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Nico
Burmeister

Nico practises in industrial relations and employment law.  He also accepts intellectual property and general commercial litigation briefs.  Nico is a member of the Victorian and Western Australian Bars.

Nico was called to the Bar in October 2013 and has developed a national practice.  He is listed in Doyle’s Guide’s Leading Employment & WHS Junior Counsel – Victoria, 2017 and Leading Intellectual Property Barristers – Victoria, 2017

Nico has extensive experience, both as junior counsel and unled.  Some recent cases of note include:

  • Vickers v Coles Supermarkets Australia – Junior counsel for Coles (led by Stuart Wood, QC) defending application to terminate its 2011 enterprise agreement (Fair Work Commission, ongoing). 
  • Hart v Coles Supermarkets Australia [2016] FWCFB 2887 – Junior counsel for Coles (led by Stuart Wood, QC and Marc Felman) in appeal against approval of 2014 enterprise agreement. 
  • Atkinson v Killarney Properties Pty Ltd & Ors [2016] FCCA 3233 – Appeared unled for Killarney Properties and its directors and managers defending general protections, and other related, proceedings (Federal Circuit Court of Australia, Fair Work Commission, ongoing).
  • David Powell & Ors v Kingswood (a band) – Appeared unled for former manager of rock band “Kingswood” in claim for unpaid commissions (County Court of Victoria, settled).
  • Maritime Union of Australia v Farstad Shipping (Indian Pacific) Pty Ltd [2017] FWC 2650 – Appeared unled for Farstad Shipping in relation to industrial dispute with the MUA (Fair Work Commission). 
  • Australian Workers' Union v CBI Constructions Pty Ltd [2017] FWC 892 – Appeared unled for CBI Constructions in relation to industrial dispute with the AWU (Fair Work Commission). 
  • Tidewater Marine Australia Pty Ltd v The Australian Maritime Officers’ Union – Appeared unled for Tidewater Marine in appeal against decision regarding jurisdiction of Fair Work Commission (Full Bench of Fair Work Commission, resolved by consent). 
  • SSKB v Setia – Junior counsel for SSKB (led by Jeffrey Gleeson, QC) in claims against former customer and employee (contract, misleading and deceptive conduct, fiduciary duties, tort and statutory duties) (Supreme Court of Victoria, settled).
  • Patrick Projects Pty Ltd v The Maritime Union of Australia & Ors – Junior counsel for Patrick stevedores (led by Stuart Wood, QC) in proceedings arising from industrial dispute regarding Gorgon Project (unlawful industrial action) (Federal Court, ongoing).
  • Scandinavian Tobacco Group v Trojan Trading Company (2015) 115 IPR 246 and (2016) 119 IPR 247 – Junior counsel for STG (led by Ed Heerey, QC) prosecuting claims related to parallel importation of commercial quantities of tobacco products (trade mark infringement, misleading and deceptive conduct, passing off).
  • DOF Management Australia Pty Ltd v The Maritime Union of Australia [2016] FWCA 4654 – Junior counsel (led by Richard Dalton) for DOF in contested application for approval of enterprise agreement. 
  • MMA Offshore Logistics Pty Ltd v The Maritime Union of Australia [2016] FWC 4868 – Junior counsel (led by Richard Dalton) for DOF in contested application for approval of enterprise agreement. 
  • Smit Lamnalco Australia Pty Ltd v The Maritime Union of Australia [2016] FWC 5249 – Junior counsel (led by Richard Dalton) for DOF in contested application for approval of enterprise agreement. 
  • Nube Pty Ltd v Viljoen – Appeared unled for former employee defending application for urgent injunctive relief (post-employment restraints of trade) (Supreme Court of Victoria, application defended successfully).
  • Beaver Mining Supplies v Lewis – Appeared unled for Beaver Mining in application for urgent injunctive relief (post-employment restraints of trade) (Supreme Court of Western Australia, settled).
  • Powell ats Comité Interprofessionnel du Vin de Champagne (2015) 115 IPR 269 – Junior counsel (led by Ed Heerey, QC) defending misleading and deceptive conduct claim by CIVC relating to use of “Champagne Jayne” name. 

Prior to joining the Bar, Nico practised as a solicitor for 10 years.  He gained extensive experience in the litigation departments of Allens (now Allens Linklaters), and Norton Rose Fulbright.  In addition, he spent two years in-house at Chandler Macleod Group Ltd, an ASX-listed labour-hire and recruitment business, where he was General Counsel. 

Nico holds a Bachelor of Laws and a Bachelor of Arts (Political Science) from the University of Western Australia.  He also holds a Master of Law and Management from the University of New South Wales.  He is undertaking a further Master of Laws at the University of Melbourne.

Nico is a member of the Industrial Relations Society of Victoria and the Intellectual Property Society of Australia and New Zealand (IPSANZ, of which he is a former member of the Victorian Committee). 

Nico is a long-suffering member of the Fremantle Football Club. 

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

Contact

PH +61 3 +61 3 9225 6902
Email nico.burmeister@vicbar.com.au

Chambers: Room 1503
Owen Dixon Chambers West
525 Lonsdale Street
Melbourne 3000

Practice Areas

Alternative Dispute Resolution
Commercial Law
Intellectual Property & Trade Practices
Competition Law & Consumer Law
Industrial Relations Law & Employment Law
Industrial Disputes
Employment Contracts
Public Law & Administrative Law
Disciplinary Proceedings
Merits Review
Judicial Review

ADMISSIONS

Admitted to the Legal Profession:
05 Dec 2003
Signed Victorian Bar Roll:
24 Oct 2013

Qualifications

MLM (NSW); LLB (UWA), BA (UWA); GDipLegPrac