[2015] FWCFB 8810
General information, not legal advice.
Fair Work Commission (Full Bench)
2015-12-24
Ross J
Original judgment source is linked above.
(#P40_1004) [2014] FWCFB 916
(#P43_1438) [2015] FWC 618
(#P46_2073) [2015] FWC 2985
(#P55_3364) [2014] FWCFB 1788.
(#P72_4336) Ibid
(#P103_8123) National Retail Association v Fair Work Commission [2014] FCAFC 118 at [110]
(#P155_11905) Joint Exhibit 1
(#P158_12019) Rams are male sheep that are more than six months old and ram stags are rams that have been castrated when they are 18 months or older: clause 3 - Definitions and interpretation, Pastoral Award 2010.
(#P165_12743) Pastoral Industry Award 1986, Print J9497, 26 September 1991 at page 1
(#P207_14589) Transcript at paragraph 85
(#P216_15174) Leslie Hanlon, Exhibit AWU 1; Victor McCalman, Exhibit AWU 2; Terry O'Connor, Exhibit AWU 3; and Danny O'Hare, Exhibit AWU 4.
(#P221_15886) Australian Workers' Union v The Pastoralists' Federal Council of Australia and others (1905-1907) 1 CAR 62 at 69-70 and 103
(#P228_18267) The Australian Workers Union v The Pastoralists Federal Council and others (1911) 5 CAR 48 at 88-90
(#P242_19691) Grazier's Association of New South Wales and others v Australian Workers Union (1936) 36 CAR 295 at 296
(#P245_20163) Pastoral Industry - Award-Wages and working conditions (1965) 110 CAR 422 at 443, clause 14(a)(viii)
(#P248_20324) Print G6783
(#P251_20731) eg Graziers Association of New South Wales and others v Australian Workers Union (1937) 37 CAR 449; NSW Farmers' (Industrial) Association and others v Australian Workers Union, Print J9497, 26 September 1991 per Peterson J, MacBean DP and Grimshaw C.
(#P254_21244) Pint N2255, 24 June 1996 per Oldmeadow C
(#P255_21424) Print M5600
(#P268_22184) See Print N2254, 4 June 1996 per Oldmeadow C
(#P271_22361) Re Pastoral Industry Award 1986 Q3186 (30 June 1998) per Merriman C
(#P272_23041) Award Modernisation Statement [2009] AIRCFB 50 at [24]
(#P273_23201) Award Modernisation Decision [2009] AIRCFB 345 at [54] to [59]
(#P276_23528) Exhibit AWU 1 at paragraph 5
(#P277_23569) Exhibit AWU 2 at paragraphs 7-8
(#P278_23617) Exhibit AWU3 at paragraphs 8-9
(#P279_23665) Exhibit AWU4 at paragraphs 14-15
(#P344_31190) (1972) 147 CAR 172 at 179-180; cited with approval in the Equal Remuneration decision 2015 [2015] FWCFB 8200 at [280]
(#P345_31427) Print Q1002, 19 May 1998
(#P350_32103) Joint Exhibit 1 at paragraph 11
(#P353_32377) O'Hare statement Exhibit AWU 4 at paragraphs 6 and 7
(#P356_32539) Hanlon statement Exhibit AWU 1 at paragraph 7; McCalman statement Exhibit AWU 2 at paragraph 10; and O'Hare statement Exhibit AWU 4 at paragraph 11
(#P359_32847) O'Hare statement Exhibit AWU 4 at paragraphs 8-12
(#P368_34809) Annual Wage Review 2014-15 decision [2015] FWCFB 3500 at paragraph [316]
(#P371_35260) The 2011 Census was identified as the only known source that could provide income data for shearers at the required 4-digit level
(#P372_35623) Australian Bureau of Statistics, Census of Population and Housing, 2011. Employees whose total personal income was not stated, or was negative, were excluded
(#P373_35879) Australian Bureau of Statistics, Census of Population and Housing, 2011
(#P376_36038) ABS, _employee Earnings, Benefits and Trade Union membership, Australi_a, 2011, Catalogue No. 6310
(#P377_36401) Ibid
(#P386_38385) The Australian Workers Union v The Pastoralists Federal Council and others (1911) 5 CAR 48 at 74-75
(#P413_41038) [2015] FWCFB 3500
