FAIR WORK COMMISSION
Fair Work Act 2009
s 604 - Appeal of decisions
Transport Workers' Union of Australia
ROAD TRANSPORT AND DISTRIBUTION AWARD 2010
(ODN AM2008/21) [MA000038]
Road Transport Industry
DEPUTY PRESIDENT SAMS
SYDNEY,30 JANUARY 2014
Appeal against decision  FWC 9805 and Determination [PR5465558] of Senior Deputy President Harrison on 16 December 2013 and 7 January 2014 in various matters - two yearly review of Modern Awards - payment for meal breaks on overtime - stay application - prospects of success - balance of convenience - stay granted..
Further to my decision in Transport Workers’Union of Australia  FWC 747,the Fair Work Commission (the ‘Commission’) orders:
1. The Determination of Her Honour SDP Harrison [PR546558],is stayed in respect only to Variation 17,as it relates to clause 26.2 of the Road Transport and Distribution Award 2010 [MA000038].
2. The Order above shall remain in force until further order of the Commission.
3. The substantive hearing of the application for leave to appeal and appeal in Matter C2014/2553 is listed before a Full Bench of the Commission at 10:00am,21 February 2014.
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