Twenty-five unfair dismissal/labour dispute applications are listed for hearing in the Fair Work Commission today. The full list is: Newcastle City Council (Cousins), Wireless & Optical Fibre Solutions Pty Ltd (Kingdom), ATM Logistics Pty Ltd (Molony), Run For It Pty Ltd (Constantinidis), Veolia Water Utilities Australia Pty Ltd (Grech), CPA Group (Baker, Fay, Lawton, Stannus), Special Broadcasting Service (SBS) (Bharadwaj), Metro Trains Melbourne Pty Ltd (Furneaux), Southern Migrant and Refugee Centre (Lee), City of Darebin (Byrne), Western Sydney Community Legal Centre Incorporated (Girdler), Silk Contract Logistics Pty Ltd (Attard), City of Sydney RSL & Community Club Ltd (Balgowan), DK Thompson Pty Ltd (Kluvetasch), UGL Operations and Maintenance Pty Ltd (Saxon), Woolworths (Marshall), Uraidla Physio (Mitchell), Mister Sunshine’s Pty Ltd (Vistoli), Daclo Vietnamese Ethnic School (Ngoc Lee, Nguyen), The Glen Hotel Pty Ltd (Kubie), The J & C Dart Family Trust (Jones).
July 12, 2017
Thirty applicants will seek to persuade Fair Work Commissioners of the efficacy of their unfair dismissal/employment breach cases today. The full list is: BHP Billiton Pty Ltd (Streeter), Safe Places Community Services Limited (Torrance), Wilmar Sugar Pty Ltd (Galbraith), Peabody Energy Australia PCI Pty Ltd (Hill), Target Australia Pty Ltd (Ablitt), Northbuild Construction Pty Ltd (Le Noelle), Navitas English Pty Ltd (Khayam), Broadspectrum (Australia) Pty Ltd (Johnson), Swinburne University of Technology (Calleri), Peabody Energy Australia PCI Pty Ltd (Hill), Monash University (Bluzer), FMG Personnel Services Pty Ltd (Etienne), Gippsland Water (Pendergast), Harbison Memorial Retirement Village (Phakathi), Genea Limited (Lauri), JDP Formwork Pty Ltd (Kvackovski), New Horizons Enterprises Limited (Edwards), Awabakal Local Aboriginal Land Council (Towers), Trilogie Resourcing Pty Ltd (Colefax, Johns), Macleay Daily Hire Pty Ltd (Sonneman), Newcastle Golf Club Limited (Goodbun), Pressed Juices Retail Pty Ltd (Lusi), PFD Food Services Pty Ltd (Buttar), Broadspectrum (Australia) Pty Ltd (Johnson), South Australian Water Corporation (Mammone).
July 11, 2017
Thirty unfair dismissal/labour breach applications will be heard by the Fair Work Commission today. The full list is: Daracon Group (Ryan), Migas Apprentices & Trainees (Harrison-Comrie), Early Links Inclusion Support Service Incorporated (Lee-Warner), Newcastle Golf Club Limited (Goodbun), Gilo Fashion Pty Ltd (Harvey), O’Brien Glass Industries Pty Ltd (Cass), Architectural Project Specialist (Nicolaou), Uniting Care Wesley Bowden (Fowler), National Australia Bank Limited (Selvanayagam), City of Canning (Birkbeck), The Glenelg Club (Popplewell), Karratha Katinas Pty Ltd (Huang), Department of Natural Resources and Mines (DNRM) (Wanninayake), Anglo Coal (Moranbah North Management) Pty Ltd (Wilson), AVJennings Holdings Limited (Dokoza), Treg Smith’s Autos Pty Ltd (Maiden), Northern Stevedoring Services (NSS) (Neliman), Healthcare Australia Pty Ltd (Sommer), Target Australia Pty Ltd (Sturgess), Woolworths Limited (Johns), Qantas Airways Limited (McRae), Mind Australia (Aius, Mills), Commonwealth of Australia (Australian Criminal Intelligence Commission) (Knight), Baxter Healthcare Pty Ltd (Portelli), Presbyterian Church of Victoria Social Services Committee (Boyce), Grill’d Health Burgers (Shellum), Ramsey Health (Bhusumane).
