Application by National Union of Workers [2016] FWC 6262 (12 September 2016)

(#P106_12735) Transcript PN69 - PN70.

(#P111_13238) Exhibit 1.

(#P114_13363) Transcript PN413 - PN418.

(#P137_16252) Total Marine Services Pty Ltd v Maritime Union of Australia [2009] FWAFB 368; (2009) 189 IR 407 at [32]- [33]; Esso Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); The Australian Workers' Union (AWU) [2015] FWCFB 210 at [34]-[35].

(#P140_17182) See the decisions of Gostencnik DP in NUW v Riverland Oilseeds Pty Ltd [2013] FWC 5914 at [17]- [ 19]; Hamberger SDP in TWU v CRT Group Pty Ltd [2009] FWA 425 at [26], and Lewin C in NUW v SKF Australia Pty Ltd [2010] FWA 6557 at [19] - [21]; endorsed by a Full Bench of the Commission in Esso Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); The Australian Workers' Union (AWU) [2015] FWCFB 210 at [18].

(#P143_18413) [2015] FWCFB 210.

(#P144_18799) Ibid at [34] - [35], [59].

(#P147_19407) Ibid at [75].

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