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[2011] FWA 8803
Fair Work Australia
2011-12-22
Original judgment source is linked above.
(#P29_1277) Fox v Wilderness Escape Outdoor Adventures Pty Ltd [2011] FWA 7476.
(#P32_1798) An order dismissing the application was recorded in transcript on 20 December 2011.
(#P82_7377) See Nilsen v Loyal Orange Trust IRCA Decision No: 267/97 and Attorney-General v Wentworth (1998) NSWLR 481 as cited by Asbury C in Holland v Nude Pty Ltd t/a Nude Delicate [2011] FWA 8012, 25 November 2011.
(#P85_7625) [ 2011] FWAFB 4014,27 June 2011 per Watson SDP, Drake SDP and Harrison C.
(#P108_11439) I have not found it necessary or appropriate in the circumstances of this case to have regard to the without prejudice positions apparently advanced during the confidential FWA conciliation process.
(#P111_12223) Paras [99] and [111] of the substantive decision discuss the basis of this finding and that it may earlier have been reasonable to accept some further employment with the respondent.
(#P116_13142) See comments at para [3] of the substantive decision.
(#P123_14372) Paras [14] to [16] of the substantive decision.
Printed by authority of the Commonwealth Government Printer
Fox
Wilderness Escape Outdoor Adventures Pty Ltd [2011] FWA 8803
(1978) 140 CLR 470
(1976) 26 FLR 257
(1992) 43 IR 257
(1992) 36 FCR 439
(1997) 76 IR 180