ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.595, 739 Fair Work Act 2009 – application to deal with a dispute in accordance with the Serco Defence Maritime Collective Agreement 2015 (the Agreement) – dispute regarding parity of rates between Master and Engineers – written guarantee provided 6 months after agreement approved providing for Masters and Engineers to be paid equally when employed on the same vessel – respondent raised objection to Commission determining matter – Berri principles considered – principles from CFMEU v Mt Arthur Coal P/L adopted – Commission needed to determine if written guarantee covered by clause 26.1 of the Agreement – determined it is not covered by the dispute resolution clause – the Agreement does not contain an express provision which would provide grounds for the Commission to find the dispute is about a matter arising under the Agreement – Commission concluded no power to make order sought by the applicant – Commission recommended Serco take all necessary steps to ensure undertaking is honoured for life of Agreement. The Australian Maritime Officers’ Union v DMS Maritime P/L t/a Serco Defence
October 31, 2017
TERMINATION OF EMPLOYMENT – valid reason – small business employer – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent is a small business – Commission considered whether dismissal was genuine redundancy – respondent could not afford to pay applicant’s wages – applicant’s role has not been filled, duties being performed by other employees – no consultation undertaken with applicant in advance of termination – dismissal was not genuine redundancy – dismissal was unfair but unlikely employment would have continued for long – compensation of $4000 granted plus 9.5% superannuation in addition to other moneys owed to applicant including superannuation and outstanding annual leave. Dawood v Universal LED Lighting P/L
October 31, 2017
TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant dismissed for alleged poor performance and failing to identify potentially fraudulent car loan application – applicant’s dismissal found to be harsh and unreasonable – applicant’s failings did not constitute a valid reason for dismissal – applicant was notified of reasons for dismissal prior to termination and was given an opportunity to respond – respondent did not issue warnings regarding unsatisfactory performance and applicant was therefore not given an opportunity to improve – respondent did not follow proper procedures in effecting dismissal, although it had no access to a dedicated human resource management expert – applicant’s age, limited skill set and low likelihood of obtaining employment considered – applicant unfairly dismissed – ordered compensation of six weeks’ pay less tax, plus super, less any notice period paid. Phillipson v Fincar P/L
October 31, 2017
The Fair Work Commission will hear 23 unfair dismissal/labour dispute applications today. The full list is: TW Constructions (Ellem), The GEO Group Australia Pty Ltd (Reihana), The GEO Group (Reilly), Bei Fang Food Supplies Pty Ltd (Yang), Bristow Helicopters Australia Pty Ltd (McCreadie, Rowland), Xcel Pty Ltd (Jonassen), Martin Sayle (Musumeci), Community Accommodation and Respite Agency Inc (Van Praet), Merri Community Health Services (Stent), Glenview Community Services Inc (Tanner), Spartelaqua Pty Ltd as Trustee for the Karagiannis Practice Trust (Bruce), Bechtel Construction (Australia) Pty Ltd (Weir), BHP Billiton Iron Ore Pty Ltd (Sargent), Technosoft (Australia) Pty Ltd (Das), Medwest Health Care Pty Ltd (Dunne), Kascorp Pty Ltd (Brigante), E-Travel Pty Ltd (Graham), Probiotec Pharma Pty Ltd (Krajina), DFP Recruitment (Kumar), JJ’s Heating and Cooling Services (Tran), Solar Station Alpha Pty Ltd (von Erkel), Bowen & Pomeroy Pty Ltd (Fox).
October 31, 2017
The list of applications for relief from unfair dismissal is growing. The Fair Work Commission will hear 30 applications today. The full list is: Oakwood Aged Care (Pumpa), Re-Engage Youth Services Incorporated (Patterson), Confident Smile Dental Surgery (Alcorn), Mrs. Australia Pty Ltd (Banda), Pets Unit Trust (Loring), Toll Transport Pty Ltd (Borg), Light House Holding Trust (Singh), Ashton Manufacturing Pty Ltd (Turner), Yooralla (Hussainy), Ngaanyatjarra Council Aboriginal Corporation (Walker), FoodWorks East Fremantle (Willetts), Nexxis (Thompson), Assetlink Services (17) Pty Ltd (Al Shaher), Hudson (O), Contura Mining Pty Ltd (Martinez), Bristow Helicopters Australia Pty Ltd (Rowland), Gunnedah Leather Processors Pty Ltd (Goodacre), Apex Institute of Education (Dal), Top Notch Builders Pty Ltd (Doyle), Coles Supermarkets Pty Ltd (Holt), Ted Transport Pty Ltd (Thessman), Artisan Wine Storage Pty Ltd (Oldfield), Glorious Health Australia Pty Ltd (Aneke), Australian and New Zealand Banking Group Limited (Taylor), Startrack Express (Taylor), Judhar Pty Ltd (Carmody), Mezzanine Media Australia Pty Ltd (McWilliam), Hitachi Construction Machinery (Australia) Pty Ltd (King & Reid and Another), Coles Supermarkets Australia Pty Ltd (Singh), Foodworks East Fremantle (Willetts).
