TERMINATION OF EMPLOYMENT – extension of time – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission refused the appellant an extension of the time to lodge an application for an unfair dismissal remedy and dismissed the application – appellant submitted nine grounds of appeal however the grounds only sought to challenge one aspect of the Commission’s consideration under s.394(3), namely the assessment of the merits of his application under paragraph (e) – Full Bench did not consider that anything raised by the appellant in his appeal notice gave rise to any arguable case that the Commission erred in its consideration under s.394(3) – found the appeal did not otherwise raise any issue which attracts the public interest – the matter was decided on its particular facts and raised no issue of principle or general importance – Full Bench do not consider that it would be in the public interest to grant permission to appeal – permission to appeal refused. Appeal by Golding against decision of Platt C of 12 April 2017 [[2017] FWC 2089] Re: Senwill Civil P/L t/a Senwill Civil
June 14, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant protected from unfair dismissal – no jurisdictional issues – applicant caught departing store with three items without offering or making payment – police called but did not charge applicant – applicant summarily dismissed without notice – clear policies in place against theft or removal of stock without payment – applicant acknowledged and signed policy – applicant claimed supervisor authorised him to take items – difficult personal circumstances, authorisation of supervisor and lack of a full investigation considered – applicant ought to have known authorisation was illegitimate – Commission found removal of stock without payment was a valid reason for termination – termination not harsh, unjust or unreasonable – application dismissed. Johnson v North West Supermarkets t/a Castlemaine IGA
June 14, 2017
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – on 18 April 2017, the President issued a Statement [[2017] FWC 2189] (Statement) setting out the 10 matters, other than matter AM2015/1, that were before Full Benches in which former Vice President Watson was the presiding Member, and which appeared not to have been completed prior to his resignation from the Commission – interested parties invited to file submissions by 4:00 pm Friday 5 May 2017, indicating whether they continued to pursue their claims, and whether the Full Bench should be reconstituted in the respective matter – submissions were received from a number of interested parties in respect of each of the 10 matters – no party to the 10 matters has contended that the President does not have power under the FW Act to reconstitute the Full Bench in a matter – satisfied that the FW Act provides the power to reconstitute a Full Bench in circumstances where a matter had not been completely dealt with prior to Vice President Watson’s resignation from the Commission, where the Vice President was the presiding Member of the responsible Full Bench – this is the proposed course of action in respect of six of the 10 outstanding matters – in the remaining four matters a notice of discontinuance has been filed or foreshadowed – a number of those matters (or related matters) will be listed for mention to provide an opportunity for any interested party to advise whether they have a contrary view. 4 yearly review of modern awards-Family Friendly Work Arrangements Clause and Other Matters
June 14, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench –Commission held at first instance that it could arbitrate dispute in accordance with clause 32 of the CC P/L Enterprise Agreement 2012 (the Agreement) – grounds of appeal included that Commission ought to have found that it had power to mediate or conciliate under clause 32 irrespective of consent of the parties, but only had power to arbitrate with parties’ consent – Commission found that appeal raised important questions concerning construction and application of clause 32 of the Agreement in circumstances where Commission had determined that clause 32 did not limit Commission’s power – found this to be an important matter regarding Commission’s approach in making such a determination therefore, dispute arising in this case was a matter of public interest – Commission can only arbitrate a dispute with express agreement of the parties to that dispute – as clause 32 does not represent an agreement between the parties and there has been no other express agreement, clause cannot be construed so as to allow the Commission to arbitrate dispute – Full Bench held that Commission did not have jurisdiction to arbitrate dispute at first instance as there was no express agreement between parties – permission to appeal granted – appeal upheld – decision at first instance quashed. Appeal by CC P/L t/a Cook Colliery against decision of Spencer C of 13 March 2017 [[2017] FWC 1447] Re: Construction, Forestry, Mining and Energy Union
June 14, 2017
An application for approval of the Victorian WorkCover Authority Enterprise Agreement 2016-2020 (s.185 – application for approval of a single-enterprise agreement) is with Commissioner Cirkovic in court 5 & conference room D – level 6 in Melbourne.
