Application by Maritime Union of Australia, The [2014] FWCFB 2587 (16 April 2014)

(#P33_2111) [2014] FWCFB 1317

(#P36_2614) AMMA's Outline of Supplementary Submissions in Opposition to Protected Action Ballot Order Application at paragraph [4]

(#P46_4286) Swire's Outline of Submissions in Opposition to Protected Action Ballot Order Application at paragraphs 2-5

(#P49_4868) Exhibit Swire 7 at paragraph [17]

(#P72_8765) Outline of Submissions at paragraph [19]

(#P77_9165) Exhibit MUA 1

(#P84_10208) Transcript at PN213

(#P86_10385) Ibid, PN261-262

(#P88_10733) Ibid, PN288-297

(#P90_11235) Ibid, PN302-311

(#P92_11475) Ibid, PN366-374

(#P94_11732) Ibid, PN407-408

(#P96_12020) Ibid, PN443-444

(#P98_12138) Ibid, PN447

(#P100_12302) Exhibit Swire 5

(#P101_12654) Transcript at PN463-468

(#P106_12923) Swire's Outline of Submissions in Opposition to Protected Action Ballot Order Application at paragraphs [11]-[36]

(#P110_13731) Ibid at paragraph [19]

(#P113_14569) Ibid at paragraph [34]

(#P115_14923) Ibid at paragraph [36]

(#P122_15316) Exhibit Swire 7

(#P123_15742) Ibid at paragraph [39]

(#P126_15847) Exhibit Swire 6

(#P127_16603) Transcript at PN512-531

(#P130_16658) Exhibit Swire 8

(#P136_17077) AMMA's Outline of Supplementary Submissions in Opposition to Protected Action Ballot Order Application at paragraphs [1] and [6]

(#P141_17321) [2014] FWCFB 1317 at [24] - [44]

(#P198_25875) [2014] FWCFB 1317 at [66]

(#P212_27597) Swire's Submissions in Reply at paragraph [16]

(#P224_29198) MUA Submissions in Response at paragraph [21] - [52]

(#P251_34779) See s. 173(2)

(#P252_34921) See s. 173(1)

(#P253_35073) [2014] FWCFB 2042

(#P256_35585) Ibid at [20]

(#P259_36161) See Wesfarmers Premier Coal Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (No 2) [2004] FCA 1737; (2004) 138 IR 362 at [55] and [56]; Explanatory memorandum to Fair Work Bill 2008 at [643]

(#P262_36550) MSS Security Pty Ltd v Liquor, Hospitality and Miscellaneous Union [2010] FWAFB 6519 at [19]

(#P265_36796) [2014] FWAFB 1317 at [97]

(#P293_39856) MUA Submissions in Response at paragraph [5]

(#P294_40132) Transcript PN442 - PN447

(#P295_40353) Ibid at [4]

(#P296_40655) Ibid at paragraph [20]

(#P356_52369) Exhibit MUA 1 at WT8 p.3; Exhibit Swire 6 at SDW 31 p.1

(#P359_52673) Ibid

(#P364_53249) Exhibit Swire 6 at SWW 2

(#P365_53702) Defined in clause 2 of the Downstream Agreement as KBR E+C Australia Pty Ltd; JGC corporation; Clough Projects Australia Pty Ltd and Hatch Associates Pty Ltd

(#P368_54687) [2014] FWCFB 1317 at [72] - [74]

(#P383_57376) Swire's Outline of Supplementary Submissions in Opposition to Protected Action Ballot Order Application at paragraph [23]

(#P390_58679) Ibid at paragraphs [24]-[25]

(#P393_59086) Swire's Submissions in Reply at paragraphs [36]-[38]

(#P396_60184) MUA Submissions in Response at paragraphs [53]-[67]

(#P403_60786) [2009] FWAFB 1240

(#P414_62434) [2010] FWAFB 1714

(#P419_62940) [2010] FWAFB 6519

(#P429_64668) [2010] FWAFB 9963

(#P439_67154) [2011] FWAFB 3377

(#P444_67911) Ibid at [40] and [41]

(#P447_68014) [2012] FCAFC 53; (2012) 201 FCR 297

(#P455_70694) Ibid and 312 [58] - [59]

(#P472_72942) Exhibit Swire 2. Note in respect of the reference to the exclusion of dredging, at the hearing Swire did not press the issue - see transcript at PN279

(#P484_74658) Exhibit Swire 6 at Attachment SDW-19

(#P487_74828) Exhibit Swire 5

(#P492_75375) Exhibit Swire 6 at paragraph [15]

(#P497_75849) Exhibit Swire 3

(#P500_76132) Exhibit Swire 6 at paragraph [15]

(#P503_76299) Exhibit Swire 5

(#P506_76590) Exhibit MUA 1 at Attachment WT5

(#P507_76845) Ibid at Attachment WT6

(#P514_77205) Exhibit Swire 5

(#P517_77521) Ibid

(#P522_77953) Form F34 Application for a Protected Action Ballot Order

(#P527_78719) Transcript at PN79

(#P530_79022) Exhibit MUA 1 at Attachment WT8

(#P549_80538) Ibid

(#P560_81112) Ibid

(#P563_81378) Exhibit Swire 6 at Attachment SDW-34

(#P570_81756) Ibid at Attachment SDW35

(#P587_83213) Exhibit MUA 2

(#P590_83461) Transcript at PN159

(#P593_83717) Exhibit MUA 5

(#P600_85979) See Transcript PN443 - PN447

(#P603_86426) An email from Mr White to Mr Tracey of 12 February refers to VO's not accepting the change in scope and that this was reinforced in writing on 6 February 2014

(#P608_87330) See Stuartholme at [25]

(#P611_88111) Exhibit MUA 1 at paragraph [20]

(#P612_89743) See per Flick J in J.J Richards Sons Pty Ltd and another v Fair Work Australia and Another [2012] FCAFC 53; (2012) 201 FCR 297 at [59]

(#P618_90721) [2014] FWCFB 1317

(#P625_93430) Transcript at PN166

(#P626_93715) Ibid, PN512-531

(#P629_94182) See transcript PN439 - PN441

(#P630_95559) The evidence from which an inference is suggested be drawn is set out in Swire's Submission of 14 February 2014 at [22] to [25]

(#P642_97239) See Swire's Submissions in Reply at paragraph [36]

(#P647_97865) Ibid at [36] f)

(#P648_98224) See Exhibit Swire 6 at paragraph [15] and Exhibit Swire 3

(#P653_98577) See for example Moama Bowling Club v Thomson [2013] VSC 744

(#P700_106218) Transcript PN442 - PN447

(#P715_109714) See common requirements for Protected Industrial Action in s. 413

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