Construction, Forestry, Mining and Energy Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Another v Spotless Facility Services Pty Lt [2015] FWCFB 1162

(#P94_8365) Amcor v CFMEU [2005] HCA 10; (2005) 222 CLR 241 at 273 [103] per Kirby J.

(#P95_8730) Amcor at 261-262

(#P146_15739) Section 55(1) of the FW Act.

(#P147_15931) Section 55(4) of the FW Act.

(#P241_25718) Witness Statement of John Daniel Douglas, Exhibit Spotless 1 at paragraphs 23-24

(#P384_43711) (1984) 8 IR 34

(#P385_44072) (1984) 9 IR 115

(#P394_45589) The approach in Amcor was also adopted by the Full Bench in Svitzer Australia Pty Ltd v Maritime Union of Australia, The Northern New South Wales Branch [2011] FWAFB 7947. In that case the Full Bench concluded at [70] that the relevant redundancy clause must be read in the context of the Act.

(#P397_47240) See [2005] HCA 10; (2005) 222 CLR 241at [56] - [57] per Gummow, Hayne and Heydon JJ and at [111] - [113] per Kirby J.

(#P400_47453) Amcor Limited v CFMEU [2005] HCA 10; (2005) 222 CLR 241.

(#P403_49368) See Outline of Submission in Reply for the AMWU and CEPU at [5] and schedule A

(#P412_50284) In the Award Simplification Decision - Nationwide/AWU and LHMU Australian Defence Forces Services Consent Award 1992 (PR904940, Senior Deputy President Cartwright) the Commission varied the award to replace the words "arising from the loss or termination of a contract held by the employer" with the test case standard, "due to the ordinary and customary turnover of labour" and observed at [27] that "it may be that Spotless can demonstrate that, in the context of its business, dismissals arising from the loss of a contract are, in fact, dismissals due to the ordinary and customary turnover of labour."

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