[2010] FWAFB 3339

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Fair Work Act 2009
s.302—Application for an equal remuneration order

Equal Remuneration Case




[1] This application was listed for mention in Melbourne on 22 April 2010.

[2] The applicants proposed that the proceedings be divided into two streams. It was suggested that the first stream should be concerned with the operation of the relevant provisions of Part 2-7 of the Fair Work Act 2009 (Fair Work Act) and that the second stream should deal with the substance of the application. It was further suggested that a timetable ought be adopted which provides for a preliminary decision by the Full Bench on the first stream after all of the relevant evidentiary material has been filed but before the evidence has been dealt with.

[3] It was suggested that this course is desirable because the preliminary decision would provide the participants with guidance as to the approach the Full Bench would apply to the hearing on the merits.

[4] We are not convinced the separation of the proceedings into two streams and the provision of a preliminary decision after all the evidence has been filed would necessarily result in substantial efficiencies. Nor is it clear, on what has been submitted to date, that we would be in a position to say much about the operation of the relevant provisions without a factual context. There may be significant issues relating to the operation of the provisions which should only be dealt with in light of the totality of the material and the parties’ final submissions.

[5] We have decided not to separate the proceedings into two streams at this stage. We shall relist the application for a further mention on 13 August 2010. Should any party to the proceedings wish to revive the proposal for a two stream approach and a preliminary decision we will hear the proposal on that date. We would expect the moving party to provide a full specification of the matters that might be dealt with in such a preliminary decision prior to the 13 August 2010 hearing.

[6] In addition to the mention on 13 August 2010, the Full Bench has reserved the following days for evidence, including possible inspections:

[7] The programme, and in particular the use to be made of the reserved days, will be settled at or shortly after the mention on 13 August 2010.

[8] All documents should be filed electronically at ERCase@fwa.gov.au. All documents filed will be uploaded to the internet on the Equal Remuneration Case webpage on the Fair Work Australia website (www.fwa.gov.au). Fair Work Australia staff will compile a subscriber list for these proceedings and notify the persons and bodies on the subscriber list by email when documents are uploaded to the website. Instructions on how to join the subscriber list are on the Equal Remuneration Case webpage.


1. The applicants are directed to file in Fair Work Australia:

2. All other parties are directed to file in Fair Work Australia:


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