Barclay v the Board of Bendigo Regional Institute of Technical and Further Education

JurisdictionAustralia Federal only
Neutral Citation2011-0209 FCA A,2010-0325 FCA C
Date2010
CourtFederal Court
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36 cases
5 firm's commentaries
  • Generally protected: a government’s capacity to regulate enterprise bargaining via procurement policy
    • Australia
    • Mondaq Australia
    • 10 August 2013
    ...Contractors Act 2006 (Cth), section 4. 8Citing Barclay v Board of Bendigo Regional Institute of Technical and Further Education (2011) 191 FCR 212; 274 ALR 570; [2011] FCAFC 14 at [14]-[17]; Kelly v Construction, Forestry, Mining & Energy Union (CFMEU) (No 3) (1995) 63 IR 119 at 130; Au......
  • Review panel delivers recommendations following Fair Work Act review
    • Australia
    • Mondaq Australia
    • 8 August 2012
    ...Sons Pty Ltd v Fair Work Australia [2012] FCAFC 53 3 Barclay v Board of Bendigo Regional Institute of Technical and Further Education (2011) 191 FCR 212 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your sp......
  • Adverse Action Under the Fair Work Act - What Should Employers Do?
    • Australia
    • Mondaq Australia
    • 30 August 2010
    ...adverse action? Justice Tracey's decision in Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2010] FCA 284 gives some valuable guidance for employers facing an allegation of adverse Barclay was active in his union. In his union capacity he forwarded an ......
  • Managing employee performance: the new adverse action risk
    • Australia
    • Mondaq Australia
    • 8 August 2011
    ...agreement). In applying the reasoning of the Full Federal Court decision of Barclay v Board of Bendigo Regional Institute of TAFE (2011) 274 ALR 570, the Federal Magistrate had to determine the "real reason" for the manager's decision, irrespective of the manager's subjective belief that hi......
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