Bradshaw v BHP Coal Pty Ltd [2014] FWC 2481

(#P49_1947) The CFMEU on behalf of the Applicant filed written submissions on 31 January 2014. The Respondent appeared by telephone at the directions hearing on 3 February 2014.

(#P63_2674) Witness Statement Exhibit "A1" and Additional Witness Statement Exhibit "A2".

(#P67_2826) Witness Statement Exhibit "A4".

(#P71_2927) Witness Statement Exhibit "A5".

(#P80_3120) Witness Statement Exhibit "A6".

(#P84_3227) Witness Statement Exhibit "A7".

(#P93_3448) Witness Statement Exhibit "R1".

(#P97_3566) Witness Statement Exhibit "R2".

(#P101_3658) Witness Statement Exhibit "R3".

(#P105_3783) Witness Statement Exhibit "R4".

(#P109_3909) An outline of the evidence to be given by Ms Harris was filed and served on 11 February 2014.

(#P118_4221) Exhibit "A9" [4(a)], Exhibit "A1" [1].

(#P120_4346) Exhibit "A9" [4(a)], Exhibit "A1" [1].

(#P122_4486) Exhibit "A9" [4(b)], Exhibit "A1" [4].

(#P123_4665) Exhibit "A1" [5].

(#P125_4831) Attachment "JS1" to Exhibit "R3.

(#P129_4988) Exhibit "A9" [4(c)], Exhibit "A1" [7].

(#P130_5083) PN 1661, Exhibit "A1" [27].

(#P132_5253) Exhibit "A9" [4(c)], Exhibit "A1" [7], Exhibit "A3" (Statutory Declaration by Maria Harris) [2].

(#P134_5473) Exhibit "A9" [4(c)], Exhibit "A3" (Statutory Declaration by Maria Harris) [1]. PN1619.

(#P136_5617) PN1655.

(#P138_5705) Exhibit "A9" [4(d)], Exhibit "A1" [12].

(#P139_5871) Attachment "TMF4" to Exhibit "R1", PN161-162 & PN237.

(#P141_6176) Exhibit "A1", [16], PN233 - 236.

(#P143_6275) Exhibit "A9" [4(e)].

(#P147_6381) Exhibit "A9" [4(g)], Exhibit "A1" [21].

(#P148_6537) Exhibit "R4" [14] & [17]. PN1650-1652. The Applicant denies there were personal safety issues.

(#P149_6721) Exhibit "R4" [12]. Attachment "GHW1" to Exhibit "R4".

(#P151_6930) Exhibit "R4" [20].

(#P154_7174) Exhibit "R4" [27].

(#P156_7341) Exhibit "A1" [25].

(#P157_7523) PN319 (although the Applicant says the discussion was about the BMA SPV).

(#P159_7859) Exhibit "R1" [18] - [26], PN241-244.

(#P160_8032) PN272.

(#P161_8090) PN275.

(#P162_8180) PN367.

(#P164_8542) Exhibit "R1" [27].

(#P165_8632) Exhibit "R1" [30]

(#P167_8877) PN336-338. PN1653-1655.

(#P173_9293) PN324.

(#P177_9638) Exhibit "A9" [4(i)], Exhibit "A1" [31], Exhibit "R1" [49] (Ms Fox says this occurred on 3 April 2013).

(#P179_9833) PN513-555.

(#P180_9982) Exhibit "A9" [4(j)], Exhibit "R1" [49]. The fact of that agreement, the characterisation of the agreement, the capacity of Ms Harris to enter into any such agreement, the terms of that agreement and the duration of the agreement were contested matters before the Commission.

(#P182_10451) Exhibit "R4" [34] - [35].

(#P184_10781) Exhibit "R1" [52].

(#P185_10911) Exhibit "R1" [56] - [57].

(#P187_11018) Exhibit "A9" [4(k)], Exhibit "A1" [33], Exhibit "R1" [61].

(#P188_11262) Attachment "CB1" to Exhibit "A1".

(#P189_11465) PN1106.

(#P191_11551) Exhibit "R1" [61]

(#P193_11794) Exhibit "R1" [62] - [64].

