Appeal by Maritime Union of Australia, The [2013] FWCFB 7736 (11 October 2013)

Fair Work Commission (Full Bench)|2013-10-11|Before: Commissioner Bull, Commissioner Roberts, Deputy President Booth, Vice President Hatcher, President Hatcher, President Booth

(#P24_1043) [2013] FWC 4391

(#P25_1165) PR538567

(#P162_9912) [2013] FWCFB 2568 at [29]

(#P172_11636) See [31]

(#P173_11960) At [29]

(#P179_13293) At 395 [14] per Branson and Marshall JJ

(#P185_14553) Per Gleeson CJ and Gaudron and Hayne JJ at [19]

(#P187_14962) [1936] HCA 40; (1936) 55 CLR 499 at 505

(#P188_15051) Coal and Allied at [21]

(#P193_16114) AWU v Bluescope Steel (2008) 171 IR 115 at 120 [16]; John Holland Pty Ltd v AMWU [2010] FWAFB 526 at [46]; CFMEU v Woodside Burrup Pty Ltd [2010] FWAFB 6021 at [19].

(#P194_16364) PR974241

(#P195_16832) Per Watson SDP and Smith C at [9]-[11].

(#P196_17064) PR922053 at [42]-[43]

(#P197_17617) Per Blain DP at [48]-[49]

(#P204_18799) At [13]

(#P207_19341) At [21]

(#P220_21838) At the hearing of the appeal, it was a fact agreed between the parties based upon information gathered after the hearing before Watson VP that the actual number of unplanned absences was 65 from 6.00 am on 14 June to 6.00 am on 17 June. We do not consider this corrected factual position vitiated the conclusions reached by his Honour about this matter.

(#P221_22330) At [23]

(#P224_23235) At [24]-[25]

(#P233_24750) [1997] 1 VR 125

(#P242_27789) At [20]-[21]

(#P243_28847) Transcript 19 June 2013 PN 972.

(#P246_29410) PR521163

(#P247_29611) See Smith v Moore Paragon Australia Ltd PR915674 at [36]

(#P250_30345) Ibid at [42]

(#P253_30508) [1936] HCA 23; (1936) 55 CLR 367 at 375

(#P254_30743) Cross on Evidence, Australian edition at [21280]

(#P255_30990) At 375-376

(#P260_31983) Print S4213

(#P268_33728) Ibid at 30-31

(#P281_37128) AMWU v UGL Resources Pty Ltd [2011] FWAFB 4777; (2011) 214 IR 237 at [17]

(#P282_37400) Ibid at [20]

(#P293_39967) [2007] FCAFC 150. Buchanan J dissented, but not in a way which affected the correctness of the quoted statement of general principle.

(#P322_48031) See e.g_. Transport Workers Union of Australia, Union of Employees (Queensland Branch) v Bus Queensland_ [2009] AIRCFB 150 at [12]- [15]

(#P339_51022) At [22]

(#P346_52674) At [22]-[23]

(#P355_55959) At [48]

(#P368_60042) Per Gray and North JJ at [38]

(#P369_60297) Per Gyles J at [72]

(#P380_61316) PR542883

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Judgment (46 paragraphs)

Legislation Cited (2)

Cases Cited (11)