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[2011] FWA 2914
General information, not legal advice.
Fair Work Australia
2011-05-25
Original judgment source is linked above.
(#P38_2039) This was approved pursuant to the Workplace Relations Act 1996.
(#P47_3273) Exhibit APESMA 1.
(#P54_3808) Submissions made by Mr Butler on behalf of APEMSA - Transcript PN304 - PN327.
(#P113_7398) I note that there is no direct evidence that a written notice as contemplated by s.238(3) has been provided by APESMA to the individual bargaining representatives. The question arises as to whether these representatives are relevant for the purposes of that provision and if so whether the notice has effectively been provided. This issue was not taken up by the ARCBS and it is clear that the concerns were raised with all of the bargaining representatives during negotiations. It is not necessary to determine this matter given the ultimate conclusions I have reached on the application.
(#P148_13672) TE 6 as attached to Exhibit APEMSA 2.
(#P189_20926) The legislative note indicated in effect that changes which were authorised by the terms of the agreement itself would not fall within the scope of the relevant variation provisions.
(#P198_22058) Section 170MD(7) of the WR Act is in the same terms as s.367(2) as relied upon by APESMA however the learned Judge was considering the validity of certification rather than the legal import of the provision.
(#P199_22342) At par 78.
(#P249_29391) Queensland decision at par [26] and [35].
(#P264_30898) [2010] FWAFB 3009, 14 April 2010, per Giudice J, Lawler VP and Gay C.
(#P296_35175) S.228 of the Act. Those obligations do not require a party to agree to any claims, however given the history associated with the introduction of the classification framework, the concerns of the unions cannot be dismissed simply because they might change an existing circumstance or complicate the national intentions. They must be genuinely considered and a rationale provided for any response.
(#P307_37273) The Australian Red Cross Blood Service Collective Enterprise Agreement Queensland 2010 was approved by Cribb C on 6 July 2010. This agreement excludes Scientists, Scientist 2IC, Laboratory Managers and Supervising Scientists.
(#P308_37601) Despite what could be described as robust and lengthy negotiations, an agreement for the Scientists in Queensland has not yet been made.
(#P325_40442) Health Professional and Support Services Award 2010. The Nurses Award 2010 would cover the nurses concerned.
(#P328_40971) The concept of "taking into account" is comparable to "must have regard to" and in that context see: R v Hunt: Ex parte Sean Investments Pty Ltd [1979] HCA 32.
(#P331_41598) There are some positions where the requirement to hold scientific based qualifications is in dispute.
(#P334_42305) Stuartholme School and Others v Independent Education Union [2010] FWAFB 1714, 3 March 2010 per Giudice J, Hamberger SDP and Spencer C.
(#P337_43785) Refer to evidence of Mr Emery - transcript PN33.
(#P348_45914) Queensland decision at par [14], [43], [46] and [49].
(#P349_46074) Queensland decision at par [48].
(#P350_46215) Queensland decision at pars [51] and [52].
(#P351_46450) The evidence of Mr McFetridge and various references in the Queensland decision.
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The Association of Professional Engineers, Scientists and Managers, Australia
Australian Red Cross Blood Service and others [2011] FWA 2914