(#P195_11941) Exhibit "R1" [66]

(#P197_12222) Exhibit "A9" [4(l)], Exhibit "A1" [34]-[37], Exhibit "R1" [69] - [76]

(#P198_12516) PN449-450 & PN476.

(#P200_12769) Exhibit "A9" [4(m)], Exhibit "A1" [39]-[42].

(#P202_13049) PN1126.

(#P204_13265) Exhibit "A9" [4(o)].

(#P212_13984) Attachment "CB2" to Exhibit "A1".

(#P215_14233) Exhibit "A9" [4(t)] , Exhibit "A1" [50].

(#P217_14517) Exhibit "A9" [4(v)].

(#P219_14739) Attachment "TMF11" to Exhibit "R1".

(#P221_14855) Attachment "TMF12" to Exhibit "R1".

(#P223_15047) Exhibit "R2" [26].

(#P224_15167) Exhibit "R2" [27].

(#P225_15332) Exhibit "R2" [229].

(#P227_15550) Exhibit "A3" (Statutory Declaration by Maria Harris) [8].

(#P228_15700) PN470.

(#P229_15846) PN788.

(#P231_16125) Attachment "CB3" to Exhibit "A1".

(#P232_16327) PN 1106.

(#P234_16502) Attachment "TMF13" to Exhibit "R1".

(#P236_16812) Exhibit "R1" [89].

(#P238_16917) Exhibit "A1", [56], Exhibit "A1" [59].

(#P239_16992) PN1658-1659.

(#P241_17092) Exhibit "A9" [4(w)].

(#P242_17471) Attachment "CB4" to Exhibit "A1".

(#P243_17747) PN1966

(#P245_17825) Exhibit "A9" [4(u)] , Exhibit "A1" [60].

(#P247_17965) PN1674-1675

(#P249_18096) Exhibit "A9" [4(y)].

(#P250_18187) Exhibit "R1" [91].

(#P251_18254) Exhibit "R1" [91] - [94].

(#P252_18398) PN1264.

(#P254_18464) Exhibit "R1" [98].

(#P256_18715) Exhibit "A1" [63].

(#P258_18800) Exhibit "R1" [99].

(#P260_18998) Exhibit "A9" [4(z)], Exhibit "A1" [64].

(#P262_19125) Exhibit "A9" [4(aa)].

(#P264_19251) Attachment "CB5" to Exhibit "A1".

(#P266_19495) Exhibit "R2" [37] - [40].

(#P268_19767) Exhibit "A9" [4(cc)], Exhibit "A1" [71], Exhibit "A5" [6], Exhibit "R2" [43] - [45], Exhibit "R3" [26] - [27].

(#P269_20012) Exhibit "R3" [31]

(#P270_20074) Exhibit "A9" [4(dd)-(ee)], Exhibit "A1" [73]-[77], Exhibit "A5" [10], Exhibit "R2" [52], Exhibit "R3" [32].

(#P272_20395) Exhibit "A5" [14] & [15].

(#P273_20594) Exhibit "A5" [15] - [17], PN1507.

(#P274_20789) Exhibit "R2" [53].

(#P275_20881) Exhibit "A5" [18], Exhibit "A4" [5] - [6].

(#P277_21111) Exhibit "A4" [9], Exhibit "R3" [36].

(#P278_21409) Exhibit "A4" [12], Exhibit "R3" [61] - [62].

(#P279_21524) Exhibit "A4" [13].

(#P281_21686) Exhibit "R2" [59].

(#P283_21835) Exhibit "R3" [38] - [40].

(#P285_21944) Exhibit "A9" [4(ff)], Attachment "CB5" to Exhibit "A1".

(#P287_22512) Exhibit "A9" [4(gg)], Exhibit "A1" [79]-[80], Exhibit "R2" [63] - [64].

(#P300_23601) Attachment "CB6" to Exhibit "A1".

(#P303_23770) Exhibit "R2" [72].

(#P304_23868) Exhibit "R2" [80].

(#P306_23998) Exhibit "A9" [4(hh)].

(#P307_24123) Exhibit "R2" [81].

(#P308_24223) Exhibit "R2" [82].

(#P309_24319) Exhibit "R2" [83].

(#P311_24403) Exhibit "A9" [4(hh)].

(#P313_24641) Exhibit "R3" [45] - [46].

