MA000038  PR548550

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
[MA000038]

Road transport industry

DEPUTY PRESIDENT SAMS DEPUTY PRESIDENT LAWRENCE COMMISSIONER CARGILL

SYDNEY, 12 MARCH 2014

Appeal against decision [2013] 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 [2014] 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.

DEPUTY PRESIDENT

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