Franceska practises in commercial and public law with a particular focus on industrial relations and employment law.
Franceska has represented employees, employers and government regulators in a range of employment and industrial relations matters in the Federal Court, Federal Circuit Court, Victorian Court of Appeal, Supreme Court of Victoria, Magistrates’ Court, the Fair Work Commission and VCAT. She regularly advises on employment matters, industrial relations disputes (industrial pickets, enterprise bargaining disputes, industrial action and right of entry), contract and fiduciary duties disputes, employment entitlements, restraints of trade, discrimination, workplace investigations, and workplace safety.
Franceska's recent cases include:
Industrial relations matters
- United Firefighters' Union of Australia v Fire Rescue Victoria [2023] FWCFB 180 (on behalf of the intervenor, the Minister for Emergency Services) (led by C O'Grady KC) (first intractable bargaining declaration issued by the Full Bench of the Fair Work Commission)
- Lyon v Jetstar Airways Pty Ltd t/a Jetstar Airways [2021] FWCFB 960 (led by R Dalton KC) (successfully defended appeal in respect of proper construction of rostered working arrangements provisions of an enterprise agreement)
- Australian Municipal, Administrative, Clerical and Services Union v Powercor Australia Ltd & Citipower Pty Ltd [2021] FWC 4526 (successfully defended dispute involving proper construction of pay progression provisions of an enterprise agreement)
- Applications by the Health Services Union, Australian Nursing and Midwifery Federation and the Victorian Hospitals’ Industrial Association [2021] FWCFB 3537 (led by J Bourke KC) (successful arbitration of bargaining dispute concerning the coverage of the relevant enterprise agreements)
- CMLA Services Pty Ltd v Finance Sector Union of Australia [2021] FWC 5054 (successful application for a variation of an enterprise agreement pursuant to section 320 of the Fair Work Act 2009 (Cth))
- Howard v National Patient Transport Pty Ltd [2021] FWCFB 5334 (led by E White) (and at first instance [2021] FWC 3488) (complex dispute regarding proper construction of paid meal break entitlement under an enterprise agreement)
- Esso Australia Pty Ltd T/A Esso v The Australian Workers’ Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; the Australian Manufacturing Workers’ Union [2019] FWC 6143 (led by F Parry KC and R Dalton KC) (complex application for termination of enterprise agreement)
- Attorney General and Minister for Industrial Relations v Metropolitan Fire and Emergency Services Board [2019] FWCFB 6255 (led by J Firkin KC) (and at first instance [2019] FWC 106) (complex dispute regarding the application for approval of the MFB Operational Agreement 2016)
Employment related matters
- Wai v Open Universities Autralia Pty Ltd [2023] FWC 3402 (successful jurisdictional objection to dismissal related general protections claim)
- Riggs v IBM Australia Ltd [2021] FedCFamC2G 235 (successfully defended dispute involving proper construction of redundancy provision)
- Senasekera v First Choice Business Brokers Pty Ltd [2020] FWC 4312 (successful jurisdictional objection on the basis of genuine redundancy)
- Hine v Macquarie Bank Limited [2018] VSC 181 (led by J Bourke KC) (successful strike out application in respect of employment contract dispute)
- Bowden v Murray Valley Aboriginal Cooperative [2018] VSC 591 (led by N Harrington) (successful application to amend pleadings regarding alleged breaches of duties)
- Crowe Horvath (Aust) Pty Ltd v Loone [2017] VSCA 181 (led by A Moses SC and N Harrington) (significant appeal regarding enforceability of restraint of trade in circumstances of repudiatory conduct)
Regulatory matters
- Fair Work Ombudsman v Tran [2023] FedCFamC2G 1038 (declarations and imposition of penalties for contraventions of section 44(1), 45, 535(1), 536(2) and 718A of the Fair Work Act 2009 (Cth))
- Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2019] FCA 468 (declarations and imposition of penalties for contraventions of section 348 of the Fair Work Act 2009 (Cth))
- Australian Building and Construction Commissioner v Powell (No 2) [2019] FCA 972 (led by R Dalton KC) (declaration and imposition of a penalty for a contravention of section 494(1) of the Fair Work Act 2009 (Cth))
- Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) [2018] FCAFC 88 (led by D Star KC) (successful appeal regarding proper construction of the right of entry provisions of the Fair Work Act 2009 (Cth))
Judicial review
- Ittyerah v Coles Supermarkets (Australia) Pty Ltd (No 2) [2021] FCA 412 (successfully defended judicial review of a decision of the Fair Work Commission)
- Ali v Minister for Immigration & Anor [2018] FCCA 1221 (successful application for judicial review of a decision of the Administrative Appeals Tribunal)
- AHL15 v Minister for Immigration and Border Protection [2017] FCA 1178 (appeal from decision of the Federal Circuit Court of Australia)
Other matters
- Tham v Australian Capital Territory (ongoing) (led by H Tiplady) (defence of class action brought for payment of unrostered overtime by junior doctors)
- Phillips v Victoria Police (Human Rights) [2021] VCAT 940 (successful summary dismissal of claims made under the Equal Opportunity Act 2010 (Cth))
- Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry on behalf of ANZ Banking Group Limited (led by M Collins KC and K Williams SC)
Prior to coming to the Bar, Franceska was Associate to the Honourable Justice RRS Tracey AM RFD of the Federal Court of Australia. She assisted in trial and appellate proceedings concerning employment, industrial relations, public law and migration matters. Prior to that, Franceska practised as a solicitor in the employment practice group at Ashurst. In that role, she advised and acted in a range of industrial, employment and discrimination matters.
Franceska holds a Bachelor of Arts and a Bachelor of Laws with First Class Honours from Monash University.
Memberships
- Industrial Bar Association
- Commercial Bar Association
- Women Barristers Association