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Cases Citing This Decision
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Statutory Material Cited
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Zheng v Poten & Partners (Australia) Pty Ltd
[2021] FWCFB 3478
Citation 1
(Para 1)
…modern award covers an employee’s employment the Commission applies a ‘principal purpose test.’ In Zheng v Poten & Partners (Australia) Pty Ltd [2021] FWCFB 3478 at [47], (2021) 307 IR 339 at 359 ( Zheng ) the Full bench summarised the test as follows: “It remains necessary to consider what the application of the “p…
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BHP Coal Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union
[2021] FWCFB 197
Citation 2
(Para 1)
…Deputy President Gostencnik’s reasoning was endorsed by the Full Bench in BHP Coal Pty Ltd v CFMMEU [2021] FWCFB 197 at [31].…
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Teterin & Ors v Resource Pacific Pty Limited t/a Ravensworth Underground Mine
[2014] FWCFB 4125
Citation 3
(Para 1)
…The Full Bench in Teterin v Resource Pacific Pty Ltd [2014] FWCFB 4125 at [23]-[29], (2014) 244 IR 252 at 261-263 explored the question of onus in some detail. The Full Bench accepted that the notion of an onus of proof imports legal doctrines that should have no part in the Commission’s procedural or decisional pro…
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Sidhu v Van Dyke
[2014] HCA 19
Citation 4
(Para 1)
…the evidentiary onus to “adduce evidence to make a s.382 objection a live issue”, referring to the High Court’s observation in Sidhu v Van Dyke [2014] HCA 19 at [63], (2014) 251 CLR 505 at 524.…
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Hobart District Nursing Service Inc
[2018] FWC 4818
Citation 5
(Para 1)
…Converge called in aide the observation of Commissioner McKinnon in Hobart District Nursing Service Inc [2018] FWC 4818 at [70] that roles such as General Manager did not “sit comfortably” within the classification structure of the Health Award. The reference to “General Manager” in Mr Hughes’ job title is indicat…
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Kaufman v Jones Lang LaSalle (Vic) Pty Ltd T/A JLL
[2017] FWC 2623
Citation 6
(Para 1)
…yee that are significant, rather than the title of their position. As Deputy President Gostencnik said in Kaufmann v Jones Lang LaSalle (Vic) Pty Ltd [2017] FWC 2623 ( Kaufmann ): “[45] I agree with the Applicant’s submission that put simply, the principal purpose of the Applicant’s position was to sell real estat…