Wollongong Coal Limited v Construction, Forestry, Maritime, Mining and Energy Union
COURT OR TRIBUNAL
Fair Work Commission Full Bench
DATE FILED (OR FIRST HEARING DATE)
07/04/2020
LITIGATION TYPE
Access to Justice
SUBJECT MATTER
Employment
REVIEW TYPE
N/A
SUMMARY
(Excerpt from judgment) [1] Wollongong Coal Limited (Appellant) has lodged an appeal, for which permission to appeal is required, against a decision of Commissioner Riordan issued on 7 April 2020 1 (Decision) in which he dismissed the Appellant’s application to terminate the NRE No 1 Colliery Workplace Agreement 2011 (2011 Agreement) pursuant to s.225 of the Fair Work Act 2009 (Cth) (FW Act). The Appellant contends on various grounds that the Decision was contrary to the evidence and its weight and to the legislation that was applied by the Commissioner. The Appellant seeks that the Decision be quashed and that the Full Bench determine that the Application be granted.
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