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[2013] FWC 3711
Fair Work Commission
2013-06-19
Commissioner Bissett
Original judgment source is linked above.
(#P71_4237) I note that there are circumstances where parties, in good faith, agree to participate in a conference even where some jurisdictional objection is raised and prior to this objection being resolved.
(#P74_4717) [2012] FWA 2853.
(#P75_4842) [2012] FWAFB 2104.
(#P80_5457) Note that while that matter was an application in relation to an alleged unlawful termination, the language of section is relevantly the same.
(#P87_7721) [2011] FWA 1566.
(#P100_10153) Exhibit DH1, attachment DH1.
(#P123_12558) Exhibit DH1, paragraph 5.
(#P124_12762) Exhibit DH1, paragraph 23.
(#P125_12898) Exhibit DH1, paragraph 24.
(#P126_13031) Exhibit DH1, paragraph 26.
(#P127_13146) Exhibit DH1, paragraph 28.
(#P128_13392) Exhibit DH1, paragraph 29.
(#P129_13551) Exhibit DH1, paragraph 36.
(#P130_13667) Exhibit DH1, paragraph 44.
(#P135_14154) Exhibit DH1, paragraph 32. See also exhibit TN1, attachment PM8.
(#P138_14568) Exhibit TN1, paragraph 5-6.
(#P141_14782) Exhibit TN1, attachment PM8.
(#P146_15079) Exhibit DH1, paragraph 25.
(#P147_15192) Exhibit DH1, paragraph 47.
(#P150_15533) Exhibit TN1, paragraph 10.
(#P155_15858) Transcript PN273.
(#P156_16035) Transcript PN315.
(#P157_16389) Transcript PN317. There does appear around this time to be some confusion as to whether either Mr Michael or the Applicant are referring to the application made by the Applicant to FWA to resolve a dispute or to correspondence between the FWO and each of them. At this point in time there was no determination of wages by FWA although there was by FWO. It was not until 19 October 2012 that the Applicant made her application to FWA to deal with a dispute.
(#P158_16915) Transcript PN365.
(#P159_17090) Transcript PN366.
(#P162_17294) Exhibit TN1, paragraph 13.
(#P163_17538) Exhibit TN1, paragraphs 13 and 15.
(#P164_18078) Exhibit TN1, attachment PM7.
(#P167_18704) Exhibit TN1, attachment PM10.
(#P174_19186) Exhibit TN1, attachment PM11.
(#P179_19577) Exhibit TN1, paragraph 7.
(#P180_20164) Exhibit TN1, paragraph 9 and attachment PM2.
(#P183_20709) Exhibit TN1, attachment PM6.
(#P200_21535) Exhibit TN1, attachment PM6.
(#P213_22331) (1995) 62 IR 200, 205.
(#P228_23699) (1995) 62 IR 200, 205-6.
(#P233_24631) (1996) 67 IR 154, 160-1.
(#P237_26390) AIRC, Print N6999, (9 December 1996).
(#P242_27532) AIRC, PR973462, [23] (11 August 2006).
(#P277_35051) Whilst the Applicant witness statement suggests that her manager corresponded with her in respect of timetabling matters after early September it is not evident that these constituted bullying as the Applicant gave not additional evidence on these matters.
Printed by authority of the Commonwealth Government Printer
Hewitt
Topero Nominees Pty Ltd [2013] FWC 3711
(1995) 62 IR 200
(1996) 67 IR 154