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).
June 8, 2017
Twenty-nine labour related applications are due to be heard by the Fair Work Commission today. The full list is: Asahi Diamond Industrial Australia Pty Ltd (Duffy), Tuggerah Lakes Golf Club Limited (Kennedy), St Basil’s Nursing Home (Tsounias), BlueScope Steel (AIS) Pty Ltd (Cassidy), Canberra Casino Ltd (Warland), ACT Government – Transport Canberra and City Services (Thomas), Onesteel Wire Pty Ltd (Hinds), Mt Arthur Coal Pty Limited (Crebert), MSS Security Pty Ltd (Findley), Action Demolitions and Asbestos Removal (Patterson), PFP (Aust) Pty Ltd (Disselkoen), Faraz Demehri (Ligonis), Artcraft Pty Ltd (Alverson), Challenge Community Services (Barnden), Catholic Parish of Our Lady of Dolours Chatswood (Smith), Orana Incorporated (Thompson), Woolworths Limited (French), BHP Billiton Group (Johnson), Lincoln Logistics Pty Ltd (Moke), The Trustee for the Chunys Trust (Humphreys), Optus Administration Pty Ltd (Falzon), Blockey School Bus Company (Cosgrove), Sandalwood Aboriginal Projects Limited (Conlon), Easitag Pty Ltd (Vassallo), Amtek Corporation Pty Ltd (Young), Buslink Queensland Pty Ltd (McNamee), Australian Brewers Guild (Kinker), Jobco Employment Services Inc (Spilling), The Congregation of Presentation Sisters (WA) Incorporated (Wiener).
June 7, 2017
The Fair Work Commission is lined up to hear twenty-two applications involving unfair dismissal/employment disputes/contract breach and employment conditions enforcement over the next four hours. The full list is: Leeton Preschool Associaiton Inc (Norman), Rail Corporation NSW (Duraisamy), Beecroft LDC Pty Ltd (Jones), Spectrum Community Focus Limited (Valenzuela), CSR Limited (Cui), Invocare (Abboud), Mt Arthur Coal Pty Limited (Crebert), Westpac Group (Pappas), Commonwealth Bank of Australia (Bennett), FBW Gynaecology Plus Pty Ltd (Abela), Invest Blue Support Pty Ltd (Harmer), Garry Crick’s (Nambour) Pty Ltd as The Trustee for Crick Unit Trust (Parker), Origin Energy Resources Limited (Costelloe), The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane) (Lane), Barada Barna Aboriginal Corporation (Roos), HPS (QLD) Pty Ltd (Maher), Horan & Bird Energy Pty Ltd (Gaunt), Yooralla (Shannon), Kentz Pty Ltd (Ketchup, Weekley, Harbrow), BSS Group Pty Ltd (Cooper).
June 7, 2017
Twenty-six unfair dismissal/labour contract dispute applicants are lined up for hearing by the Fair Work Commission today. The current list is: Tasmanian Ports Corporation Pty Ltd (Gee), BHP Billiton Iron Ore Pty Ltd (Foster), Global Care Incorporated (Granitto), Forsight Australia (Mamo), Sydney Trains (Dhillon), Komatsu Australia Pty Limited (Kanti-Paul), ACT Emergency Services Agency (Bourne), Preformed Line Products (Aust) Pty Ltd (Burke), Newcastle Permanent Building Society Limited (Weiss), Mt Arthur Coal Pty Limited (Crebert), TasBulk Pty Ltd (Scott), The Trustee for Delahey Superfresh Unit Trust (Siljanovski), Serco Immigration Services (Anderson), Axios (O’Connor), Kronos Group Pty Ltd (Johnstone), Origin Energy Resources Limited (Costelloe), Qantas Airways Limited (Edwards, Waterhouse), Southern Star Road Pilots Pty Ltd (Gerchow), Passion Q Pty Ltd (Paul), John Flynn Private Hospital (Meredith), NT Handrails Pty Ltd (Puhia), Flight Centre Travel Group Limited (Duke), Deca Constructions Pty Ltd (Duffy), Mercy Education Limited (Murphy), Australian Bureau of Statistics (Murray).
