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[2016] FWCFB 965
Fair Work Commission (Full Bench)
2016-02-12
Original judgment source is linked above.
(#P31_1706) The Australian Hotels Association and Accommodation Association of Australia, have made applications forming part of this case, but have not joined in the tender request.
(#P34_2057) The request and terms of reference were issued by the then Treasurer, Hon Joe Hockey MP, on 19 December 2014.
(#P61_4390) The following modern awards in the hospitality and retail sectors are involved with this matter:
Award title
Award code
Hospitality group
Hospitality Industry (General) Award 2010
Registered and Licensed Clubs Award 2010
Restaurant Industry Award 2010
Retail group
Fast Food Industry Award 2010
General Retail Industry Award 2010
Hair and Beauty Industry Award 2010
Pharmacy Industry Award 2010
Details of the claims made are available on the Penalty rates page of the Commission's website.
(#P62_5232) See the Statement made by the Full Bench: [2016] FWCFB 285, 15 January 2015.
(#P95_6914) King v Freshmore (Vic) Pty Ltd, Print S4213, 17 March 2000; WA Meat Commission v Australiasian Branch, Matter No. 890 of 1993, 5 August 1993, WAIRC per Sharkey P, Coleman C and Gregor C; PDS Rural Products Ltd v Corthorn (1998) 19 IR 153 at 155.
(#P98_7305) [2016] FWCFB 285.
(#P99_7449) Ibid.
(#P104_8473) Submissions of the employer parties - 18 and 29 January 2016.
(#P113_10029) Submissions of the SDA and United Voice - 25 January 2016.
(#P116_10392) See, for example, Equal Remuneration Test Case Decision [2011] FWAFB 2700 at [225]; Re IEU [2014] FWC 7838 at [41], [42]; Re SDA [2014] FWCFB 1846 at [163]- [164]; Annual Wage Review 2012-2013 [2013] FWCFB 4000 at footnotes 111, 143, 144; Redundancy Test Case Decision [2004] AIRC 287; [2004] AIRC 287; (2004) 129 IR 155 at [223]- [224].
(#P117_10893) Borland Report (Exhibit UV 25); Professor Lewis Supplementary Report (Exhibit ABI 4 and Lewis Second Supplementary Report (Exhibit ABI 5).
(#P120_11956) See PC Final Report p 447, figure 12.5; p 473 last paragraph; p 475, first full paragraph; pp 490-491
(#P121_12122) See Reply Submission of Employer Parties dated 29 January 2016 at paragraph 2(c)
(#P124_12877) Citing s.135(a) of the Evidence Act 1995 (Cth)
(#P133_14520) Betfair Pty Ltd v Racing New South Wales [2012] HCA 12; (2012) 249 CLR 217 at [128]
(#P136_15084) Submissions of the SDA and United Voice - 25 January 2016, paragraphs 15-18
Printed by authority of the Commonwealth Government Printer
(2012) 249 CLR 217
(2004) 129 IR 155
(1998) 19 IR 153