales and outsourcing; restraint of trade litigation; and occupational health and safety.

As a litigator, he regularly conducts proceedings before the Fair Work Commission, the Federal Court, Federal Circuit Court and other courts and tribunals.

Gareth authors the highly regarded HR&IR Update newsletter and is a regular media commentator on employment-related issues and matters.

A$1.55 billion Lloyds Banking Group sale of Capital Finance and BOS International Australia

Acted together with Allen & Overy as joint legal advisers to the Lloyds Banking Group on the sale of its Australian asset finance business, Capital Finance Australia Ltd (CFAL), and its corporate loan portfolio, BOS International Australia Ltd (BOSI) to Westpac Banking Corporation for approximately A$1.55 billion in total.

Landmark High Court case: Commonwealth Bank and Barker

Acting for the Commonwealth Bank of Australia in one of the most significant employment law cases in the last hundred years.

New South Wales Interstate Rail Network Restructure

Advised NSW Government in relation to a major restructure of the State's non-metropolitan rail system which included an investment of A$800 million+ in rail infrastructure by the Commonwealth Government. The arrangements effectively incorporated 3000kms of NSW interstate and Hunter Valley mainline railway track under the same operation and management as the interstate standard gauge mainline railway track. We also subsequently advised on commercial arrangements in relation to the take up by ARTC of the Metropolitan Freight Network and the Southern Sydney Freight Line.

Sydney Ferries Franchising Project

Acted for Transport for NSW on the Franchising Sydney Ferries project. This follows on from acting for the NSW Department of Transport & Infrastructure in the Sydney Ferries Market Review project in 2010. This was a high profile and politically sensitive project to implement the recommendations of the Walker report to franchise the iconic operation of the ferries on Sydney harbour. It involved the drafting of service contracts and the conduct of a tender process, extensive due diligence, evaluation and negotiation with three private sector consortia and, ultimately, completion of the transaction with the preferred tenderer and transition from Sydney ferries to the new private sector operator.

Sydney Ferries Market Review Project

Acted for the NSW Department of Transport & Infrastructure in the Sydney Ferries Market Review project. This was a high profile and politically sensitive project to implement the recommendations of the Walker report into the operation of Sydney Ferries.