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Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113

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INDUSTRIAL LAW -- the meaning of "ordinary and customary turnover of labour" in s 119(1)(a) of the Fair Work Act 2009 (Cth) -- where the primary Judges interpreted the meaning of the exception using different tests -- where employer sought to rely on "ordinary and customary turnover of labour" exception in s 119(1)(a) -- whether terminations were due to "ordinary and customary turnover of labour" -- whether exception should be construed by reference to industrial law decisions prior to enactment of s 119(1)(a) -- whether fact that employer no longer required job to be done by anyone is relevant to the exception -- whether specific business practice of employer or business practices of a business of that kind should be considered in interpreting the exception -- whether expectations of employees are relevant -- whether employee expectations are subjective or objective -- reasonable expectations of employees -- whether previous case law is relevant in interpreting the exception -- relevant factors to take into account when interpreting the exception -- where normal features of the business are relevant to interpreting the exception -- where the industry is relevant to interpreting the exception -- where the nature of the work is relevant to interpreting the exception -- where the long-standing termination practice may be relevant to interpreting the exception -- where the event of termination is unusual is relevant to interpreting the exception

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