The ongoing impact of Kirk : Bauer Foundations Australia Pty Ltd v President of the Industrial Court (Qld) [2011] QSC 103 and Newman v TJV Electrical Pty Ltd (C/2011/13)

In the cases of Bauer Foundations Australia Pty Ltd v President of the Industrial Court (Qld) [2011] QSC 103 and Newman v TJV Electrical Pty Ltd (C/2011/13) the High Court’s decision in Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531 formed the basis upon which appeals were brought against lower court decisions. Both cases highlight the impact that the Kirk decision has had in re-considering Queensland’s occupational health and safety jurisprudence.