[2013] FWC 2113
General information, not legal advice.
Fair Work Commission
2013-07-04
Commissioner Hampton
Original judgment source is linked above.
(#P35_1401) PR533924, issued 7 February 2013.
(#P50_2991) AN150167.
(#P53_3270) MA000089. The parties were subject to a NAPSA within the meaning of this provision.
(#P72_4647) Notional Agreement Preserving a State Award.
(#P75_4913) "Small business" under the VIRS&R Award was defined to mean an employer that employs less than 15 employees.
(#P117_7145) This was agreed in the initial directions conference.
(#P155_11455) Australian Chamber of Manufacturers and Derole Nominees Pty Ltd - Clothing Trades Award 1982 (1)[1990] AIRC 980; , (1990) 140 IR 123 per Peterson J, Marsh DP and Oldmeadow C.
(#P170_14972) Ibid.
(#P179_16566) Ibid at 124.
(#P182_16703) Re Target Retail Agreement 2001, PR916204, at para 6.
(#P183_17077) Re Clerks Salaried Staffs (Agriculture Award) 1999, Print S1216.
(#P188_17572) Menzies International Australia Pty Ltd v ALHMWU [2002] SAIRComm 15, 21 March 2002 and also see the original decision of Dangerfield C [2001] SAIRComm 57.
(#P205_20434) AIRC Print F7262 and AIRC Print F6230.
(#P210_20995) Supra; Timbercraft Pty Ltd [2011] FWA 6283;
(#P213_21212) Timbercraft; Baywood Products Pty Ltd v Mr Mervyn Inall [2010] FWA 9303;
(#P216_21459) Timbercraft; Villa Crerarii Pty Ltd v Daniel Kahl [2013] FWA 903.
(#P219_21982) GEERS is a Commonwealth scheme designed to provide certain entitlements when an employee losses their employment through liquidation or insolvency of their former employer. The Fair Entitlements Guarantee (FEG) is a more recent version of the scheme.
(#P220_22264) Villa Crerarii Pty Ltd v Daniel Kahl; PYL Nominees Pty Ltd [2011] FWA 1581; Moltoni Waste Management v P Fairs, R Ellen and K Birkett [2012] FWA 5590.
(#P223_22692) Supra.
(#P232_24513) This scheme would be applicable given the timing of the redundancies.
(#P248_26084) PR538473.
Printed by authority of the Commonwealth Government Printer
(1990) 140 IR 123