Sixteen unfair dismissal/work infraction applications will be heard by the Fair Work Commission today. The full list is: Artcraft Pty Ltd (Alverson), Communications Service Industries (Qld) Pty Ltd (Barriga), TNT Australia Pty Ltd (Marshall), Kanandah Retirement Limited (McDade), City of Sydney RSL & Community Club Ltd (Balgowan), Hammond Care (Drury), Flight Centre Travel Group Limited (Barrett), Communications Service Industries (Qld) Pty Ltd (Alim), Romeo’s Retail Group (Bury), Resthaven Incorporated (O’Hara), Cathay Pacific Airways Limited (Sampson), Precast Tasmania Pty Ltd (Hartnett), Yarra Ranges Shire Council (Gaskill), BiltBeta Constructions (De Maria), Sadleirs Transport CO (NSW Pty Ltd) (Oliver), Queensland Bulk Water Supply Authority (McPherson).
July 27, 2017
A s.394 (Unfair dismissal) application by Huong Tran against Online Education Services Pty Ltd T/A Swinburne Online has been refused by Commissioner Cirkovic in Melbourne on 26 July 2017.
July 26, 2017
Twenty-five unfair dismissal/contract breach allegations will be heard by the Fair Work Commission today. The full list is: NT Motorcycles (Jack), The Trustee for Matchbox Australia Pty Ltd (Gatt), Tiger Airways Australia Pty Limited (Edwards), Kingmill Pty Ltd (Padayachy), Australian Contract Mining (Deale), Bell & Brunt Jewellers (Egel), Genesee & Wyoming Australia Pty Ltd (Staunton), ILSC Brisbane Pty Ltd (Hill), Blenners Transport Qld Pty Ltd (Collocott), Commonwealth Bank of Australia (Homeshaw), Real Pet Food Company (Kemp), Australian Bureau of Statistics (Murray), Mothers Pantry (Moyes), Tasmanian Ports Corporation Pty Ltd (Gee), Perftech Pty Ltd (Ali-Bakhit), Rentokil Initial Pty Ltd (Dougherty), Department of Economic Development, Jobs, Transport and Resources (Walker), Downer EDI Rail Pty Ltd (Milani, Williams), JBS Australia Pty Ltd (Tisema), Premier Coal Limited (Buckle), NSW Trains (De Giusti), BCI Australia (Iredale), The Southern Metropolitan Cemeteries Trust (Barrass), Western Sydney University (Taylor).
July 25, 2017
The Fair Work Commission will hear eighteen unfair dismissal/labour dispute cases today. The full list is: Richmond Wellbeing Inc (Masih), Bupa Aged Care Australia Pty Ltd (Tavassoli), Pup Culture Pty Ltd (Wilson), Friends Resilience Pty Ltd (Baskin), Davidson Imports Pty Ltd (Goonewardene), Ingenia Communities Pty Limited (Cooper), Ardent Leisure Ltd (Cotis), Pollock (Titasey), Carlswood Pty Ltd (O’Brien), Miami Stainless Pty Ltd (Gisler), Darling Downs and West Moreton Primary Health Network & Lacey (Mayne), USG Boral Building Products Pty Ltd (Palmer), Prosegur Australia Pty Ltd (Dixon), Strandbags Group Pty Limited (Abdelmalek), Virginia Tavern (Quinn), Uraidla Physio (Mitchell), Pets Wonderland (Ford).
