[2014] FWC 744
General information, not legal advice.
Fair Work Commission
2014-01-30
Commissioner Hampton, Deputy President Bartel, President Bartel
Original judgment source is linked above.
(#P31_806) U2013/10899
(#P32_1137) U2013/11982
(#P35_1914) Statement and Directions dated 18 October 2013
(#P82_5440) Exhibit R1
(#P87_6599) This letter was provided to the Commission as an attachment to the applicant's affidavit in the proceedings on Qantas' first objection.
(#P90_6825) Exhibit R1 Annexure 1
(#P93_7501) Pursuant to s.63 of the WRCA, certain powers of the Corporation can be delegated to a self insured employer, including the powers and discretions under s.28A of the WRCA.
(#P96_7958) Exhibit R1 Annexure 2
(#P99_8078) Exhibit R1 Annexure 4
(#P108_8970) Exhibit R1 Annexure 3; Action number 2276/2013. There applicant had in fact filed an earlier Notice of Dispute in the WCT regarding the same subject matter, but it is not relevant for the purposes of this decision.
(#P125_11270) Exhibit R1 Annexure 5
(#P128_11495) Lawless v Qantas Airways Limited and Anor, [2013] SAWCT 40
(#P129_11664) Applicant's Supplementary Submissions, filed 16 December 2013; Respondent's submissions regarding the SAWCT decision, filed 17 December 2013
(#P162_15620) In the Notice of Dispute at least.
(#P181_19483) Explanatory Memorandum to the Fair Work Bill 2008 at paras 2695 - 2711
(#P186_20456) [2013] FWC 1394
(#P195_22258) [2011] FCA 1218
(#P196_22710) Ibid, at para 3
(#P205_24172) Ibid, at para 13
(#P208_24810) The s.394 application was withdrawn by Ms McCulloch on the second day of the hearing, ibid at para 11.
(#P211_25099) Cook v ACI Operations Pty Ltd, [2011] FWA 3715 at [15]
(#P224_26426) [2012] FMCA 5
(#P236_27607) Tooheys Limited & Ors v Commissioner of Stamp Duties (NSW) [1961] HCA 35; (1961) 105 CLR 602 at 614, 620-621
(#P241_28722) Birch at paras 72 - 75
(#P244_28990) Ibid at para 81
(#P251_31247) At para 89 of the SAWCT decision, His Honour finds that on 2 May 2013 the applicant "... well knew the objective of the proposed Plan had changed to relieve Qantas of any continuing obligation to provide him with suitable employment, with the result that his employment with Qantas would end. He was very unhappy, upset and disappointed".
(#P254_31918) SAWCT decision at para 56
(#P257_32761) SAWCT decision at para 71
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(1961) 105 CLR 602