All Trades Queensland Pty Limited v Construction, Forestry, Mining and Energy Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Others [2017] FWCFB 132

(#P37_2271) [2013] FWCA 2153

(#P89_8135) See FW Act s.143(5) and (6)

(#P253_19812) See the relevant definitions in ss.178 and s.4 of the WR Act.

(#P260_21304) Transitional Act, s.2 and Sch.2 item 2

(#P296_23846) Transitional Act, s.2 and Sch.2 item 2

(#P316_25109) The "miscellaneous modern award" is defined in s.163(4) of the FW Act as the modern award that is expressed to cover employees who are not covered by any other modern award.

(#P374_30835) Transitional Act, s.2 and Sch.2 item 2. Schedule 7 Parts 2-3 dealt with the position applying to enterprise agreements made during the bridging period.

(#P501_39856) Decision at [170]-[174]

(#P559_49249) 9 March 2016

(#P592_53702) See Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; (2012) 248 CLR 378 at [97] per Kiefel J (as she then was); Commissioner of Stamp Duties v Permanent Trustee Co Ltd (1987) 9 NSWLR 719 at 722-724 per Kirby P (as he then was).

(#P605_59917) See Alcan (NT) Alumina Pty Ltd v Commissioner for Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27 at [14]; CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 at 408

(#P606_60419) Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 at [70]

(#P615_64141) Victorian Stevedoring and General Contracting Co Pty Ltd and Meakes v Dignan [1931] HCA 34; (1931) 46 CLR 73

(#P616_64500) ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 at [61] per Gageler J

(#P617_64967) Goodwin v Phillips [1908] HCA 55; (1908) 7 CLR 1 at 10 per Barton J; Pearce and Geddes, Statutory Interpretation in Australia, 8th ed. at [7.11]

(#P620_65995) There might be a question as to how item 8(1) of Sch.2 of the Transitional Act could validly authorise the modification by regulation of a provision of the FW Act, but this issue was not raised by any party.

(#P625_68057) See Acts Interpretation Act, s.15AB(1)(a)

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