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).
October 24, 2017
INDUSTRIAL ACTION – order against industrial action – suspension of protected industrial action – bargaining order – ss.229, 418, 425 Fair Work Act 2009 – multiple applications by ASC P/L (ASC) including application to stop unprotected action, application to suspend or terminate protected action and application for bargaining orders seeking orders against Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Energy and Services Division South Australian Branch (CEPU) – matters concerned operation of ‘ASC North’, responsible for submarine build and maintenance operations – employees at ASC North employed under ASC P/L Enterprise Agreement 2012-2015 (Agreement) – Agreement passed its nominal expiry date – since 23 February 2015, ASC negotiating with three unions for replacement Agreement: CEPU, Australian Manufacturing Workers Union (AMWU) and Australian Workers’ Union (AWU) – on 4 October 2017 ASC advised unions it was ‘unable to enhance the wage offer’ and that it would be ‘seeking to put the document out for another vote, possible opening the seven day Access Period as early as next week’ – members rejected employer’s wage offer and also acknowledged their earlier claim of Electrical Licence Allowance was lost – majority of CEPU members voted to recommence protected industrial action – on 6 October 2017, CEPU served ASC notice under s.414 of FW Act of intention to take industrial action in form of unlimited number of stop work meetings between 12 October and 8 November 2017 – notwithstanding this, ASC proceeding to conduct a vote on proposed Agreement on 19 and 20 October – statutory Access Period commenced on 11 October – ASC unsuccessfully tried to convince CEPU to withdraw intention to take industrial action during this Access Period – CEPU contended that its members were exercising lawful right to take protected industrial action in support of their bargaining position and that at all times its officials have acted in good faith – in relation to s.425 application to suspend protected industrial action, it objected on the basis that protected industrial action had not yet been ‘engaged in’ and accordingly, Commission had no power to exercise discretion to order suspension – Commission did not accept ASC’s submission that mere notification of an intention to take industrial action meant that industrial action was being engaged in or that the Notice itself was industrial action – Commission held that since stop work meetings have not been held as foreshadowed by the Notice, the precondition that industrial action is ‘being engaged in’ has not been met – therefore, Commission not required to find whether industrial action is or is not protected action – Commission held no order to be made – applications adjourned for further report. ASC P/L v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
