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[2010] FWA 4821
Fair Work Australia
2010-07-30
Original judgment source is linked above.
(#P132_11319) THE APPLICATIONS WERE AMENDED AT THE REQUEST OF ALINTA BY LEAVE OF FAIR WORK AUSTRALIA ON 28 JUNE 2010 TO REFLECT DEVELOPMENTS SINCE THE ORIGINAL APPLICATIONS WERE FILED ON 7 MAY 2010.
(#P187_18126) Exhibit A1 comprised three folders of documents and was tendered without objection.
(#P212_22824) ASU written submission as adopted by the other respondent parties.
(#P215_23102) Exhibit A1.
(#P268_30853) Exhibit A1 - tab 50.
(#P288_33370) Exhibit A1 - tab 59.
(#P291_33699) Exhibit A1 - tab 60.
(#P368_40328) Schedule 3 - Section 2(5) and Schedule 13 - Section 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(#P373_40800) Exhibit A1 - tab 57.
(#P378_41908) Exhibit A1 - tab 59.
(#P379_42221) Exhibit A1 - tab 60.
(#P394_45077) Exhibit A1 - tab 62 and 64.
(#P491_50629) [2010] FWA 1320.
(#P496_51447) [2010] FWAFB 3510, 5 May 2010 per Giudice J, McCarthy DP and Larkin C.
(#P529_56043) Total Marine Services Pty Ltd v Maritime Union of Australia [2009] FWAFB 368, 9 October 2009 per Watson VP, Hamberger SDP and Roberts C; Stuartholme School and Others v Independent Education Union [2010] FWAFB 1714, 3 March 2010 per Giudice J, Hamberger SDP and Spencer C.
(#P532_56702) [2009] FWAFB 368, 9 October 2009 per Watson VP, Hamberger SDP and Roberts C.
(#P533_56854) [2009] FWAFB 688, 28 October 2009 per Watson SDP, Richards SDP and Smith C.
(#P566_58715) The Unions are bargaining representatives for the respective agreements because they have members that fall within the scope of the proposed agreements.
(#P599_64860) Fair Work (Registered Organisations) Act 2009 - s.27.
(#P600_65009) Fair Work (Registered Organisations) Act 2009 - s.141.
(#P605_66555) See generally the objects of the Fair Work (Registered Organisations) Act 2009.
(#P610_68039) As a consequence of meeting held with the SBU on 26 May 2010, Alinta proposed that all delegates that were nominated by the union in writing (as at the commencement of bargaining) as delegates could attend meetings.
(#P625_70272) APESMA was named as a respondent however it was confirmed in the evidence of Ms Jones that APESMA does not have relevant members at the Augusta Power Station.
(#P748_90834) Exhibit A1 - tab 40.
(#P771_94227) In the absence of a satisfactory explanation for evidence not being called when a fact is in issue, it is permissible to draw an inference that the evidence would not have assisted the only party who was in a position to call that evidence: Jones v Dunkel and Another [1959] HCA 8; (1959) 101 CLR 298.
(#P784_96664) As taken from Alinta's written submissions.
(#P811_99808) As taken from the ASU's outline of submissions as adopted by each of the respondent unions.
(#P860_105648) [2010] FWA 1320.
(#P901_110007) There are no relevant regulations touching upon this matter.
Printed by authority of the Commonwealth Government Printer
Flinders Operating Services Pty Ltd t/as Alinta Energy
Australian Municipal, Administrative, Clerical and Services Union and others [2010] FWA 4821
(1959) 101 CLR 298