Industrial Law Cases
Some of the matters in which A.J. Macken & Co has acted have included:
2015
Transport Workers’ Union of Australia v Coles Supermarkets Australia Pty Ltd & Anor [2015] FWC 1591: Acting on behalf of the Shop, Distributive and Allied Employees Association in successfully opposing an application for a scope order by the TWU.
2013
Modern Awards Review 2012 – Penalty Rates [2013] FWCFB 1635: Acting on behalf of the Shop, Distributive and Allied Employees Association in successfully resisting multiple employer organisation applications for variation of Modern Award penalty rates provisions.
2012
Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2012] FCAFC 114: Acting on behalf of the Shop, Distributive and Allied Employees Association to successfully oppose appeal by Pizza Hut and KFC against the decision of Cowdroy J (Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia [2011] FCA 1315) which sought prerogative review of the decisions of the Full Bench of Fair Work Australia (KFC National Enterprise Award 2001; Re [2011] FWAFB 1078 and Pizza Hut – SDA Employee Relations Award 2000; Re [2011] FWAFB 1077) refusing the application by Pizza Hut and KFC for the making of a modern enterprise award and the granting of the counter application by the Shop, Distributive and Allied Employees Association for the termination of the operative Pizza Hut and KFC enterprise instruments.
Shop, Distributive and Allied Employees Association v National Retail Association and Fair Work Australia (No. 2) [2012] FCA 480: Acting on behalf of Shop, Distributive and Allied Employees Association seeking prerogative review of decision of Full Bench of Fair Work Australia (Re Shop, Distributive and Allied Employees Association [2011] FWAFB 6251) upholding decision of Watson VP (Re National Retail Association Limited [2011] FWA 3777) to vary minimum casual hours provision of General Retail Industry Award 2010.
Shop, Distributive and Allied Employees Association v National Union of Workers [2012] FWAFB 461: Application under s.137A of the Fair Work (Registered Organisations) Act 2009 (FW(RO) Act) for an Order that the SDA have the right to the exclusion of the NUW to represent the industrial interests of employees at the Woolworths Brisbane Regional Distribution Centre (BRDC) who are covered by the Woolworths Limited Brisbane Regional Distribution Centre Collective Agreement 2008.