July 25, 2017
Thirty-one unfair dismissal/labour dispute cases will be heard by the Fair Work Commission today. The full list is: Securecorp (Chappa), Hyne & Son Pty Ltd (Ward), Fitness First Australia Pty Limited (McMaster), Minor DKL Food Group Pty Ltd & Masterson (Corley), Motorline Pty Ltd (Thomas), Sodexo Remote Sites Australia Pty Ltd (Webb), ALDI Foods Pty Ltd (Joyner), Serco Immigration Services (Collins), Australian Outdoor Living Pty Ltd (Dam), Austral Masonry (Kenny-Bakic), Mackay Real Estate Pty Ltd (Molineux), Fifi La Femme Pty Ltd (Davidson), Nestle Australia Ltd (Furlong), Woolworths Limited Pty Ltd (Lin), Toll Transport Pty Ltd (Palmer), Harrolds Femme Pty Ltd (Biviano), Coles Supermarkets Australia Pty Ltd (Manning), Telstra Corporation Limited (Milonas), Hope Vale Aboriginal Shire Council (Tomlinson), Burnie Brae Center (West), Uber Pty Ltd (Harries), Glen McPherson Services Pty Ltd (Duffy), BB Retail Capital Pty Ltd & Frzop and Another (Miller), Lincon Logistics Pty Ltd (Green), JBS Australia Pty Ltd (Tisema), Maurice Blackburn (Daskalakis), Wyktoto Pty Ltd (Guilmartin), Sands Fridge Lines (Upton), Commonwealth Bank of Australia (Ho), St John Ambulance Western Australia Ltd (Lemmon).
July 24, 2017
The Fair Work Commission will hear twenty four unfair dismissal/labour dispute applications today. The full list is: Ganesh Properties Pty Ltd (Sherwood-Ieraci), Di Gioacchino (Kmercial), Malcorp Building & Carpentry Services (Millington), National Australia Bank Limited (Selvanayagam), Cabin Services Australia (Wederay), WorkPac Pty Ltd (Whiting), Richmond Multicultural Childrens Centre Inc (Hounihan), Downer EDI Works Pty Ltd (Clements), Gourmet Beef Pty Ltd (King), Programmed Marine Pty Ltd (Wilson), GrainCrop Operations Limited (Ferguson), Bynoe Community Advancement Cooperative Society Ltd (Douglas), PKF Lawler (WA) Pty Ltd (Hunt), Fortescue Metals Group (Jorgensen), Australian Postal Corporation (Nicholls), Minjar Gold Pty Ltd (Schilling), Seventh-Day Adventist Church (SPD) Limited (Kent), Pinnacle Hospitality People Pty Ltd (Moore), JPM Constructions (Bryson), Woolworths Limited Pty Ltd (Harris), Fantastic Holdings Limited (Stone), Krop Industrial Pty Ltd (Ianni), Hanes Australia Pty Limited Primary Flooring (Rebolledo), Association of Fee Free Migration Agents, Sydney, Inc. (AFFMA) (Lorenz).
July 21, 2017
Ninety-three unfair dismissal applicants might seem an overwhelming number but thirty-five emanate from a single employer. The full list is: Central Desert Regional Council (Wallman), Mario and Clara Enterprise Pty Ltd and Morgan Trading Pty Ltd (Duddington), Visy Board Proprietary Limited (Kennedy), Rentokil Initial Pty Ltd (Rasel), Minjar Gold Pty Ltd (Schilling), Tuggerah Lakes Golf Club Limited (Kennedy), Whitehaven Coal Mining Limited (Eather), Ross Circuit Prescholl Centre Inc (Muller), Habiku Pty Ltd (Gilchrist, Vowles), Esso Australia Pty Ltd (Ward), Federation University (Pallett), WorkPac Pty Ltd (Maltman), Spotless (Lawrence), Quattro Group (MacGowan), Wiltari Pty Ltd (Baltas), A B BNE Pty Ltd (Clarke), St Josephs Cowper Inc (Eveleigh), Linfox Australia Pty Ltd (Au, Avram, Bailey, Broughton, Buble, Bul, Camilleri, Chau, Cusato, D’Andrea, Dang, Dogu, Dubois, Garcia, Haycock, Hitchcock, Humay, Huynh, Illcic, King, Livori, Morrow, Murphy, Nguyen, Paull, Peterson, Pisano, Sefou, Sikaleski, Smith, Speed, Tam, Taylor, Tran, Whitney), Jones Lang LaSalle (Vic) Pty Ltd (Kaufman), One World For Children Pty Ltd (Dean, Linguey), Quirindi Retirement Homes Limited (Ryan), Kletsas Holdings Pty Limited (Frith), Ngambaga Bindarry Girrwaa Community Services Aboriginal Corporation (Butler), Migas Apprentices & Trainees (Harrison-Comrie) Daracon Group (Ryan), Dp World (Loriente), Chesters Trust (Peter), Rio Tinto Limited (Broadbent), City of Stirling (Emery), HIT Solutions (Walton), The Trustee for the Chunys Trust (Humphreys), Cabin Services Australia (Wederay), Logan City Electrical Service Division Pty Ltd (Antonarakis), MA Services Group Pty Ltd (Jones), Mind Australia (Agius), Anthony Costello Automotive (Hunter), Goulburn Valley Health (Packer), Lets Do Yum Cha Pty Ltd (Dong), Bayside City Council (Pantazis), Kentz Pty Ltd (Webb), TDN Group Pty Ltd (Doua), Freshco Foods (Patel) NSW Trains (De Giusti), Dr Dan White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney (Toohey), Kuehne & Nagel Pty Ltd (Georgakopoulos), Kentz Pty Ltd (Webb), Malcorp Building & Carpentry Services (Millington), Rivet Employees Operational Pty Ltd (Malcolm), Jones and Co Management Pty Ltd (McConnell-Imbriotis), Fitness First Australia Pty Limited (McMaster), Gallery Homes Pty Ltd (D’Alessandro), RFK Pty Limited (Valencia), Stables Australia Pty Ltd (Grimes), Axios (O’Connor), Teys Australia (Rezaie), Boart Longyear Ltd (Harding).
July 21, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.587, 739 Fair Work Act 2009 – application to deal with a dispute in accordance with a dispute settlement procedure (‘DSP’) in the Australia Maritime Officer’s Union Contract Propelled Dredging Enterprise Agreement 2011 (‘the Agreement’) – applicant sought determination that respondent pay applicant ‘all rightful entitlements’ in accordance with clause 18 of the Agreement – clause provided that employee on termination of a project would be paid 10% of their gross ordinary time salary for period of the project – applicant no longer employed by respondent – respondent made application pursuant to s.587 for order dismissing application as beyond Commission’s jurisdiction and not made in accordance with the Act – Commission held well established that former employee not prevented from pursing a dispute under DSP in an enterprise agreement provided issue was in dispute and progressed under DSP before employment ended and former employee not precluded from accessing a remedy for dispute – issues in dispute whether: the terms of DSP in clause 9 of the Agreement allowed applicant to progress dispute by referring it to the Commission under DSP – whether applicant engaged DSP in manner provided in Agreement so that Commission had jurisdiction to deal with application – Commission considered that non-payment of the severance payment in clause 18 of the Agreement was a matter that could be dealt with under DSP – Commission accepted that applicant asked questions about his entitlement to severance payment and directed those questions to a number of persons – did not accept that questions were sufficient to engage DSP – applicant sought confirmation about whether he would receive a redundancy payment if he was made redundant or resigned – applicant told he would receive redundancy payment if made redundant but not if resigned – applicant made no response to communication – applicant resigned seven months later – in intervening period applicant took no steps to escalate the matter under DSP so that it was engaged in way that would have entitled him to refer non-payment of severance amount to Commission – Commission held the fact that applicant made it clear in exit interview that resignation was because of removal of the severance payment did not constitute an escalation of the matter in accordance with DSP – applicant did not engage DSP prior to the cessation of employment – applicant cannot engage DSP under Agreement retrospectively after employment ended by simply establishing that he asked questions about a matter that would have been within the scope of DSP had he engaged it during employment – application by respondent granted – application dismissed. Korwa v Van Oord Australia P/L
