Toby Walthall
Special Counsel, Brisbane
With a primary focus on industrial relations and bargaining, I have advised clients in relation to some of the most high profile industrial disputes in recent years. I provide practical and proactive advice to clients in respect of all aspects of the employment relationship, including enterprise bargaining, discrimination complaints, termination claims and disciplinary matters.

With a primary focus on industrial relations and bargaining, I have advised clients in relation to some of the most high profile industrial disputes in recent years. I provide practical and proactive advice to clients in respect of all aspects of the employment relationship, including enterprise bargaining, discrimination complaints, termination claims and disciplinary matters.

I have extensive experience in relation to all aspects of the employment/industrial relations framework, including discrimination complaints, termination claims and disciplinary matters, as well as large industrial disputes and litigation. I have considerable litigation experience and have represented large organisations in employment, industrial relations and discrimination matters before a range of Commissions, Tribunals and Courts in both the Queensland and Federal system.

I have a genuine intellectual curiosity in relation to enterprise bargaining and industrial relations matters and have a keen interest in mentoring and developing junior members of our team.

Career highlights

  • I was a key advisor in relation to a long-running (from 2009 until 2019) employment termination dispute involving a lecturer terminated for serious misconduct by the Queensland University of Technology. The matter involved successful defences of an unfair dismissal claim and appeal as well as the successful defence of a breach of contract claim in the Supreme Court of Queensland as well as an appeal.
  • I was seconded to Lendlease to provide hands-on assistance in relation to nationwide stoppages and industrial issues, as well as a significant compliance project in relation to the 2016 Building Code. I have provided similar assistance to a number of other construction companies including CPB, Multiplex, Laing O'Rourke and Buildcorp.
  • I provided key strategic industrial advice to the PIMS Group in relation to its first foray into the NSW coal market which included a highly fought but ultimately successful enterprise bargaining strategy.
    Advising Queensland Rail in relation to union challenges to its train crew recruitment strategy, which included a Fair Work Commission dispute and appeal.