July 10, 2017
The Fair Work Commission has eighteen unfair dismissal/contract dispute applications to be heard today. The full list is: The Millennium Services Group Ltd (Hannemann), Transit Resources Pty Ltd (Hawkes), Commonwealth Bank of Australia Limited (Hall), Linfox Armaguard Pty Ltd (Hunter), G James Extrusion Co Pty Ltd (Pegler), Mater Limited (Jones), Montserrat Day Hospitals (McCandless), Karan Grewal Pty Ltd (Gill), Sydney Trains (Buckley, Shields), COOH Pty Ltd (Moyle), Heavy Duty Plumbing (McDonald), Lemon & Sin Trading Pty Ltd (Khong), Kletsas Holdings Pty Limited (Frith), TNT Australia Pty Ltd (Marshall), The Online Media Agency Pty Limited (Pham), The Australian Capital Territory as represented by the Chief Minister, Treasury and Economic Development Directorate (Martsoukas), Flight Centre Travel Group Limited (Barrett).
July 7, 2017
The Fair Work Commission has a moderate list of 27 applicants claiming unfair dismissal or labour contract breach today. The list is: Mungo Lodge Investments Pty Ltd (Roberts), Captains of Rye (Glenn), Metro Trains Melbourne Pty Ltd (Furneaux), B&D Doors & Openers (Hodgins), Gate Gourmet Services (NSW) Pty Ltd & Fisch and Others (Woodhouse), Ikea Pty Ltd (Hacinas), Neville’s Bus Service Pty Ltd (Furtner), Serco Australia Pty Ltd (Ramos), DK Thompson Pty Ltd (Kluvetasch), Blairlogie Living and Learning (Mummery), Apple Pty Ltd (Yardley), Red Dog Construction & Developments & Elliott Property Group (Hart), Watters Electrical Pty Ltd (Lee), Virgin Australia Airlines Pty Ltd (Dawson), McDonald’s Rockbank Outbound (Fissha), Westpac Banking Corporation (Sureka), Curtin University of Technology (Lichtenzveig), Joondalup Smash Repairs Pty Ltd (Sherrett), Expert Data Cabling Pty Ltd (Heaver), Dirtybits Pty Ltd (Manhire), Coles Supermarkets (Lukic), Causeway Holdings Pty Ltd (Wingate), Cabin Services Australia (Wederay), JB Dental (Queensland) Pty Ltd as Trustee for the John Burgess Family Trust, Marc Miller Pty Ltd as Trustee for the Miller Discretionary Trust (Cheah), The Barton Family Trust (Hope), Causeway Holdings Pty Ltd (Wingate).
July 7, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute under Victoria University Enterprise Agreement 2013 (Agreement) – dispute concerned University’s proposal to establish a First Year College (FYC) to support first year university students – NTEU’s concern that establishment of FYC may lead to substantially different working arrangements for number of academic staff and possible redundancies for others – number of questions for determination including whether University could engage academic staff in education-focused role other than Academic Teaching and Scholar role, how workload allocations for FYC would be determined, whether University could require FYC staff to work 14 hour teaching load, whether University could determine research allocation for FYC staff and whether University complied with obligations under Clauses 65 and 66 of Agreement – AMWU v Berri P/L considered – Commission satisfied that academic staff of University, including but not limited to Academic Teaching Scholars, could be engaged in roles with education focus under Agreement – both parties agreed that teaching workloads for academic staff in FYC were to be determined in accordance with Academic Workload Model pending confirmation of Academic Workload Framework – also agreed that work allocations, including teaching loads, and research allocations would be in accordance with Academic Workload Model – Commission not satisfied that University contravened Clause 65 of Agreement at this stage as it was actively trying to mitigate potential redundancies and had not yet implemented forced redundancies – in relation to Clause 66 of Agreement, NTEU submitted that University had not complied with its obligations to provide relevant information to staff about proposed establishment of FYC – specifically, NTEU submitted University was required to advise academic staff that Academic Workload Model would apply in relation to FYC until Academic Workload Framework was developed and confirmed – University submitted that this was not information of the type contemplated by Clause 66.3.2 – Clause 66 applied to circumstances where University makes ‘specific major change proposal’ – Commission noted that Clause 66 was not time limited and consultation could occur at any stage of the process – Commission recommended that, within seven days, University advise all academic staff that Academic Workload Model will apply to work allocations for academic staff in FYC pending confirmation of Academic Workload Framework. National Tertiary Education Industry Union v Victoria University
