Mark Anthony Irving

Mark has an extensive background in industrial law having practised in the area for the past 15 years. He spent the years 1989-90 as Associate to Justice Michael Moore, the then Vice President of the Australian Industrial Relations Commission now of the Federal Court.

In 1990 he joined Carroll & O'Dea Solicitors of Sydney where he had the opportunity to work on the Byrne & Frew - v - Australian Airlines case which ultimately was heard by a Full Court of the Federal Court and then the High Court. In 1992 Mark joined Maurice Blackburn where he remained for 3 years practising in the Employment and Industrial Law Section.

In 1995 Mark accepted the position as National Industrial Officer of the Health Services Union of Australia, a position he retained until commencing to read at the Bar. This was a most challenging role in which he was involved in negotiating industry wide enterprise bargains. Mark has pursued test cases before the AIRC and State Industrial Commissions across Australia and was involved in the drafting of the submissions of the ACTU to the Senate Enquiry into the Workplace Relations Bill.

Recent trial experience

2008

August - November 2008: Australian Education Union v Department of Education and Training: prepared for a major arbitration in Western Australia concerning wages and conditions of public education workers. The matter settled when an offer of an additional $350 million was accepted.

2009

December 2008 - November 2009: Australian Education Union v Department of Education and Children's Services (South Australia): appeared as junior counsel, led by Mordy Bromberg SC, in the largest arbitration conducted in the history of the South Australian Industrial Relations Commission. The matter involved wages and conditions for 27,000 public education employees. It involved about 150 witnesses. The parties were about $750 million apart at the time of the hearing. The Full Bench of the SAIRC awarded pay rises in excess of 20% for the majority of teachers.

2010

Australian Education Union v Bendigo TAFE: junior counsel to Charles Gunst QC. Obtained interlocutory relief for a breach of the workplace rights provisions of the Fair Work Act and appeared at the trial of the matter.

Ananda Marga Pracaraka Samgha Ltd v Tomar: junior counsel to Charles Gunst QC. Obtained interlocutory relief for a breach of the Corporations Act concerning the invalid removal of directors.

Australian Institute of Employment Rights

Mark is a committee member of the Australian Institute of Employment Rights. The AIER is a tripartite think-tank formed to research and promote the rights and responsibilities of employees and employers in Australia's industrial relations system, particularly through the ratification of International Labour Organisation Conventions.

In 2006 Mark participated in the formulation of the Charter of Employment Rights that set out ten employment rights of employers and employees. The Charter formed a template which workplaces are encouraged to adopt and observe as well as being an instrument for advocating the reform of labour law in Australia. The rights were based on Australian industrial practice, the common law and international treaty obligations binding on Australia. In 2007 he co-edited a book titled "The Australian Charter of Employment Rights", with Mordy Bromberg SC. He was also the author, or co-wrote, two chapters in the book.

Mark has written extensively on Industrial and Employment Law; some examples are;
* Book "Enterprise Bargaining and the Law."
*Articles "Successor Provisions in the Industrial Relations Act and Union Eligibility Rules (1991."
"Union Amalgamations under the Industrial Relations Act (1992)"
"Enterprise Bargaining in NSW (1992)"
"The Use of the Trade Practices Act in the Employment Context (1993)"
"Recent Developments in Employment and Industrial Law (1994)" co-authored with Matthew O'Connor.
"Implied Terms in the Employment Contract: recent developments (1995)" co-authored with Mandy Chambers.
"The Transfer of Industrial Relations Matters from the Victorian Parliament to the Commonwealth (1996)."
"Victorian Industrial Law (1997)" (the Victorian Industrial Law tab of the Australian Labour Law Reporter)
"The Laws of Australia, Employment Law Chapters" (in preparation).
"The Awarding of Legal Costs in the AIRC" 1998.
1998 commentary on Unfair Dismissal laws for Butterworth's Federal Industrial Law [ forthcoming].

Mark is currently the Victorian Consultant to CCH Australia on Employment Law.