[2016] FWC 2041
General information, not legal advice.
Fair Work Commission
2016-04-07
Original judgment source is linked above.
(#P24_838) [2012] FWAA 625.
(#P25_1017) Clause 2 of the Agreement.
(#P26_1278) Clause 1 of the Agreement, [2012] FWAA 65 at [5].
(#P31_1796) Exhibit 7 at [3] and attachments SC - 1 to SC - 5 thereto.
(#P32_2013) Exhibit 6 at [19], attachment AW-1; Exhibit 7, attachment SC-3.
(#P40_2734) Exhibit 6, attachment AW-1 at p 3.
(#P45_3115) ibid at p 4.
(#P49_3291) Ibid.
(#P59_4126) ibid at p 6.
(#P69_4916) ibid at p 9.
(#P78_5220) ibid at p 10.
(#P81_5348) Exhibit 7 at [3].
(#P84_5604) Ibid and attachment SC-4.
(#P86_5691) Ibid and attachment SC-5.
(#P95_6793) Email from CEPU (L Weber) to my chambers on 7 March 2016.
(#P96_6999) Exhibit 7 at [4] - [5] and attachment SC-6 thereto.
(#P97_7124) Exhibit 3 at [6] and attachment AH1 thereto; Exhibit 5 at [5] and attachment DH1 thereto.
(#P102_7934) Exhibit 2 at [4]; Exhibit 3 at [6]; Exhibit 4 at [5]-[6]; Exhibit 5 at [5]-[7]; Exhibit 8 at [10]-[11].
(#P103_8240) Exhibit 6 at [21]-[22].
(#P106_8938) Exhibit 7 at [6] -[7].
(#P107_9013) See Transcript PN166-PN181.
(#P108_9146) Reply submissions of the Applicant, 26 February 2016 at [12].
(#P111_9621) Exhibit 2, Attachment GV1.
(#P112_9833) Ibid.
(#P113_10210) Ibid.
(#P120_11092) Several copies of the notice are in evidence; see for example Exhibit 2, Attachment GV1.
(#P143_13382) Transcript PN 15-PN21.
(#P193_21230) See Exhibits 2 to 6.
(#P195_21500) And presumably also clause 25.4 and Appendix A of Part B.
(#P222_27172) [2014] FWCFB 7447.
(#P234_28577) See further Macquarie Concise Dictionary, Fifth Edition.
(#P251_33195) The same provisions are to be found at clause 24.5(c)(iv) and (d)(i).
(#P253_33658) Transcript PN 428-PN431.
(#P254_33766) Ibid.
(#P275_38079) Exhibit 1 at [4], [7]-[8].
(#P286_40693) [1986] HCA 14; (1986) 160 CLR 226.
(#P301_46443) Ibid at 236-237.
(#P304_47214) See for example clause 7.2 of the January 1999 policy, Exhibit 7 attachment SC1.
(#P307_47696) Exhibit 8 at [4], [10]-[11], attachment PS-2; Exhibit 3 at [9]; Exhibit 5 at [8].
(#P308_48027) Exhibit 7 at [6]-[7].
(#P309_48565) Exhibit 7 at attachment sc-6; Exhibit 3, attachment AH1 and Exhibit 5, Attachment DH1.
(#P310_49011) See email from my Chambers to the Parties dated 3 March 2016.
(#P313_49098) See email from Solicitors for Siemens to my Chambers dated 9 March 2016.
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Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Siemens Ltd Australia [2016] FWC 2041
(1905) 2 CLR 470
(1918) 25 CLR 144
(1973) 129 CLR 48
(1925) 36 CLR 1
(1922) 31 CLR 46
(1919) 26 CLR 410
(1919) 27 CLR 133
(1972) 2 NSWLR 236
(1986) 160 CLR 226