Officeworks Ltd v Parker [2014] FWCFB 5779

(#P33_2480) Ibid at [10] - [13].

(#P34_2586) Ibid at [18] - [23].

(#P41_3636) See Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 at 205.

(#P46_4348) Ibid at [21].

(#P49_4502) [1936] HCA 40; (1936) 55 CLR 499

(#P52_4903) Ibid at 505.

(#P57_5178) Ibid at 504-505.

(#P60_5588) See s.400 of the Act.

(#P63_5812) The way in which the public interest requirement in s.400(1) may be attracted has been described as follows in GlaxoSmithKline Australia Pty Ltd v Colin Makin [2010] FWAFB 5343 at [27]:

"...the public interest might be attracted where a matter raises issues of importance and general application, or where there is a diversity of decisions at first instance so that guidance from an appellate court is required, or where the decision at first instance manifests an injustice, or the result is counter intuitive or that the legal principles applied appear disharmonious when compared with other recent decisions dealing with similar matters."

(#P74_7580) [2011] FWAFB 2728; (2011) 211 IR 347 at 351-352.

(#P99_11519) Cf. Section 42 of the Workplace Relations Act 1996 (Cth). Note that the provisions in the Fair Work Act 2009 relating to private conferences allow the Commission to restrict persons who might attend and participate in such conferences (see ss. 368, 374, 398, 592 and 776).

(#P100_12009) See s.596 of the Act and note the exception provided in s.596(4).

(#P107_13922) See Wilson v Allworks (WA) Pty Ltd [2013] FWC 4707 at [54] - [58] and Cliff v Allaro Homes [2013] FWC 1794 at [27].

(#P112_14596) Transcript of proceedings before Senior Deputy President Drake, 30 May 2014, PN35.

(#P143_18472) Parker v Officeworks Ltd [2014] FWC 4146 at [20].

(#P152_19171) [2010] FWAFB 7251.

(#P165_22463) [2014] FWC 479 at [29].

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