Appeal by DP World Brisbane Pty Ltd [2013] FWCFB 8557 (23 December 2013)

(#P103_7503) Exhibit A2, Transcript at paragraphs [33] to [63]: objections to his statement; cross-examination at paragraphs [64] to [154]; and re-examination at paragraphs [155] to [176]

(#P104_7739) Exhibits A3, A4 and A5; Transcript at paragraphs [183] to [223]: examination in chief; paragraphs [224] to [264]: objections to his statement; paragraphs [267] to [421]: cross-examination; and paragraphs [424] to [434]

(#P105_8069) Exhibit R1; Transcript at paragraphs [445] to [458]: examination in chief; cross-examination at paragraphs [460] to [571] and re-examination at paragraphs [573] to [584]

(#P108_8360) Tn paragraph [390]

(#P109_8395) Tn paragraph [476] and [486]

(#P110_8885) Exhibit A1 at paragraph [8]

(#P119_10746) See Final submissions of the Applicant at 40(b)(ii)

(#P127_11403) [2001] HCA 16 at [31] and [32]

(#P128_11519) (2002) 123 IR 216 at [24] and [25]

(#P133_11904) [2013] FWC 5453

(#P159_15823) [2011] FWAFB 2555

(#P164_16567) Also see Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees v Woolworths Limited T/A Woolworths [2013] FWCFB 2814

(#P171_18017) [2005] HCA 10; (2005) 222 CLR 241 at 246[2]

(#P174_18193) City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813; (2006) 153 IR 426 at [53] per French J

(#P175_18456) Amcor v CFMEU [2005] HCA 10; (2005) 222 CLR 241 at [30] per Gummow, Hayne and Heydon JJ

(#P178_18758) (2004) 219 CLR 165 at 179 [40]

(#P183_19964) [1996] IRCA 166; (1996) 66 IR 182 at 184

(#P197_21894) [2006] FCA 813; (2006) 153 IR 426 at [428]

(#P206_24423) See Marmara v Toyota Motor Corporation Australia Limited [2013] FCA 1351 at [94]

(#P215_26244) Shop, Distributive and Allied Employees Association (Queensland Branch) Union of Employees v Woolworths Limited T/A Woolworths [2013] FWCFB 2814 at [22]; Linfox Australia Pty Ltd v Transport Workers' Union of Australia [2013] FCA 659 at [10]. We note that in Victoria Police Force v Police Federation of Australia ( [2009] AIRCFB 146 at [13]) the Commission determined that clause 19.5.5 of the relevant agreement provided an independent right of appeal. Clause 19.5.5 said: "An appeal lies to a Full Bench of the AIRC, with leave of the Full Bench, against a determination/decision of a single member of the AIRC made pursuant to this clause."

(#P218_27377) [2013] FCA 659

(#P219_27636) See paragraphs [83] to [84] of the Transcript of the appeal proceedings

(#P222_28343) Ibid at [27]

(#P241_32159) [1956] HCA 22; (1956) 94 CLR 554 at 560

(#P244_32238) Houssin v Department of Industrial Relations (1981-1982) 38 ALR 577 at 583; Australian National Railways Commission v Rutjens, Print N1939, 27 May 1996 per Ross VP, Harrison DP and Larkin C.

(#P247_32991) [2009] AIRCFB 146

(#P280_39828) [2001] FCA 1803; (2001) 116 FCR 481 at [30]

(#P285_40292) Appellant's written outline at 3.8; transcript of the appeal proceedings at paragraphs [551] and [553].

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