Application by Grabovsky [2015] FWC 5161 (29 July 2015)

(#P38_2229) [2014] FWCFB 7533

(#P43_3727) See ss.595, 738 and 739, especially ss.595(3) and (5), s.738(b), and s.739(3) and (4)

(#P51_4629) See s.604(2) and the consideration of the meaning of "public interest" in GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343 at paragraphs [26]-[27]

(#P54_5074) [2014] FWCFB 7533 at paragraphs [12]-[14] and [16]-[18]

(#P59_5763) [2015] FWC 2504

(#P60_5984) Ibid at paragraphs [22]-[44]

(#P61_6180) Ibid at paragraphs [47]-[50] A 'Webster pack' is described at paragraphs [10]-[12] of the Vice President's decision as follows: "Many residents in nursing homes find themselves prescribed with a range of medications by their treating doctor(s). It is important that residents take the correct medication at the times determined by their treating doctor(s). A device known as a "Webster pack" is in almost universal use to assist residents to ensure that they comply properly with their medication regime.

A Webster pack contains a series of blisters into which a pharmacist places all of the tablets/capsules of medication that a particular resident is required to take over a specified period (usually a week) in accordance with the prescriptions prepared by the resident's treating doctor. All of the tablets/capsules that the resident must take at a particular time (for example in the morning, at lunch, at dinner or in the evening), on a particular day, are contained within a single blister bubble. The bubbles are ordered so that they can be broken successively over the period covered by the pack. Each bubble is labelled to indicate the day and time that the contents of the blister bubble should be consumed by the resident.

A Webster pack, once prepared by a pharmacist for a particular resident, will contain all of the tablets or capsules of medication that the resident should consume in the period covered by the pack. If a resident consumes all of the pills in each bubble successively at the nominated time, the resident will receive their correct medication, at the correct time for the entire period covered by the pack."

(#P66_8073) [2015] FWC 3313

(#P67_8171) [2015] FWCFB 3926

(#P90_15054) [2015] FWCFB 3926 at paragraphs [2]-[3]; [15]-[16]; and [21]-[26]

(#P150_20835) [2015] FWC 3313 at paragraphs [9]-[10]

(#P218_25458) [2015] FCA 16 at paragraphs [68]-[69]

(#P225_26323) Ross v R [1979] HCA 29; (1979) 141 CLR 432 at paragraph 440; Commissioner of Stamps v Telegraph Investment Co Pty Ltd [1995] HCA 44; (1995) 184 CLR 453 at paragraph 479

(#P242_27461) See s.5 of the Conciliation and Arbitration Act 1957 and s.49 of the Conciliation and Arbitration Act 1904-1955

(#P243_27661) (1931) 30 CAR 766

(#P256_31306) Ibid 30 CAR 766 at paragraphs 767-769.

(#P259_31425) Print PR929970, 9 April 2002 at paragraph [39]

(#P264_32091) See Re Endeavour Energy [2014] FWC 198

(#P265_32187) Rainshield Roofing Pty Ltd t/as Rainshield Roofing v Peter Paerau [2014] FWC 3946

(#P266_32329) Re Rubber, Plastic and Cablemaking Industry Award 1972 (1975) 167 CAR 929 at paragraph 931 per Gaudron J

(#P269_32789) Metwally v University of Wollongong [1985] HA 28 at paragraph [7]

(#P272_33398) [2014] FWCFB 7533 at paragraph [16]

(#P273_33651) See paragraphs 27-30 of the Application filed on 25 June 2015

(#P278_34324) [1932] HCA 9; (1932) 47 CLR 1 at page 7

(#P283_34811) [1949] HCA 30; (1949) 78 CLR 529 at page 550

(#P296_37223) Commonwealth v State of Queensland [1920] HCA 79; (1920) 29 CLR 1 at paragraph 15; Toohey v Gunther [1928] HCA 19; (1928) 41 CLR 181 at paragraph 195 and R v Gough; Ex parte Australasian Meat Industry Employees' Union [1965] HCA 52; (1965) 114 CLR 394 at paragraph 422; see also DK Singh 'What Cannot be Done Directly Cannot be Done Indirectly: Part I' (1959) 32 ALR 374 and DK Singh, 'What Cannot be Done Directly Cannot be Done Indirectly: Part II' (1959) 33 ALJ 3.

(#P299_37775) Print K8020, 11 June 1993 - per Maddern J, Moore VP, Keogh SDP, Marsh SDP, Harrison DP, Cox C and Smith C. Re Rubber, Plastic and Cablemaking Industry Award 1972 (1975) 167 CAR at paragraph 932 per Robinson J, Staples J and Portus C; Re Pecks Australia Pty Limited, Manufacturing Operations Agreement (Rooty Hill) 1993, AIRC Print L2022 per Boulton J, Munro J and Lawson C; Australian Workers' Union v Energy Developments Limited [1996] AIRC 2167 (19 March 1996) per Ross VP, Maher DP and McDonald C

(#P322_40112) [2001] FCA 1589; [2001] 115 FCR 78 at paragraph [21]

(#P323_40444) [1925] HCA 27; (1925) 36 CLR 442 at paragraph 450

(#P328_41153) [1998] 82 FCR 391

(#P357_43380) 7 July 2015 Transcript at paragraphs 72-77

(#P368_45532) See [2015] FWCFB 3926 at paragraphs [16]-[18]

(#P369_45934) See ibid at paragraphs [19]-[21]

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