FAIR WORK COMMISSION
Fair Work Act 2009
s 604 - Appeal of decisions
Transport Workers' Union of Australia
ROAD TRANSPORT AND DISTRIBUTION AWARD 2010
Road transport industry
DEPUTY PRESIDENT SAMS DEPUTY PRESIDENT LAWRENCE COMMISSIONER CARGILL
SYDNEY, 12 MARCH 2014
Appeal against decision  FWC 9805 and Determination [PR546558] of Senior Deputy President Harrison - permission to appeal - Two Yearly Review of Modern Awards - Item 6, Schedule 5, Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 - Road Transport and Distribution Award 2010 - jurisdictional error - principles of award construction - subjective view or recollection - procedural unfairness - permission to appeal refused - appeal dismissed.
1. Further to the decision of the Full Bench of the Fair Work Commission (the ‘Commission’) in Transport Workers’ Union of Australia  FWCFB 1573, the Commission orders:
A. Permission to appeal in Matter C2014/2553 is refused.
B. Matter C2014/2553 is dismissed.
C. The Stay Order issued by Deputy President Sams on 30 January 2014 [PR547306] is discharged.
2. These orders shall take effect on and from 12 March 2014.
Printed by authority of the Commonwealth Government Printer
<Price code A>