Application by The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland [2015] FWC 2526 (9 July 2015)

(#P31_2185) Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland [2014] FWCFB 7154 and Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2014] FWCFB 7194

(#P34_2602) Ibid at [55] and [42]

(#P59_7000) See for example The Maritime Union of Australia [2014] FWCFB 1973; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Director of the Fair Work Building Industry Inspectorate [2014] FWCFB 4397; Re Construction, Forestry, Mining and Energy Union [2014] FWCFB 6497; Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2014] FWCFB 7194; and Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Industrial Union of Employees, Queensland [2014] FWCFB 7154

(#P60_7695) [2015] FCAFC 56

(#P69_12963) Ibid at [13]-[17]

(#P72_13562) Ibid at [42]

(#P75_13868) Ibid at [43]

(#P78_14203) [2015] FWC 1522

(#P95_16761) Ibid at [32]

(#P98_17158) [2015] FCAFC 56 at [25] and [43]

(#P109_18334) Applicants' outline of submissions in reply (13 February 2015) at [12] - [14]

(#P172_24813) Transcript PN33 - PN60 (17 February 2015)

(#P191_30395) [2015] FCAFC 56 at [18]- [25]

(#P194_30898) See for example Nestle Australia Ltd v Federal Commissioner of Taxation (1987) 16 FCR 167 at 184; Elias v Commissioner of Taxation [2002] FCA 845; (2002) 123 FCR 499 at [62]; Construction, Forestry, Mining and Energy Union v New Oakleigh Coal Pty Ltd and another [2012] FWAFB 5107 at [15]

(#P199_32426) [2014] FWCFB 5947

(#P210_37725) Ibid at [23]-[27]

(#P221_39933) Exhibit 2 at [2]

(#P222_40253) Declaration by proposed permit holder (Timothy Jarvis) dated 17 January 2014 at (a) and attachment thereto

(#P223_40503) Ibid

(#P224_40772) Ibid at (m)

(#P229_42399) Declarations by member of committee of management (Gregory Simcoe) dated 8 November 2010 attached to Application for an Entry Permit (Timothy Jarvis) filed 8 November 2010

(#P232_42994) Declaration by proposed permit holder (Timothy Jarvis) dated 17 January 2014 at (b)

(#P233_43265) Ibid at (c)

(#P276_44659) Ibid at (n)

(#P277_45101) Ibid at (o)

(#P278_45284) Ibid at (p)

(#P287_46685) [2012] FMCA 189

(#P289_46837) [2012] FCA 1144

(#P291_46925) BRG1008/2011

(#P293_47062) [2013] FCA 846

(#P327_52887) [2012] FMCA 189 at [6] - [12]

(#P330_53046) Ibid at [22]

(#P331_53207) Ibid

(#P332_53437) Ibid at [23]

(#P333_53658) Ibid

(#P406_59137) [2012] FCA 1144 at [15] - [23]

(#P409_59395) Ibid at [36]

(#P410_59671) Ibid at [37]

(#P411_59800) Ibid at [38]

(#P412_59943) Ibid at [39]

(#P413_60143) Ibid at [40]

(#P414_60401) Ibid at [41]

(#P415_60535) Ibid at [42]

(#P418_60946) Specific Submissions of the Director of the Fair Work Building Industry Inspectorate (RE2014/531)dated 14 April 2014 at [6]

(#P419_61333) Ibid at [7]

(#P424_62212) [2012] FCA 1273

(#P427_63092) [2012] FCA 1144 at [48]

(#P428_63318) Ibid at [49]

(#P431_63870) CFMEU correspondence to FWC dated 28 April 2014 at [14]

(#P434_65602) Ibid at [15]

(#P483_71296) Agreed Statement of Facts filed in BRG1008/2011 at [3] - [10]

(#P532_75603) [2013] FCA 846 at [25] - [29]

(#P535_75911) Ibid at [34]

(#P536_76178) Ibid

(#P537_76434) Ibid

(#P540_76814) Ibid at [35]

(#P549_78547) Applicant's Outline of Submissions in Reply dated 13 February 2015 at [17]

