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[2014] FWC 3288
Fair Work Commission
2014-06-02
Original judgment source is linked above.
(#P28_1639) S.37 of the FW Act.
(#P29_1735) S.30A of the FW Act.
(#P30_1864) S.30D of the FW Act.
(#P33_1947) S.3 of the FW Act.
(#P40_2613) See the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.
(#P55_4401) Mills v Meeking [1990] HCA 6; (1990) 169 CLR 214 at 235 per Dawson J; R v L (1994) 49 FCR 534 at 538.
(#P100_7758) Western Australia is not a Territory as defined in s.2B of the Acts Interpretation Act 1901, which refers to s.122 of the Australian Constitution.
(#P111_8750) Australian Constitution s.52(i).
(#P122_9382) The exclusions to the role of the Department both relate to non-government schools.
(#P126_9782) See also Wynyard Investments Pty Ltd v Commissioner for Railways (NSW) [1955] HCA 72; (1955) 93 CLR 376 at 393.
(#P131_10398) An ABN is, in general terms, an identifier of a business for taxation and other purposes but is available to individuals and other forms of "business". This includes State Government entities.
(#P144_11239) Ms S.W. written submissions, 14 May 2014.
Printed by authority of the Commonwealth Government Printer
(1994) 49 FCR 534
(1955) 93 CLR 376
(1990) 169 CLR 214