(#P315_24773) Exhibit "A9" [4(ii)], Attachment "CB7" to Exhibit "A1", Exhibit "R3" [47].

(#P316_24987) PN453-455.

(#P318_25078) Exhibit "A9" [4(jj)], Attachment "CB8" to Exhibit "A1".

(#P327_26611) Exhibit "A1" [89].

(#P329_26702) Exhibit "R3" [50].

(#P330_26965) Exhibit "R3" [51].

(#P332_27053) Exhibit "A9" [4(jj)], Exhibit "A1" [90], Attachment "CB9" to Exhibit "A1".

(#P431_33394) Sayer v Melsteel [2011] FWAFB 7498.

(#P435_33674) Exhibit "A8" [11].

(#P438_33885) Exhibit "A8" [15] - [22].

(#P440_34100) Exhibit "A8" [23] - [32].

(#P442_34268) Exhibit "A8" [33] - [39],

(#P444_34403) Exhibit "A8" [40] - [45].

(#P446_34685) Exhibit "A8" [82] - [88].

(#P450_34882) Exhibit "R5" [51] - [55].

(#P452_34962) Exhibit "R5" [40] - [50].

(#P454_35180) Exhibit "R5" [56] - [60].

(#P461_35840) Exhibit "A8" [49].

(#P462_35968) Exhibit "A8" [48].

(#P465_36188) Exhibit "R5" [53].

(#P466_36443) Exhibit "R5" [54].

(#P469_36728) 1444/98 N Print Q9292 [1988] AIRC 1592.

(#P490_39767) Attachment "JS-2" to Exhibit "R3", p. 7 and 9.

(#P492_40184) Attachment "JS-2" to Exhibit "R3", p. 40.

(#P494_40315) Attachment "JS-2" to Exhibit "R3", p. 41.

(#P496_40435) Attachment "JS-2" to Exhibit "R3", p. 42.

(#P498_40579) Attachment "JS-2" to Exhibit "R3", p. 43.

(#P500_40720) Attachment "JS-2" to Exhibit "R3", p. 43.

(#P502_40857) Attachment "JS-2" to Exhibit "R3", p. 56.

(#P504_40971) Attachment "JS-2" to Exhibit "R3", p. 56.

(#P506_41143) Attachment "JS-2" to Exhibit "R3", p. 57.

(#P509_41287) Attachment "JS-2" to Exhibit "R3", p. 13.

(#P519_42199) Exhibit "A8", [17].

(#P539_45233) Annetta v Ansett Australia Ltd (2000) 98 IR 233

(#P542_45553) Shepherd v Felt & Textiles of Australia Ltd [1931] HCA 21; (1931) 45 CLR 359 at 373, 377-378.

(#P543_45697) Selvachandran v Peterson Plastics Pty Ltd (1995) 62 IR 371, 373.

(#P544_45834) Ibid.

(#P547_45922) Exhibit "A9" [4(jj)], Exhibit "A1" [90], Attachment "CB9" to Exhibit "A1".

(#P564_47759) PN396.

(#P567_47882) PN397.

(#P571_48393) Exhibit "A8", [19].

(#P574_48784) Exhibit "R1", [49], PN 411.

(#P575_49020) PN607-610.

(#P581_49765) PN1629.

(#P583_49940) PN1629.

(#P585_50048) PN1631.

(#P587_50167) PN1632-1634 and PN1690-1693.

(#P589_50331) PN1637.

(#P591_50584) PN1638.

(#P593_50788) PN1653-1655.

(#P595_50936) PN1699.

(#P598_51301) PN1589.

(#P613_53612) [1938] HCA 44; (1938) 60 CLR 601.

(#P622_55474) PN734-737.

(#P631_56013) Exhibit "A9" [76].

(#P638_56288) Exhibit "A9" [77].

(#P645_56628) Exhibit "A9" [78].

(#P652_57064) Exhibit "A1" [5], PN 1404.

(#P677_58813) Exhibit "A1" [96].

(#P679_58942) Exhibit "A1" [95].

(#P681_59056) Exhibit "A1" [98].

(#P683_59191) Exhibit "A1" [94].

(#P701_61594) Attachment "CB9" to Exhibit "A1".

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