Appeal by Communications, Electrical, Electronic, Energy, Information,... [2013] FWCFB 2142 | Case summary

Fair Work Commission (Full Bench)|2013-04-11|Before: Commissioner Roberts, Deputy President Harrison, Deputy President Smith, President Harrison, President Smith, Senior DP Harrison

(#P48_2819) There were previous proceedings concerning the Agreement which we do not need to refer to - see CEPU and others and MI&E Holdings Pty Ltd

(#P68_4298) Paragraph [7]

(#P71_4809) Paragraphs [8] and [9]

(#P74_5802) Paragraphs [20],[21],[22]

(#P77_6152) Paragraph [23]

(#P80_6289) Paragraphs [31] to [36]

(#P81_6438) Paragrpah [37]

(#P82_6610) Paragraph [47]

(#P93_8554) The description is by MI&E in the application for approval of the Agreement and in the employer's statutory declaration

(#P98_10314) Paragraph 2.2 and 2.3

(#P107_11842) Workplace Relations Act 1996 Part 8, Division 2

(#P110_12760) Appellants written "Outline of Objections" undated para [7], Appellant's written submissions filed at the hearing para [5], Appellant's written submissions filed after the hearing, para [8] and transcript eg 122,218,445,543, appeal PN117

(#P125_16754) In the Workplace Relations Act 1996 ss.347,348, 351 (provisions comparable to the Act also applied to whether an employer or employee could take protected action in support of a new agreement - ie not until after the nominal expiry date see ss.440,494). T&C Act Schedule 3 items 2,3 and 30(2)

(#P132_19179) [2012] FWAFB 2206

(#P155_24837) Clauses 11 and 12

(#P168_28675) Paragraph [37]

(#P183_31490) [2012] FWA 9755

Printed by authority of the Commonwealth Government Printer

Work (Transitional Provisions and Consequential Amendments) Act 2009

Appeal by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Construction, Forestry, Mining and Energy Union [2013] FWCFB 2142 (11 April 2013)

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Judgment (17 paragraphs)

Legislation Cited (3)