ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute arising under the Patricks Terminals Enterprise Agreement 2016 (the Agreement) – application for an interim order to restrain the respondent from requiring employees working in the rail operation at the Port Botany Terminal to load empty containers from Qube container yard onto trains – applicant alleges that respondent directing employees to perform work differently to accepted practices, and alleges a suspected breach of the Agreement – Commission considered the terms of the Agreement and ss.739(4) and (5) of the Act, and determined that the Commission had no jurisdiction to determine the interim order application because the Act limits the power of the Commission to arbitrate a dispute to the express terms of the dispute resolution procedure, in this case, clause 4.2 – the industrial action subject to the s.418 application before and interim orders by Deputy President Booth and orders of the Federal Court are in relation to the ‘matter at hand’, being ‘bans on the loading or unloading of trucks arriving at the rail yard’ – Commission held that it is bound by the Federal Court order – should the Commission be incorrect in its determination of jurisdiction, it further held that the application should be dismissed as to its merits by applying the principles in ABC v O’Neill – Commission held balance of convenience does not favour interim order being granted – application dismissed – matter to be determined in proceedings on 3 May 2017. Maritime Union of Australia v Patrick Stevedores Holdings P/L
May 8, 2017
A s.365 (General protections) order sought by Paul Walker against the Australian Broadcasting Corporation has been dismissed by Fair Work Deputy President Gooley in Melbourne on 5 May 2017.
May 8, 2017
Kandice Ryan has collected $18,323 in an unfair dismissal claim against Zalcom Pty Ltd T/A Zalcom.
May 8, 2017
A mere 17 unfair dismissal/labour dispute applicants will trouble Fair Work commissioners nationwide today. The full list included three disgruntled Salvation Army ex-staff: The Junction Works Limited (Dolan), Viator Systems Pty Ltd (Antoniades), Murray Engineering Pty Ltd (Mulvaney), Baker Hughes Australia Pty Limited (Manescu), The trustee for The C D J Trust (Penfold), BHP Billiton Iron Ore Pty Ltd (Hodder), Activated Carbon Technologies (Kevin), Tiger Airways Australia Pty Ltd (Snelten), TSA (VIC) Property Trust as Trustee the Salvation Army (Vic) Social Work (Bokori-Mayman, Ewels, Talarico), Nestle Australia Ltd (Furlong), Avel Pty Ltd (Netto), Vadagnini (De Marzi), R and R Poultry Pty Ltd (Crowe), Ventia Pty Ltd (Alvisio), Anglican Community Services (Dickinson).
May 5, 2017
Only 21 unfair dismissal/contract employment dispute applications will trouble the labour market gatekeepers today. The Fair Work Commissioners will work through the following list: JB Holly Pty Ltd (Williams), Zalcom Pty Ltd (Ryan), Rogers, Seller & Myhill Pty Ltd (Gibbons), Star Track Express Pty Ltd (Gianetti), Oracle Corporation Australia Pty Limited (Lawrence), Integrated Clinical Oncology Network Pty Ltd (Squires), Coca-Cola Amatil Pty Ltd (Skoko), The Sisters of Our Lady of China Health Care Pty Ltd (Agawin), Special Broadcasting Service (SBS) (Hill), Western Sydney Community Legal Centre Incorporated (Girdler), Japeroch Investments (Hendry), Downer EDI Mining Pty Ltd (McDonald), CSL Limited (Saunders), 3D Scaffolding (Trialonas), Koschel Developments (Castle), The Trustee for O’Reilly Family Trust (Harrison), Crew Services Group (Wild), Pakenham Racing Club (Raleigh), Bunnings Group Limited (Corney), GateGourmet (Piper), GBW GAPbuster Worldwide Pty Ltd (Okamoto).
May 4, 2017
A light work load will cheer the faces of Fair Work Commissioners today. Only 14 unfair dismissal/employment dispute applications are listed for hearing. They are: PricewaterhouseCoopers (Ochiltree-Dean), Australian Diabetes Educators Association Limited (Oddy), BlueScope Steel Limited (O’Dwyer), Star City Pty Ltd (Zacovich), Kingsway Football & Sporting Club Inc (Jones), Western Power Corporation (Cope-Wyatt), National Jet Systems Pty Ltd (Kinnaird), Skill Hire WA Pty Ltd (Pemberton), RCR Corporate Pty Ltd (Bowness), Sydney Trains (Singh), Millennium hi tech (Cadd), Department of Natural Resources and Mines (Wanninayake), Oracle Financial Planning Pty Ltd (Clark), Uraidla Physio (Mitchell).
May 3, 2017
The Fair Work Commission will today hear twenty-eight unfair dismissal/labour dispute applicants. The list includes: Fieldforce Services Pty Ltd (Twigley), ACT Emergency Services Agency (Bourne), Bengalla Mining Company Pty Ltd & Darby (Robson-Pearce), Quad Services Pty Ltd (Cohen), Australian Broadcasting Corporation (Walker), Nevmat Australia (McVernon), ConvaTech Pty Ltd (Hillin), Cabrini Health Limited (Nie), State Super Financial Services Australia Limited (Bayman), NSW Trains (Ayub), The Interact Group Pty Ltd (Harding), Anglican Youth and Education Diocese of Sydney (Ballantine-Jones), Link Group (Garcia), Artcraft Pty Ltd (Alverson), Renascent Australia P/L (Maccheroni), Richard Spanicek (Javed), Epworth HealthCare (Naicker), Vivir Healthcare Pty Ltd (Nicholls), Scope (Vic) Ltd (Sekirski), Sharrock Trust/Semsley Pty Ltd (Williamson), Chicago Freight Car Leasing Australia Pty Ltd (Glynn), Estia Health (Brackley), West Motorsport Australia Pty Ltd (Steer), Dr Allan Clarke (Ham), QML Pathology (Hooper), Westpac Banking Cooperation (Menyweather), Northern Land Council (Williams), Metro Tasmania Pty Ltd (Wolfe).
May 2, 2017
Twenty-one applications for unfair dismissal/employment disputes are to be heard by the Fair Work Commission today. The list is: Swinburne University of Technology (Calleri), National Jet Systems Pty Ltd (Sidler), Samarad Pty Ltd (Thadathil Sukumaran), West Wimmera Health Service (Friebel), BHP Billiton Iron Ore Pty Ltd (Bonney), RPB Investments (WA) Pty Ltd (Henderson), Oscars Restaurant (Duddington), Oracle Financial Planning Pty Ltd (Clark), Unigrain Smeaton Mill (Chelatt Maxi), BlueScope Steel (AIS) Pty Ltd (Cassidy), Woolworths Limited (Tuliatu), Ebb and Tide Cafe (Hemingway), Jornad Pty Ltd as Trustee for the Jornad Trust (Keung), Norco Co-Operative Limited (Stephens), WH Smith Australia Pty Limited (Hawthorne), Optimum Recruitment Group (Vic) Pty Ltd (Dawe), The Cruising Yacht Club of SA Inc (Gray), Workpac Pty Ltd (Fielder), Steelworks Constructions Pty Ltd (Rafton), Gladstone Real Estate (Wesley), Premier Fire Pty Ltd (Vanham).
