The Fair Work Commission has 28 unfair dismissal/labour dispute applications listed for hearing today. The full list is: GPC Asia Pacific (Chance), AIC Gold Coast Pty Ltd (Tichelaar), Aldi Stores (A Limited Partnership) (Hyndman), The Embassy of the Republic of Iraq (Kenawy), Woolworths Limited and Woolworths (South Australia) Pty Limited (Penttila), G A Quality Chickens (Kay), A&J Container Services (Smith), NT Mining Operations (Mikic), Woolworths Group (Patel), USG Boral Building Products Pty Ltd (Palmer), 7-Eleven St Marys North (Ahmad), Aluminium Trade Centre (D’Alterio), Plex Pty Ltd (Dusanic), BHP (Horsfield), Milestone Chemicals Pty Ltd (McLachlan), Toll Personnel Pty Limited (Cavanagh), Jugiter Pty Ltd (Gavin), MI Group Services (Blandford), The Joondalup Tavern (Kendrick), Meriden School (Collins), Sydney Trains (Duraisamy), Benchmarque Recruitment Services Pty Ltd (McKenzie), Australian Lock Company Pty Ltd (Cobb), Allied Rubber Technologies (Australia) Pty Ltd (Kelly), Short & Co Real Estate Pty Ltd (Wilson), Reliable Petroleum Pty Ltd (Murray), Aboriginal Hostels Ltd (Edwards), Broadspectrum (Australia) Pty Ltd (Clifton).
September 20, 2017
The unfair dismissal/employment dispute list is severely truncated. The 12 application to be heard today in the Fair Work Commission are: Rail Commissioner (Williams), Westpoint Auto’s (Benson), ZNX Pty Ltd (Rowley), Department of Foreign Affairs and Trade (Deters), Department of Justice and Regulation (Parsons), Autolync (Brooker), RBA Architects and Conservation Consultants Pty Ltd (Le), Causeway Holdings Pty Ltd (Wingate), Jugiter Pty Ltd (Gavin), Estia Investments Pty Ltd (Tamvakis), Feros Care (Vanderham), Illawarra Academy of Sport (Fraser).
September 19, 2017
Only eleven unfair dismissal/contract dispute application are due to be heard today by the Fair Work Commission. The full list is: Charles Parletta Real Estate Pty Ltd (D’Ortenzio), Australia Post (Holmes), Rail Commissioner (Williams), Nunga Mi:Minar Incorporated (Snell), Corroboree Charters Pty Ltd (Brenac), Kilsyth Foods Pty Ltd (Chamberlain), Macedon Ranges Shire Council (Hawkey), MI Group Services (Blandford), Woolworths Limited and Woolworths (South Australia) Pty Limited (Penttila), Panelvan Conversions and Truck Bodies Pty Ltd (Sanabria Olivera), Wana Ungkunytja Pty Ltd (Thomas).
September 18, 2017
The Fair Work Commission will hear sixteen unfair dismissal/labour dispute applications today. The list contains: Murphy Holdings (SA) Pty Ltd (De Silva), Rail Commissioner (Williams), Broadspectrum (Australia) Pty Ltd (Johnson), Pennyco Pty Ltd, Windolf Farms Pty Ltd (Sippel), The Australian Capital Territory as represented by the Chief Minister, Treasury and Economic Development Directorate (Martsoukas), USG Boral Building Products Pty Ltd (Palmer), Omega Chemicals (Skrzelinski), Federation Training (Sheehan), MI Group Services (Blandford), The Hughenden Boutique Hotel (De Castro Correa), The Duke of Kent Hotel (Ocvirk), IBS Software Services Private Limited (Golwara), AE Murray Enterprises Pty Ltd (McIlrick), Transgrid (Adsett), Wana Ungkunytja Pty Ltd (Thomas).
September 15, 2017
Only twenty cases of unfair dismissal/labour disputes are listed for hearing by Fair Work Commissioners today. The full list is: Re-Engage Youth Services Incorporated (Patterson), BizFine Pty Ltd (Pugh), Bus Queensland (Speirs), Aviation Insurance Brokers of Australia Ltd (Dundon), Alfies Towing (Collins), MSS Security Pty Ltd (Williams), Draeger Australia Pty Ltd & Armstrong and Others (Hill), Gold Coast BMW Pty Ltd (Sheers), Sydney Trains (Duraisamy), Benchmarque Recruitment Services Pty Ltd (McKenzie), Apex Institute of Education (Dal), Safety Express (Dreven), Valley Bakehouse Pty Ltd (Tucker), Illawarra Coal Holdings Pty Ltd (McLachlan), Aeqvitas Pty Ltd (Callister), Glendale Early Education Centre Inc (Jackson), Steggles Poultry Processing Pty Ltd (Bywater), Premier Youthworks (Rosberg), Sanikleen Pty Ltd (Berriman), Are You Cool Enough Refrigeration Contractors Pty Ltd (Nissanka).
