Tahmoor Coal Pty Ltd re Tahmoor Colliery Enterprise Agreement 2006; Tahmoor Washery Workplace Agreement 2006 [2010] FWA 6468 (23 August 2010)

Fair Work Australia|2010-08-23

(#P31_543) AG848124.

(#P34_781) AC307072.

(#P57_3463) [2010] FWA 942.

(#P59_3631) [2010] FWA 942 at [54].

(#P64_4533) Exhibit 4, [30].

(#P67_4751) Exhibit 4, [33], [35], [36], DN-6.

(#P70_4933) Exhibit 4, [37]-[40].

(#P73_5129) Exhibit 4, [41]-[43].

(#P76_5302) Exhibit 4, [45]-[49].

(#P79_5482) Exhibit 4, [52]-[53].

(#P96_10715) or a s.170MX award or workplace determination.

(#P97_10828) See s.170LX (and the provisions referred to therein) of the pre-WorkChoices version of the WR Act and item 3 of schedule 7 to the WorkChoices version of the WR Act (note: s.170LX was not one of the provisions the operation of which was preserved by item 2 of Schedule 7 to the WorkChoices version of the WR Act).

(#P98_11327) See s.347 (and the provisions referred to therein) of the WorkChoices version of the WR Act and s.54 and ss.219-227 of the FW Act.

(#P101_12036) s.223 of the FW Act.

(#P154_16187) 139 IR 34, PR955357.

(#P184_21957) For example, Re Crinum Mine CFMEU Agreement 1997 (PR902468) where Bacon C held it is not contrary to the public interest to terminate a pre-reform certified agreement where the termination might improve one party's negotiating position. That may be so, however, such a consequence is undoubtedly relevant to whether termination of an expired agreement is "appropriate".

(#P189_23524) Chambers v James Cook University [1995] IRCA 442 at p 16 of 34 of the AUSTLII print.

(#P195_23966) Ibid at 346.

(#P208_26040) [2002] FCA 111.

(#P209_26341) Ibid at [16].

(#P240_30321) [1997] FCA 567.

(#P263_32343) [2010] FWA 2434.

(#P314_42055) MA000001.

(#P335_46517) Compare North Goonyella Coal Mines Pty Ltd v Construction, Forestry, Mining and Energy Union [2010] FWA 1112 at [6]- [8].

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