Appeal by Transport Workers' Union of Australia & Michael and Another [2013] FWCFB 276 (17 January 2013)

(#P130_9761) See Item 2 of Part 1 of Schedule 2 and subitem 2(3)(b) of Schedule 3 of the Transitional Provisions Act.

(#P149_11892) [2012] FWA 8772.

(#P200_19045) This is so because on appeal FWA has power to receive further evidence, pursuant to s.607(2); see Coal and Allied v AIRC [2000] HCA 47; (2000) 203 CLR 194 at [17] per Gleeson CJ, Gaudron and Hayne JJ.

(#P231_21271) Appeal Book Vol 1 p.180 paragraph 1693; see also paragraph 1694.

(#P234_21739) Appeal Book Vol 1 p.203 paragraph 1853.

(#P237_22210) Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141; Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82.

(#P256_25730) The position in Cimeco Pty Ltd v CFMEU [2012] FWAFB 2206 was different: there employees not to be covered by the agreement were included in the vote, but all employees to be covered had been asked to vote on approval, and all of them had - see paragraph 53.

(#P257_26301) See the majority decision in Ostwald Bros Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FWAFB 9512. But cf. the majority decision in Stephen Bland v CEVA Logistics (Australia) Pty Ltd [2011] FWAFB 7453.

(#P264_27090) Transcript at PN 118.

(#P267_27235) Attorney General (Gambia) v N'Jie (i.e. [1961] AC 617 at 634, cited with approval by Gibbs CJ in Koowarta v Bjelke-Peterson [1982] HCA 27; (1982) 153 CLR 168 at 184 - 185).

(#P268_27581) Tweed Valley Fruit Processors Pty Ltd v Ross and others (1996) 137 ALR 70 at pp90-91; Re Australian Industry Group [2010] FWAFB 4337 (11 June 2010) at paragraph 113.

(#P269_27784) See the authorities set out in footnotes 13 and 14 ; Australian Institute of Marine and Power Engineers v Secretary, Department of Transport [1986] FCA 443; (1986) 13 FCR 124 at 133 per Gummow J; JJ Richards & Sons Pty Ltd and another v Transport Workers Union of Australia [2011] FWAFB 3377 at paragraph 9.

(#P274_28501) Transcript at PN 30 - 37.

(#P311_33097) Transcript at PN 114.

(#P314_34065) Cetin v Ripon Pty Ltd t/as Parkview Hotel (2003) 127 IR 205 at paragraph 48 and Construction, Forestry, Mining and Energy Union v Queensland Bulk Handling Pty Ltd [2012] FWAFB 7551.

(#P315_34315) Re Dingjan and others; Ex Parte Wagner and another (1995) 183 CLR 323 at 360 per Gaudron J, with whom Mason CJ, Brennan, Deane and Toohey JJ agreed on the judicial power issue.

(#P318_35462) [1987] HCA 29; (1987) 163 CLR 140 at 149; See also Re Ranger Uranium Mines Pty Ltd; Ex parte Federated Miscellaneous Workers' Union of Australia [1987] HCA 63; (1987) 163 CLR 656 at p666.

Printed by authority of the Commonwealth Government Printer