MA000038 PR547306

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].

Sean Howe

Associate to Deputy President Sams

Dated 3 February 2014

MA000038 PR547306

FAIR WORK COMMISSION

ORDER

Fair Work Act 2009
s 604 - Appeal of decisions

Transport Workers' Union of Australia
(C2014/2553)

ROAD TRANSPORT AND DISTRIBUTION AWARD 2010
(ODN AM2008/21) [MA000038]

Road Transport Industry

DEPUTY PRESIDENT SAMS

SYDNEY, 30 JANUARY 2014

Appeal against decision [2013] 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 [2014] 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer


Road Transport Industry
DEPUTY PRESIDENT SAMS	SYDNEY, 30 JANUARY 2014