September 14, 2017
Seventeen unfair dismissal and labour dispute applicants will be heard in the Fair Work Commission today. The full list is: Joely Ann Cavanagh (Clarke), Anglo Coal (Moranbah North Management) Pty Ltd (Wilson), Swing Shift Nurses (Tysoe), Mallee District Aboriginal Services Limited & Kirby (Connelly), Foxtel Management Pty Ltd (Tanyi), Audi Enterprises Pty Ltd (Caine, Zintchenko), RSPCA WA (Read), Causeway Holdings Pty Ltd (Wingate), iiWorks (Rise), South Sydney Junior Rugby League Club Pty Ltd (He), Northstar (Kamire), The Uniting Church in Australia Property Trust (Kolobius), Illawarra Coal Holdings Pty Ltd (McLachlan), Fincar Pty Ltd (Phillipson), PPK Mining Equipment Pty Ltd (Barnden).
September 14, 2017
ENTERPRISE AGREEMENTS – termination of agreement – s.225 Fair Work Act 2009 – application by Murdoch University for termination of the Murdoch University Enterprise Agreement 2014 (Agreement) after its nominal expiry date on 30 June 2016 – Agreement covered approximately 3500 employees, including academic and professional staff – Murdoch submitted it was suffering financially and contended the reason for bringing application was to free itself of constraints and impediments in Agreement to enable it to become more agile in meeting new challenges within constantly changing, globally competitive education landscape – submitted it was considering a number of new projects which could create 21,000 full time jobs and create research opportunities, but some provisions in Agreement could slow or inhibit projects from being implemented – Unions contended evidence did not support conclusion Agreement was the cause of Murdoch’s financial situation nor did it prevent Murdoch from addressing challenges – Murdoch took issue with 24 of the Agreement’s 110 clauses in relation to staff behaviour, workplace change, ability to control workforce numbers, and other clauses it claimed to add expense and/or involve inefficiency – Commission accepted clauses viewed as problematic and considered whilst similar clauses could be found in other universities agreements, in some circumstances, these clauses imposed significant constraints on how Murdoch operated and managed its employees – further held some clauses were overly prescriptive and unwieldy which hindered Murdoch from making changes to respond to its financial circumstances – bargaining thus far had been unsuccessful – Commission noted negotiations have been lengthy with little movement on both sides – Commission concluded no reason to believe parties were likely to settle agreement in foreseeable future – Aurizon considered in relation to public interest – Commission held evidence showed there would be small positive impact for state and national economies if Agreement terminated – Commission disagreed with Unions’ contentions that terminating Agreement would undermine public benefits of University and academic freedom – considered views of employees covered by Agreement, indicating strong opposition to termination – Commission satisfied termination of Agreement not contrary to public interest and held it may support good faith bargaining – Commission satisfied if Agreement is terminated Murdoch would have fewer constraints on how it managed employees and operations which will support it in its endeavours to improve its financial circumstances – Commission considered if Agreement is terminated, this will promote further bargaining – higher likelihood parties will successfully complete negotiations for new agreement – Commission satisfied appropriate to terminate Agreement – termination of Agreement to operate on and from 26 September 2017 – application granted. Murdoch University Enterprise Agreement 2014
September 14, 2017
MODERN AWARDS – 4 yearly review – plain language – ss.134, 156 Fair Work Act 2009 – Full Bench – decision finalises second tranche of modern awards in plain language project – jurisdictional issue advanced by ACTU rejected – ACTU submission fails to appreciate nature of Commission’s task in Review and misconstrues modern awards objective – not necessary to make finding that modern award fails to satisfy one or more of s.134 FW Act considerations – s.134 does not set particular standard against which modern award can be evaluated – National Retail Association applied – variation of award in Review does not require finding that award is not simple or easy to understand – consideration in s.134(1)(g) FW Act is expressed in different terms to jurisdictional facts required to enliven discretion under s.160 FW Act – Full Bench not at liberty to ignore matter – Full Bench required to take into account in giving effect to modern awards objective in context of Review – number of parties opposed inclusion of particular awards in second tranche – resource implications of Review organisations acknowledged – this consideration cannot be determinative of scope of Review – s.156 FW Act imposes obligation on Commission to review all modern awards and each modern award must be reviewed in its own right – less weight given to views of industrial organisations now than previously due to shift in nature and purpose of modern awards – such considerations provide no warrant for exclusion of particular modern awards from plain language drafting – consultation process intended to ensure re-drafting process does not unintentionally alter legal effect of any award term – plain language redrafting project need not delay implementation of other award variations – decision specifies which awards will be included in tranche 2 of plain language drafting – various plain language drafting matters of general application addressed – exposure drafts to be updated to incorporate changes and republished for final comment. 4 yearly review of modern awards – Plain language re-drafting – Tranche 2 awards