(#P550_78789) Transcript PN149 - PN152 (17 February 2015)

(#P553_80176) Applicants' submissions pursuant to the statement and directions of Deputy President Gostencnik dated 19 May 2015 dated 2 June 2015 at [8]-[9]

(#P556_81074) See Lend Lease at [37]

(#P557_81144) Ibid at [40]

(#P560_82426) Declaration by proposed permit holder (Timothy Jarvis) dated 17 January 2014 at j) and k)

(#P561_82697) Declaration of member of the committee of management (David Hanna) dated 17 January 2014 at b) and c)

(#P574_87231) Applicants' submissions pursuant to the statement and directions of Deputy President Gostencnik dated 19 May 2015 dated 2 June 2015 at [12]

(#P577_87827) Ibid at [13]

(#P580_88217) Ibid at [14]

(#P583_88616) Submissions of Director of the Fair Work Building Industry Inspectorate dated 16 June 2015 at [23]

(#P584_89030)

(#P585_89294)

(#P596_92808) Transcript PN 114 (17 February 2015)

(#P597_92917) Submissions of the Director of the Fair Work Building Industry Inspectorate dated 5 December 2014 at [12] - [21]; Transcript PN 272 - PN 293 (17 February 2015)

(#P600_93844) Exhibit 1 at [2]

(#P603_94043) Declaration by proposed permit holder (Andrew TeMoho) dated 3 March 2014 at (a) and Declaration by member of committee of management (Michael Ravbar) dated 3 March 2014 at (a)

(#P604_94786) See Declaration by proposed permit holder (Andrew TeMoho) dated 21 January 2014

(#P605_95033) TeMoho statement at [19]

(#P606_95115) Affidavit of Michelle Clare affirmed on 17 April 2015

(#P607_95327) Declaration by proposed permit holder (Andrew TeMoho)dated 3 March 2014

(#P608_95440) Affidavit of Michelle Clare affirmed on 17 April 2015 at [4]-[12]

(#P611_95610) Ibid at [2]-[3]

(#P612_95731) Ibid at [5] and [9]

(#P615_97193) TeMoho Statement at [15] - [16]

(#P616_97420) Ibid at [17] - [18]

(#P619_97888) Declaration by proposed permit holder (Andrew TeMoho) dated 21 January 2014 at (b) and Declaration by member of committee of management (Michael Ravbar) dated 21 January 2014 at (a)

(#P620_98256) Declaration by proposed permit holder (Andrew TeMoho) dated 3 March 2014 at (c) and Declaration by member of committee of management (Michael Ravbar) dated 3 March 2014 at (c)

(#P690_99887) Ibid at (e) where second appearing in each case

(#P691_100350) Ibid at (f) in each case

(#P692_100545) Ibid at (g) in each case

(#P699_101070) [2012] FMCA 189

(#P701_101110) [2013] FCA 846

(#P716_102005) [2012] FMCA 189 at [22]

(#P717_102177) Ibid

(#P718_102406) Ibid at [23]

(#P719_102641) Ibid

(#P732_103581) [2013] FCA 846 at [34]

(#P733_103858) Ibid

(#P734_104114) Ibid

(#P737_104485) Ibid at [35]

(#P750_106648) Statutory Declaration of Andrew TeMoho dated 26 February 2014 at [9]

(#P753_107055) Letter from CFMEU to the Commission dated 18 March 2014 at [27]

(#P754_107392) TeMoho statement at [6] - [9]

(#P757_108094) TeMoho statement at [11] - [14]

(#P760_108674) Statutory Declaration of Andrew TeMoho dated 26 February 2014 at [9]

(#P761_109053) Ibid at [11]

(#P764_109317) TeMoho statement

(#P767_109543) Ibid at [29]

(#P782_110702) Ibid at [19] - [22]

(#P795_111767) Statutory Declaration of Andrew TeMoho dated 26 February 2014 at [5], [9] and [11]

(#P800_112660) Submissions of the Director of the Fair Work Building Industry Inspectorate dated 5 December 2014 at at [56] - [57]

(#P813_116992) Transcript PN 40 (17 February 2015)

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