INDUSTRIAL ACTION – order against industrial action – ss.414, 418 Fair Work Act 2009 – application by Mangoola for order that planned industrial action stop and not be organised by CFMEU – employees who work at Mangoola open cut mine (Mine) are covered by Mangoola Coal Greenfields Enterprise Agreement 2010 – Agreement passed nominal expiry date – protected action ballot order made 22 March 2017 in relation to employees at Mine – ballot conducted 13 April 2017 and results declared – various forms of industrial action authorised by majority of relevant employees – on 15 May 2017 CFMEU gave Mangoola written notice of intention of members of CFMEU who are employed by Mangoola at Mine to take protected industrial action (Notice) – Notice stated industrial action would be taken in form of ‘four stoppages of work each of two hours in duration that may be consecutive’ for each of seven consecutive days – whether Notice satisfies requirements of s.414(6) FW Act – EnergyAustralia Yallourn P/L v CFMEU considered – Mine Operations Manager gave evidence of safety related risks that would arise at Mine if work stoppages were undertaken – Commission not satisfied Notice ‘specifies the nature of the action’ within meaning of s.414(6) – held Notice did not give Mangoola opportunity to take appropriate defensive action, particularly to deal with safety risks – in order to prepare for all eventualities contemplated by Notice, Mangoola would have to plan on the basis that stoppages of work would take place during each of the three shifts (or parts of shifts) on each day the subject of the Notice, for between two and eight hours on each occasion, by CFMEU members in each Department across the Mine – Alcoa considered – Commission held in the particular practical applied circumstances of workplace at Mine, Notice would satisfy requirements of s.414(6) if it specified commencement time(s) of proposed action on each day specified in Notice – satisfied in particular circumstances of this case that in specifying ‘nature of the action’, it is necessary in context of action proposed by Notice to specify commencement time(s) of proposed action – held Notice did not satisfy requirements of s.414(6) – as a result, proposed action the subject of the Notice does not meet common requirements for industrial action to be ‘protected industrial action’ – it follows that Commission must make an order pursuant to s.418 FW Act that industrial action stop and not be organised – order made. Mangoola Coal Operations P/L v Construction, Forestry, Mining and Energy Union
May 29, 2017
ENTERPRISE AGREEMENTS – termination of agreement – ss.225, 226 Fair Work Act 2009 – application made by NQR P/L t/a NQR Grocery Clearance Stores (NQR) – initially opposed by National Union of Workers (NUW) however application subsequently withdrawn – agreement covers 14 warehouse workers – application for approval of new agreement made 21 December 2016 – Commission assessed the application but on 28 February 2017 the FWC Member Support Research Team wrote to NQR outlining a number of concerns and requesting a response – on 3 March 2017 NQR discontinued their application – NUW and NQR then engaged in further negotiations – agreement not reached and NQR made an application to terminate the Agreement – also indicated they would not seek to replace current collective agreement – Commission remained satisfied the Agreement provided terms and conditions that ensure each employee is better off overall than under the Award – the Commission received five written submissions from employees who strongly opposed termination of the Agreement – concerns related to job security and security of redundancy entitlements – no presumption agreements which have passed their nominal expiry date should be terminated – Commission not satisfied over award conditions contained in the Agreement are so onerous or significant that they could impact on employment or business viability – termination at this time and in these circumstances are likely to alter balance of power between the bargaining parties and not likely to promote productivity, employment or settle disputes – termination of the Agreement not appropriate in all circumstances – requirements of s.226 FW Act not met – application to terminate Agreement dismissed. NQR Pty Ltd and National Union of Workers Warehouse Enterprise Agreement 2015
May 29, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute about matters arising under the Futuris Automotive Interiors (South Australia) Workplace Agreement 2013 (the Agreement) and the National Employment Standards (NES) – agreed power to arbitrate – notice and redundancy provisions – whether actual notice taken into account when applying the package of redundancy entitlements – approach to proper construction considered – Golden Cockerel considered – common objective intention to be ascertained – previous practice not relevant in this case – intention arises from the particular and contrasting approach in relevant provisions when read in context – apparent from the terms of clause 3.5 of the Agreement, when read in context, that the parties intended particular arrangements to apply where a redundancy of the nature present here was to apply – this involves particular notice and other provisions, and unlike the other provisions dealing with similar circumstances, the parties have chosen to refer expressly to the notice being paid as part of a package that is to be paid to the relevant employees – proper application of agreement determined. Illingworth v Futuris Automotive Interiors P/L t/a Futuris Automotive
May 25, 2017
A 789FC (Application for an order to stop bullying) lodged by Dr Michael McShane focused on his desire to be legally represented in his dispute with Deakin University. Commissioner Bissett, in Melbourne on 22 May 2017, said yes to the request.
