The attached document replaces the document previously issued with the above code on 31 January 2014.
The reference to the Determination of Senior Deputy President Harrison in the subject paragraph has been changed from [PR5465558] to [PR546558].
Associate to Deputy President Sams
Dated 3 February 2014
FAIR WORK COMMISSION
Fair Work Act 2009
s 604 - Appeal of decisions
Transport Workers' Union of Australia
ROAD TRANSPORT AND DISTRIBUTION AWARD 2010
(ODN AM2008/21) [MA000038]
Road Transport Industry
DEPUTY PRESIDENT SAMS
SYDNEY, 30 JANUARY 2014
Appeal against decision  FWC 9805 and Determination [PR546558] of Senior Deputy President Harrison on 16 December 2013 and 7 January 2014 in various matters - two yearly review of Modern Awards - payment for meal breaks on overtime - stay application - prospects of success - balance of convenience - stay granted..
Further to my decision in Transport Workers’ Union of Australia  FWC 747, the Fair Work Commission (the ‘Commission’) orders:
1. The Determination of Her Honour SDP Harrison [PR546558], is stayed in respect only to Variation 17, as it relates to clause 26.2 of the Road Transport and Distribution Award 2010 [MA000038].
2. The Order above shall remain in force until further order of the Commission.
3. The substantive hearing of the application for leave to appeal and appeal in Matter C2014/2553 is listed before a Full Bench of the Commission at 10:00am, 21 February 2014.
Printed by authority of the Commonwealth Government Printer
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