[2013] FWC 1394
General information, not legal advice.
Fair Work Commission
2013-03-14
Commissioner Hampton
Original judgment source is linked above.
(#P87_8804) The applicant had earlier discussed her application with the Working Women's Centre of SA.
(#P116_11739) See the discussion of decision of Besanko, J in Australian Postal Corporation v Gorman [2011] FCA 975.
(#P119_12039) I understand that the concept of "settled" may be used by conciliators in this context as an administrative entry to close the file for the purposes of the FWC case management system.
(#P179_16832) Exhibit R5.
(#P182_17262) This presumption was advised to the parties on 8 March 2013 and no contrary views were advanced.
(#P185_17449) The concept of State legislation of this nature applying in this context was discussed in Ilardo v Rail Corporation of New South Wales T/A Railcorp [2010] FWAFB 6473. As cited by the respondent I also dealt with related issues in Monir Mottaghi v Adelaide Community Healthcare Alliance Incorporated T/A The Memorial Hospital [2012] FWA 5362. In that case however, the nature of an application under the WR&C Act for compensation payments said to arise from a dismissal (as a basis for the operation of s.725) did not arise and neither case is authority for that proposition. In any event, I do not need to determine the issue in this case.
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Hansen Yuncken Pty Ltd & Leighton Contractors Pty Ltd [2013] FWC 1394