October 30, 2017
Twenty applications pertaining to labour disputes and unfair dismissal will be heard by the Fair Work Commission today. The full list is: Cimnnco International Pty Ltd (Owen), Schwing Concrete Constructions (Downes), Northwest Supermarkets Pty Ltd (Johnson), Solar Station Alpha Pty Ltd (von Erkel), Western Health (Footscray Hospital) (Krawczyszyn), AHS Hospitality Pty Ltd (Wehbe), Sancorp Industries Pty Ltd & Hosseini and Another (Anderson), Happy Tint Pty Ltd (Merchan), Ticar Pty Ltd ATF Ticar Family Trust (Christensen), Motor Trades Association of Western Australia (Inc) (Whelan), The GEO Group Australia Pty Ltd (Reihana), The GEO Group (Reilly), Sydney International Container Terminals Pty Limited (Colwell), Triple 888 Studios Pty Ltd & Quan and Another (Michael), St Vincent de Paul Society NSW) (Smith), Coal River Farm Investments Pty Ltd (Phillips), QF Cabin Crew Australia Pty Ltd (Bayfield), VetPrep Australia Pty Ltd (Smith), FSG Australia (Orr, Roberson).
October 26, 2017
Twenty-six unfair dismissal/labour dispute applications will be heard in the Fair Work Commission today. The full list is: Expoelle Pty Ltd (Forbes), BHP Coal Pty Ltd (Hayes), Communications Tech Services (Van Zyl), Alliance Airlines Pty Ltd (Crompton), Stargate Travel Pty Ltd (Willey), SRSW Pty Ltd (Keighley), CSL Limited (Papaioannou), KDK Bathroomware Pty Ltd (Wang), Clarence Valley Anglican School (Kidd), USG Boral Building Products Pty Ltd (Palmer), Corval Pty Ltd & Conga Foods Pty Ltd (Kruk), Linfox Australia Pty Ltd (Giordano), Roy Hill Operations Pty Ltd (Butcher), The Groove Train Northland (Birch), Causeway Holdings Pty Ltd (Wingate), Kallis’ Beach Cafe Pty Ltd (Macpherson), UGL Rail Services Pty Ltd (Williams), RR Lifestyle Support Limited (Gibson), Sydney Trains (Singh), Telstra Corporation Limited (Strezoski), Electrical Detective Pty Ltd (Teixeira), UCA – The Wayside Chapel (Fitzpatrick), St Joseph’s Cowper Ltd (McKimm), Coles Supermarkets Australia Pty Ltd (Singh), Camperagent RV (Oke).
October 25, 2017
The full list for today for the Fair Work Commission is: Total Management Systems (Sadler, Reid), The Trustee for the Smashtow Unit Trust (Turner), Anglicare (Chand), CKC Accountants Pty Limited (Marshall), ITKM Transport (Hooper), BJ & SL Francis (Moraes), Amana Living Incorporated (Pattullil Abraahm), Mater Health Services (Mater Misericordiae Health Services Brisbane Limited) (Cook), E-Travel Pty Ltd (Graham), Steric Solutions Pty Ltd (Trialonas), The Camberwell Grammar School (Dai), JM Golden Care Pty Ltd (Anderson, Wardill), JBS Australia Pty Ltd (Blyth), Steambrook Pty Ltd (Reichardt), Health Services Union – Victoria No.1 Branch (Sanli), Aari Health Arena Trust (Anger), Lutheran Church of Australia Queensland District (Bos), Landmark Products Pty Ltd (Smith), Amtek Corporation Pty Ltd (Young), Re-Engage Youth Services Incorporated (Patterson).