May 25, 2017
The Fair Work Commission will hear 26 unfair dismissal/employment dispute cases today. The full list is: One Harvest (Chand), Rise (iiWorks), Churchill Management Pty Ltd (Athanates), Telstra Corporation Limited (Milonas), Compass Group (Australia) Pty Ltd & Compass Group Bl Hospitality Services Pty Ltd and Another (Wei), New Security Solutions (Bown), Farrugia Enterprises Australia Pty Ltd (Stefanovski), Stegbar Pty Ltd (Staniland), The Information Management Group Pty Ltd (Clarke), Mothers Pantry (Moyes), Tasmanian Water and Sewerage Corporation Pty Ltd (Ponting), Trustee for the Farmer Settlement Trust (Poke), McLoughlin Butchers (Rubin), Safe Places For Children Pty Limited (Charles), Queensland Marine Holdings Pty Ltd (Cullen), Nijjar and Sons Pty Ltd (Zver Mekis), Valspar Paint (Australia) Pty Ltd (Blackhurst, Jenkins, Milburn, Szczepny, Tantuccio, Taylor), Woolworths Limited (Morris), National Prescribing Service (McAllan), BGC Contracting Pty Ltd (Ninyette).
May 24, 2017
Twenty-seven unfair dismissal/employment contract dispute applicants are to be heard in the Fair Work Commission today. The full list is: Thirty Second Bean Company Pty Limited (Zaboj), Seovic Engineering Pty Ltd (Sheridan), CSR Limited (Cui), Michael Bailey Associates Pty Ltd (Hussey), Beecroft LDC Pty Ltd (Jones), Aurizon Operations Ltd (Jones), Rex Gorell Family Group Pty Ltd (Grozdanovski), Be Inspired (NSW) Pty Ltd (Stock), Visy Board Proprietary Limited (Kennedy), The Good Guys Discount Warehouse (Australia) Pty Ltd (French), Woolworths – Kingsway (Farah), Valspar Paint (Australia) Pty Ltd (Blackhurst, Jenkins, Milburn, Szczepny, Tantuccio, Taylor), Coles Supermarkets (Price), Youth Projects Ltd (Hosking), Fanissa Pty Ltd (Versace), Geelong & Surfcoast Laundry (Richardson), Workpac Pty Ltd (Fielder), Fawcett Plumbing Pty Ltd (Knight), Petro Industrial Pty Ltd (Malyon), Queensland Marine Holdings Pty Ltd (Cullen), Open Minds Australia Limited (Seggie), Beech Constructions Pty Ltd (Seabrook).
May 23, 2017
Thirty-two applicants seeking relief from unfair dismissal or employment contract breaches will make their case in the Fair Work Commission today. The full list is: Renrut Pty Ltd (Davis), Sunrise Health Service Aboriginal Corporation (Hopp), North West Supermarkets (Johnson), Wedding Dance Lessons Sydney (Karyo), Perfect Labour Solution (Darwash), Dr Dan White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney (Toohey), Colin Joss & Co Pty Limited (Bennett), Top Juice Pty Ltd (Li), Oscars Restaurant (Duddington), St John of Gold Health Care In (Fossey, Rupp), T.I.S Engineering (WA) Pty Ltd (Edwards), Department of Education and Training (Adams), Department of Health and Human Services (Matchett), Coles Supermarkets (Price), Defence Health Ltd (Douglas), Westpac Banking Corporation & Caccavo and Another (Gregg), Wavemount Holdings Pty Ltd (Santella), Gate Gourmet Services Pty Ltd (Bernardino), MSS Security Pty Ltd (Thomas), Lynette Margaret Harris (Fleming), Iseekplant Pty Ltd (Becker), Century Yuasa Battery Pty Ltd (Kee), Life Without Barriers (Troxell), Cleveland Bowls Club Incorporated (Craig), Corporate Protection Australia Group Pty Ltd (O’Brien, Schuh), Caltex Australia Petroleum Pty Ltd (Dennison), Queensland Marine Holdings Pty Ltd (Cullen, Oates), Life Without Barriers (Seck).
May 22, 2017
Authorities were warned a schizophrenic and intellectually disabled woman had been sexually assaulted at a psychiatric hospital months before she fell pregnant there. The woman’s partner yesterday said that before the pregnancy, she had complained of being groped, pinned against walls and stalked by fellow patients at The Park Centre for Mental Health at Wacol, in Brisbane’s west. He provided documents showing he had raised concerns about her safety in a mixed-gender ward. “In the last five months, she has been sexually assaulted once, assaulted by other patients four times,” he wrote to the West Moreton Hospital and Health Service four months before the pregnancy. “You keep young female patients in … locked wards with male patients and expose them to sexual assaults.”