June 14, 2017
Twenty-six applications for unfair dismissal/contract disputes will be heard by the Fair Work Commission this afternoon. The full list is: Aviation Training Australasia Pty Ltd (Hertaeg), Warnambool Cheese and Butter Factory Company Holdings Limited (Brody), Jayride Technology Pty Ltd (Urbano), 3Q Holdings Pty Ltd (Carey), Millennium Hi Tech Group Pty Ltd (Dilworth), Ausgrid (Bailey, Godschalk), Carlo’s Super IGA (Stevens), BT Stevens & J Soames (Hyde), Sydney Trains (Buckley), SMS Operations Pty Ltd (Edgar), Rio Tinto (Ballam), Remote Fire (WA) Pty Ltd (Hayman), Aroona P&T Pty Ltd (Colella), Deavins Pty Ltd (Besnard, Eastley, Targett), AMA Hospitality (Travers), BBH Services Pty Ltd (Hipwell), NTI Limited (Post), Department of Immigration and Border Protection (Ghogha), Kosciuszko Thredbo Pty Ltd (Bosley), Koschel Developments (Castle), Melbourne City Mission (Kostas), Sharrock Trust/Semsley Pty Ltd (Williamson), Playford City Soccer and Community Club Inc (Fowler).
June 13, 2017
Fifty three labour dispute applications will be heard by the Fair Work Commission today. The full list is: Onesteel Wire Pty Ltd (Hinds), Bank Australia Limited (Raven), Fulton Hogan Construction Pty Ltd & Fulton Hogan Industries Pty Ltd (Marsh), Mais Que Nada Pty Ltd (Bohorquez Zaraza), Royal Automobile Club of Victoria (RACV) Limited (Geary), Sam Technology Engineers Pty Ltd (Bernadou), Jayride Technology Pty Ltd (Urbano), CBS Cabinets Pty Ltd (Cox), Fluor Australia Pty Ltd (Kross), Artcraft Pty Ltd (Alverson), Sydney Trains (Tanious), Bernadette Pimenta Couture (Tran), The Trustee for the Heron Family Property Trust & Oths (Salvemini), Ace Traffic Control (Hunter), Uniting Care Wesley Adelaide Inc (Marlow), Game Traffic and Contracting (Faralla), Coles Supermarkets (Ueding), Trustee for the Farmer Settlement Trust (Poke), John Holland Pty Ltd (Battye), Freddys Fishing & Outdoors (Morrah), Shailer Transport Pty Ltd (Kerr), Stegbar Pty Ltd (Staniland), Maryland Care & Early Education Centre (Connell), Celesty Family Trust Pty Ltd (Allan), I-MED Queensland Pty Ltd (Lindsay), Myrti Pty Ltd (Keirl), Illawarra Coal Holdings Pty Ltd (McLachlan), Leeton Preschool Association Inc. (Norman), National Prescribing Service (McAllan), Star Trek Express Pty Ltd (Benson, Martinez), University of Wollongong (Quinn), No 1 Riverside Quay P/L (Rajwani), Sunnyfield Disability & Loumbos (Simmonds), The University of Queensland (Deacon), SMS Operations Pty Ltd (Edgar), Bunnings Group Limited (Foyster), United Crib Block Construction Pty Ltd (Berger), JBS Australia Pty Ltd (Gumwel), Bunnings Group Limited (Foyster), Majestic Mushrooms Pty Ltd (Rose, Wongkhosawan), Sodiia Evelina Kemp (Halpin), The University of Queensland (Deacon), Buslink Queensland Pty Ltd (McNamee), MSS Security Pty Limited (Hygonnet), Dirtybits Pty Ltd (Pavlenko), Liamsans Pty Ltd (Ferguson), Uniting Care Wesley Bowden (Fowler), National Solutions Group (Andrews), Safe Places For Children Pty Limited (Charles), Health Workforce Queensland Ltd (Danielsen), SRSW Pty Ltd (Cribb).
June 8, 2017
Action Demolitions and Asbestos Removal has a s.365 (Application to deal with contraventions involving dismissal) matter before Deputy President Gooley in his Melbourne chambers (Patterson).
