Fair Work Commission|2019-06-13

The Application is dismissed. Orders to that effect were issued on 24 May 2019.[12]

[1] Fair Work Act 2009 (Cth), s.366(1) and (2).
[2] See s.36 Acts Interpretation Act 1901 (Cth) as in force on 25 June 2009; see s.40A of the Fair Work Act 2009 (Cth); Cahill v Bstore Pty Ltd T/A Bstore for Birkenstock [2015] FWCFB 103; Stedman v Transdev NSW Pty Ltd T/A Transdev Buses [2015] FWCFB 1877; Hemi v BMD Constructions Pty Ltd [2013] FWC 3593.
[3] Lombardo v Commonwealth of Australia as represented by the Department of Education, Employment and Workplace Relations [2014] FWCFB 2288 at [21].
[4] Halls v AR & MA McCardle & Sons Pty Ltd and Ors [2014] FCCA 316.
[5] [2011] FWAFB 975.
[6] Misconi v Negri Contractors (Vic) Pty Ltd [2019] FWCFB 654 at [13]; see also Griffiths v The Queen [1989] HCA 39; (1989) 167 CLR 372 at 379 (Brennan and Dawson JJ); Ho v Professional Services Review Committee No 295 [2007] FCA 388 at [23]- [26] (Rares J); Hasim v Attorney-General of the Commonwealth [2013] FCA 1433; (2013) 218 FCR 25 at [65] (Greenwood J).

[7] See: Shaw v Australia and New Zealand Banking Group Limited [2015] FWCFB 287 at [12] and Ozsoy v Monstamac Industries Pty Ltd [2014] FWCFB 2149 at [31] - [33]. See also Perry v Rio Tinto Shipping Pty Ltd T/A Rio Tinto Marine [2016] FWCFB 6963.

[8] See also McConnell v A & PM Fornataro T/A Tony's Plumbing Service [2011] FWAFB 466 (unreported, Lawler VP, O'Callaghan SDP, Bissett C, 31 January 2011).
[9] See Aaron Smith v Signature Security Group [2010] FWA 7803 (at [15]-[20]); The Applicant v Origin Energy Ltd [2010] FWA 3181 (Hamberger SDP, 19 April 2010).

[10] Fair Work Act 2009 (Cth), Division 3, Subdivision B of Part 6-1.

[11] Note also Burke v Department of Agriculture, Fisheries and Forestry - Australian Quarantine and Inspection Service [2011] FWA 1386 (unreported, Simpson C, 4 March 2011). Permission to appeal refused: [2011] FWAFB 8480.
[12]PR708628.

Printed by authority of the Commonwealth Government Printer

Interpretation Act 1901

Myles Nyawasha v E & S Trading Co [2019] FWC 4078 (13 June 2019)

Myles Nyawasha v E & S Trading Co [2019] FWC 4078

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Judgment (7 paragraphs)

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Myles Nyawasha v E & S Trading Co [2019] FWC 4078 (13 June 2019)