Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

asked the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, upon notice, on 5 October 2011:

Can the Minister confirm no judicial consideration has been given to sections 357 to 359 inclusive of the Fair Work Act 2009?

Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

The answer to the honourable senator's question is as follows:

There has been some judicial consideration given to these provisions. My Department is aware that section 357 of the Fair Work Act 2009 (FW Act) has received judicial consideration in the following cases:

Superannuation Guarantee (Administration) Act 1992.

My Department is not aware of any judicial consideration of sections 358 and 359 of the FW Act.

My Department is aware that the provisions have also been referred to, but without substantial consideration being given to their meaning and effect, in:

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 3)

Australian Building and Construction Commissioner v Construction, Forestry, Mining & Energy Union