MODERN AWARDS – 4 yearly review – ss.156, 608 Fair Work Act 2009 – this matter concerned claim by the Australian Council of Trade Unions (ACTU) for paid family and domestic violence leave clause to be inserted into every modern award – background to immediate issue in this matter, the ‘constitution issue’, was set out in a Decision of 18 May 2017 [[2017] FWC 2752] and Statement of 23 June 2017 [[2017] FWC 3389] – questions of law were related to Federal Court of Australia pursuant to s.608 of FW Act with intention that answers to these questions would dispose of the constitution issue and provide certainty in the final disposition of matter – Federal Court indicated that the framing of the special case raised ‘complex questions’ – Federal Court suggested, as one simpler alternative to pursuing the special case, that the sorts of questions that were raised in the special case could be brought to the Court if the President was to make a decision on the constitution issue and a dissatisfied party affected by that decision then chose to bring an application for judicial review – Commission discontinued the special case, subject to Court granting leave, and decide the constitution issue – will then be open to a dissatisfied party to bring application for judicial review of any decision – the present circumstances were unprecedented – President did not propose to exercise any powers to reconstitute Full Bench – of the view the FW Act permits Deputy President Gooley and Commissioner Spencer to hand down their decision(s) so as to complete decision-making process of original Full Bench – President will request Senior Deputy President Gooley and Commissioner Spencer to hand down their decision(s) in the matter as soon as possible – those decisions, taken together with decision of former Vice President Watson, will together comprise the Full Bench decision in matter AM2015/1. 4 yearly review of modern awards-Family & Domestic Violence Leave Clause
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