Harrington v Coates Hire Operations Pty Limited [2015] FWC 2598

(#P98_10886) JSEA refers to job safety and environment analysis. The Respondent noted that these documents were not formally proved. Witnesses did not challenge their veracity under cross-examination and appeared to accept the documents

(#P103_11528) detailed in annexure MNS-2 to the Statement of Mr Sandon

(#P104_12061) Transcript dated 23 March 2015 at PN79.

(#P107_12201) see also Transcript dated 23 March 2015 at PN332 and following.

(#P108_12303) in evidence exhibited to Ms Lazer's statement as CL-1 including Mr Harrington's annotation Mr Harrington, apparently made contemporaneously, noting among other things that he had "plenty of room to lift and place toilet"

(#P109_12753) Transcript dated 23 March 2015 at PN33; PN366; PN371; PN373; PN385; PN387; PN480; PN595; PN657-PN670; PN676 and following; PN771 and following.

(#P112_13367) Attachments B and C to Statement of Mr Harrington.

(#P117_13879) Transcript dated 23 March 2015 at PN104; PN115 and following; PN562-PN566; PN571-PN576; PN607.

(#P118_14116) Transcript dated 23 March 2015 at PN122 and following.

(#P121_14393) Mr Meyer did not give evidence.

(#P122_14465) Transcript dated 23 March 2015 at PN131.

(#P123_14694) Statement of Mr Harrington at paragraph 10 and Attachment A; Transcript dated 23 March 2015 at PN131.

(#P124_14947) Attachment A.

(#P127_15100) Transcript dated 23 March 2015 at PN478-PN479.

(#P128_15333) Transcript dated 23 March 2015 at PN464-PN469; PN506-PN507; PN519-PN520; PN537; PN640.

(#P129_15638) Transcript dated 23 March 2015 at PN782 and following.

(#P130_15889) Transcript dated 23 March 2015 at PN1728.

(#P137_16408) apparently no longer working for Coates: Transcript dated 23 March 2015 at PN1083.

(#P140_16707) Mr Christodoulou pointed out apparent discrepancies between her evidence and telephone records (PN1085; PN 1485 and following) and invited the Commission to draw an adverse inference from her not being produced. I only conclude that her evidence would not have added to the Respondent's case: Jones v Dunkel (1959) 101 CLR 298; Xiu Zhen Huang v Rheem Australia Pty Ltd - PR954993 and REX Airlines v Richards [2010] FWAFB 8753. I commented during the hearing as to the impact on the weight attached to Ms Lazer's evidence: Transcript dated 23 March 2015 at PN1528.

(#P143_17414) Attachment MNS-1 to Statement of Mr Sandon.

(#P144_17550) Attachment MNS-2.

(#P147_18048) Further submissions of the Respondent at paragraph 14.

(#P148_18252) Further submissions of the Respondent at paragraph 16.

(#P151_18770) Statement of Mr Sandon, at paragraph 12.

(#P156_19186) Statement of Mr Sandon, at paragraph 23.

(#P159_19704) Transcript dated 23 March 2015 at PN1282.

(#P162_19957) Transcript dated 23 March 2015 at PN1304 and following.

(#P165_20204) Transcript dated 23 March 2015 at PN1324, PN1337

(#P166_20296) Transcript dated 23 March 2015 at PN1325.

(#P171_20809) Transcript dated 23 March 2015 at PN1448.

(#P174_20996) Transcript dated 23 March 2015 at PN1457-PN1458.

(#P177_21190) Attachment A to Mr Harrington's statement.

(#P178_21342) Attachment M to Mr Harrington's statement.

(#P181_21542) Transcript dated 23 March 2015 at PN1408.

(#P184_21657) Attachment JTC-1 to Statement of Mr Cotter.

(#P187_22377) Mr Miller made a similar point about Mr Cotter's role in final oral submissions: Transcript dated 26 March 2015 at PN1674.

(#P190_22879) Statement of Mr Hennrie at paragraphs 4-6 and Attachment TDH-1.

(#P191_23494) Transcript dated 23 March 2015 at PN993

(#P192_23628) Transcript dated 23 March 2015 at PN1006, PN1072.

(#P195_23897) Transcript dated 26 March 2015 at PN1643-PN1648.

(#P200_24358) Further Submissions of the Respondent at paragraph 30.

(#P203_24609) Transcript dated 26 March 2015 at PN1680.

(#P204_24744) Further Final Submissions of the Respondent at paragraph 27.

(#P213_25476) [1938] HCA 34; (1938) 60 CLR 336.

(#P214_25618) see H.J. Heinz Company Australia Ltd v Green and another [2014] FWCFB 6031; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 110 ALR 449 at 339-450; Budd v Dampier Salt Limited [2007] AIRCFB 797

(#P225_26566) see also oral evidence of Mr Sandon, Transcript dated 23 March 2015 at PN1287.

(#P230_27275) Mr Harrington in his response to the show cause letter identifies them as McConnell Dowell workers.

(#P251_29481) Miller v University of New South Wales [2003] FCAFC 180; (2003) 132 FCR 147 at paragraph 13; Walton v Mermaid Dry Cleaners Pty Ltd (1996) 142 ALR 681, 685.

(#P252_29746) Selvachandran v Peteron Plastics Pty Ltd (1995) 62 IR 371, 373 ; [1995] IRCA 333.

(#P255_29899) Michael King v Freshmore (Vic) Pty Ltd - 2 Print S4213

(#P265_31508) Edwards v Justice Guidice [1999] FCA 1836; Michael King v Freshmore (Vic) Pty Ltd M Print S4213.

(#P328_39627) as to which see submissions of Mr Christodoulou in Transcript dated 26 March 2015 at PN1708 and following.

(#P341_41255) [2011] FWAFB 3038

(#P342_41401) Black v The Commonwealth of Australia (Department of Defence) [2011] FWA 293.

(#P345_41700) [2011] FWA 1475 at paragraphs 94 to 96 and 123.

(#P356_43526) IGA Distribution (Vic) Pty Ltd v Nguyen [2011] FWAFB 4070.

(#P359_43776) [2007] AIRC 969 at paragraph 102.

(#P366_45205) Ibid at paragraph 96.

(#P375_46325) I make no finding as to whether the safety incident prompted the later additional requirements as invited to by Mr Christodoulou: it is not necessary to do so for this matter.

(#P378_46620) Transcript dated 26 March 2015 at PN1555-PN1556.

(#P392_47832) Crozier v Palazzo Corporation Pty Ltd (2000) 98 IR 137, 151 at paragraphs 70-73.

(#P393_47934) Previsic v Australian Quarantine Inspection Services Print Q3730.

(#P394_48032) see Previsic.

(#P409_49122) Explanatory Memorandum, Fair Work Bill 2008 (Cth) at paragraph 1542;

(#P414_49546) eg Transcript dated 23 March 2015 at PN469; PN713.

(#P415_49785) Transcript dated 23 March 2015 at PN1012.

(#P438_52896) Transcript dated 26 March 2015 at PN1584-PN1585

(#P455_54455) Transcript dated 26 March 2015 at PN1703 per Mr Miller for Coates and PN1738 per Mr Christodoulou for Mr Harrington and Final Submissions for the Applicant dated 26 March 2015 at paragraphs 69-73.

(#P458_54892) s.390(3)(a)

(#P461_54960) eg he had found other satisfactory employment.

(#P468_55715) Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186; cited in Nguyen v IGA Distribution (Vic) Pty Ltd [2011] FWA 3354 ; Australia Meat Holdings Pty Ltd v McLauchlan (1998) 84 IR 1, 18

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