Application by ALDI Foods Pty Ltd [2013] FWC 3495 (3 June 2013)

(#P143_11272) Affidavit of David Zalunardo, at para 12.

(#P164_16106) [2012] FWAFB 2206.

(#P167_16700) Re ANZ Stadium Casual Employees Enterprise Agreement 2009 [2010] FWAA 3758.

(#P168_17060) Construction, Forestry, Mining and Energy Union v Fair Work Australia [2011] FCA 719; (2011) 195 FCR 74 at [102]- [103].

(#P191_27406) Cimeco Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FWAFB 2206.

(#P200_30939) Ibid at [19].

(#P207_33798) See e.g. Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2012] FWAFB 7866.

(#P248_42493) See [2012] FWAFB 9398 at [30]-[42].

(#P253_43708) Ibid at [40], [42].

(#P256_43943) Ibid at [56].

(#P259_45263) See Macpherson v Coal & Allied Mining Services Pty Ltd (No. 2) [2009] FMCA 881; (2009) 189 IR 50 at 80, where Raphael FM found that the employer was not in breach of s.226(1) of the Workplace Relations Act 1996, which provided that an employee must not be required to work more than 38 hours per week plus any reasonable additional hours, by requiring the employee to work the six additional hours comprised in a new 44 hour roster.

(#P346_58276) See s.114(4) of the Act for the full list of matters which must be taken into account.

(#P359_60605) [2010] FWAFB 9985.

(#P368_62265) MA000084.

(#P369_62913) [2012] FWAFB 9398 at [43]-[49].

(#P370_63089) Ibid at [49].

(#P377_65856) See Liquor, Hospitality and Miscellaneous Union v Ausco Martin Pty Ltd [2010] FWAFB 6214 at [19]. This decision concerned the "no disadvantage test" applied under the Workplace Relations Act 1996 and transitional legislation. However both the no disadvantage test and the better off overall test require a broadly similar process of identifying the terms of an agreement that are more and less beneficial than those of the relevant award, leading to an overall assessment. "While the BOOT is expressed in different terms to the NDT, each involves a global assessment": Modern Awards Review 2012 - Award Flexibility [2013] FWCFB 2170 at [134]. See also the authorities cited at footnote 70 of that decision.

(#P419_72686) See transcript at PN710-721.

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