July 7, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application by Construction, Forestry, Mining and Energy Union (CFMEU) pursuant to s.739 FW Act regarding arrangements for subcontractors of Fulton Hogan Construction (Fulton) and other matters raised during proceedings – parties covered by Fulton Hogan Eastern Construction (NSW Civil Projects) Enterprise Agreement 2016 (the Agreement) – clause 59 of Agreement regulates use of subcontractors and labour hire – CFMEU submitted Fulton had not complied with obligations of clauses 6, 59 and 61 of Agreement, including payments and conditions of employment, superannuation, workers’ compensation premiums for subcontractor employees and workplace safety-related issues – submitted that subcontractors not strictly vetted and Fulton not properly adhering to matters involving its use of subcontractors – sought orders from the Commission – Fulton submitted procedures in place and steps taken when issues and potential issues raised – submitted application should be dismissed as Commission could not be satisfied that dispute or relief sought pertained to the relationship between Fulton and its employees – submitted grant of relief sought by CFMEU was prohibited by clause 48(f), concerning building code and legislative obligation consistencies and was unwarranted – submitted relief sought should be rejected on discretionary grounds due to risk of contravention of building codes and loss of government-funded work – submitted no evidence to support allegations – submitted that compliance regimen was effective and any actual noncompliance dealt with appropriately – submitted that CFMEU had not sought to establish a consultative committee under clause 47 to deal with its concerns – submitted any Commission determination would undermine purpose of clause 59 and relief sought would give rise to potential breaches of privacy and commercial confidentiality – Commission noted Fulton had procedures and practices to give effect to its obligations under NSW and federal construction codes – not satisfied that there has been systemic failings by Fulton although there is substance to some concerns raised by CFMEU about specific subcontractors – not satisfied proper foundation to grant relief sought by CFMEU – recommended that committee mechanism as raised by Fulton be utilised and co-ordinated by a person with knowledge of matter from start to finish – held CFMEU application could not nor should not be granted – application dismissed. CFMEU v Fulton Hogan Construction P/L
July 7, 2017
MODERN AWARDS – 4 yearly review – ss.156, 608 Fair Work Act 2009 – this matter concerned claim by the Australian Council of Trade Unions (ACTU) for paid family and domestic violence leave clause to be inserted into every modern award – background to immediate issue in this matter, the ‘constitution issue’, was set out in a Decision of 18 May 2017 [[2017] FWC 2752] and Statement of 23 June 2017 [[2017] FWC 3389] – questions of law were related to Federal Court of Australia pursuant to s.608 of FW Act with intention that answers to these questions would dispose of the constitution issue and provide certainty in the final disposition of matter – Federal Court indicated that the framing of the special case raised ‘complex questions’ – Federal Court suggested, as one simpler alternative to pursuing the special case, that the sorts of questions that were raised in the special case could be brought to the Court if the President was to make a decision on the constitution issue and a dissatisfied party affected by that decision then chose to bring an application for judicial review – Commission discontinued the special case, subject to Court granting leave, and decide the constitution issue – will then be open to a dissatisfied party to bring application for judicial review of any decision – the present circumstances were unprecedented – President did not propose to exercise any powers to reconstitute Full Bench – of the view the FW Act permits Deputy President Gooley and Commissioner Spencer to hand down their decision(s) so as to complete decision-making process of original Full Bench – President will request Senior Deputy President Gooley and Commissioner Spencer to hand down their decision(s) in the matter as soon as possible – those decisions, taken together with decision of former Vice President Watson, will together comprise the Full Bench decision in matter AM2015/1. 4 yearly review of modern awards-Family & Domestic Violence Leave Clause