(#P416_41623) Ibid at [89]
(#P497_46042) ie the AWU, NFF and the Shearing Contractors
(#P498_46428) Transcript at paragraph 19
(#P528_50267) (1917) 11 CAR 409
(#P532_50680) Ibid at 409
(#P566_52858) Pastoral Industry-Award-Wages and working conditions (1965) 110 CAR 422 at 446
(#P575_53570) The Australian Workers' Union v The Graziers' Association of New South Wales and others (1967) 121 CAR 454 at 464
(#P618_57325) Transcript at paragraph 92
(#P675_61027) Rayner V. Tan N and Ward N. (2010) 'Trends in Farm Sector Outputs and Exports', RBA Bulletin December Quarter 2010 at p.8
(#P680_61411) Exhibit NFF 1
(#P681_61532) Ibid at paragraph 9
(#P684_61972) RIRDC (2015) 'New and emerging plant industries three year RD & E plan: January 2015 to June 2018, publication No. PRJ-009205; Attachment E to Exhibit NFF 1
(#P687_62383) Ibid at p.40
(#P693_62741) Ibid at p.39
(#P700_63632) Victorian Parliamentary Library and Information Services (2014) Research Brief No. 3: Drugs, Poisons and Controlled Substances (Poppy Cultivation and Processing)Amendment Bill 2013; Attachment D to Exhibit NFF 1
(#P701_63939) Exhibit NFF 1 at paragraph 7
(#P726_66795) Transcript at paragraphs 100-122
(#P773_70194) Exhibit NFF 2
(#P813_74710) Re Application by the National Retail Association to vary the General Retail Industry Award 2010 [2010] AIRCFB 1958 at [6]
(#P818_77036) [2008] AIRCFB 1000 at [69]-[70]
(#P821_77151) Banking, Finance and Insurance Award 2010; Broadcasting and Recorded Entertainment Award 2010; Clerks - Private Sector Award 2010; Contract Call Centres Award 2010; Hospitality Industry (General) Award 2010; Hydrocarbons Industry (Upstream) Award 2010; Legal Services Award 2010; Local Government Industry Award 2010; Manufacturing and Associated Industries and Occupations Award 2010; Marine Towage Award 2010; Mining Industry Award 2010; Oil Refining and Manufacturing Award 2010; Pharmacy Industry Award 2010; Rail Industry Award 2010; Restaurant Industry Award 2010; Salt Industry Award 2010; Telecommunications Services Award 2010; Water Industry Award 2010; Wool Storage, Sampling and Testing Award 2010
(#P822_78199) [2009] AIRCFB 945
(#P823_78262) [2010] FWAFB 1958
(#P834_80045) [2008] AIRCFB 1000 at paragraphs [256]-[258]
(#P861_82791) [2009] AIRCFB 922.
(#P870_84367) Ibid at [21].
(#P892_86935) [2009] AIRCFB 923
(#P893_86994) [2009] AIRCFB 958
(#P896_87298) [2010] FWAFB 969.
(#P903_88653) MA000072.
(#P904_89281) [2010] FWAFB 1805.
(#P911_90008) Re Contract Call Centres Award 2010 [2012] FWA 9025; Motor Traders' Association of New South Wales and others [2012] FWA 9731
(#P925_93366) [2012] FWA 9731 at [15], [67]-[75]
(#P962_103890) [2012] FWA 9025 at [21]-[46]
(#P967_104629) Fair Work Act 2009 (Cth) s.139(1)(b)
(#P970_105383) Re Clerks - Private Sector Award 2010 [2010] FWAFB 969
(#P972_105606) [2014] FWCFB 5195
(#P973_105882) Ibid at [22]
(#P976_106211) Ibid at [26]
(#P981_107221) ASU 1 paragraph 7.
(#P982_107864) [2014] FWCFB 5195 at [27]
(#P999_111900) Ibid at [30]-[36]
(#P1047_116976) PR915956
(#P1147_123913) Transcript at paragraphs 141-143
(#P1163_125271) NFF written submission 6 August 2015 at paragraph 78
(#P1190_127344) See PR545345
(#P1254_130616) Re Pastoral Industry Award 1986 Q3186 (30 June 1998) per Merriman C
(#P1274_132552)
Printed by authority of the Commonwealth Government Printer
Judgment - Pastoral Industry (20 August 1948), 31.
(#P1279_133144) Re Pastoral Industry Award 1986 Q3186 (30 June 1998) per Merriman C