A trickle of unfair dismissal/labour dispute applications are due to be heard today by the Fair Work Commission. The 20 applicants/respondents are: Murrumbidgee Turf Club (MTC) (Neander), Suez Environmental Pty Ltd (Adams), Navitas English Pty Ltd (Khayam), Tyco Australia Group Pty Ltd (Beshay), Anatole G Kowaliw & Associates Pty Ltd (Shaddad), Surf Pacific Pty Ltd (Barany), Woolworths Limited (Mistry), Total Marine Technology Pty Ltd (Tondut), Qube Ports Pty Ltd (Ciccone), Mercy Education Limited (Murphy), The Trustee for Oncall Personal Trust (Stanislawski), Slater and Gordon Lawyers Limited (Themistoklis), Rubi Shoes (Voss), Regis Aged Care Pty Ltd (Bernasconi), Transport Workers Union of Australia Qld Branch (Giddens), Hay Point Services Pty Ltd (Cocup, Hayes, Miller), FFS Trustee Corporation ATF First State Superannuation Scheme (Breadner), Banana Coast Community Credit Union Ltd (Murphy).
March 1, 2017
Thirty unfair dismissal/labour dispute applicants will line up to be heard in the Fair Work Commission today. The list is: Hunter Valley Premium Meats (Ramsay), Suretrak Global Pty Ltd (Konstanta), Laing O’Rourke Australia Construction Pty Ltd (Harris), Heaton-Birmingham Gardens Bowling Club Ltd (Szerszyn), Asciano Services Pty Ltd (Bryant, Hill, Lucas, Pemberton, Preston, Ross, Skinner), M.R Anderson, S.M Cardell, J Gray, P.L Karcher, C Kintis, E.J Last, J.Nickless, P.M O’Dea, M.Procter, J.D Toigo, B.H Vinning and S.R Williams in Partnership (Dabbagh), CJ EXPRESS SYDNEY PTY LTD (JIANG), The Star Pty Limited (Clavijo), Child Adolescent Psychology Services – CAPS Pty Ltd (Riolo), Endeavour Energy (Mcwhirter), Total Marin Technology Pty Ltd (Hutchinson), Sig Group International (Gonzalez), City of Swan (Lowenhoff), Qube Ports Pty Ltd (Campbell), Warringah Plastics Pty Ltd (Wigglesworth), Higgins Coatings Proprietary Limited (Hayman), Brown and Doleman Unit Trust (Hillyer), Marine Civil Contractors Pty Ltd (Powell), Ashdown Ingram (Lambourne), Laing O’Rourke Australia Construction Pty Ltd (Harris), Northern Land Council (Williams), ISS Integrated Serviced (Cornish), Centacare Catholic Family Services (Powell), Chevron Glass Pty Ltd (Steer).
March 1, 2017
A s.365 (General protections) application by Dannielle Phillips against Starlight Retail has been dismissed by the Fair Work Commission.
March 1, 2017
A s.394 (Application for unfair dismissal remedy) by Daniel Kerle against Basketball Tek Academy Pty Ltd T/A Basketballtek has been successful. The Fair Work Commission has ordered Basketballtek to pay Daniel Kerle $6,730.78 and 9.5% superannuation.
March 1, 2017
Garry Dircks has appealed the decision and order of Commissioner Bissett that he pay part of the legal costs incurred by Ecolab Pty Ltd in an unfair dismissal application in which he represented Ms Lindy Smith. But Deputy President Gooley ruled Dircks is stuck with the costs ruling.
March 1, 2017
Julie Rigby has lost her unfair dismissal case against Weir Minerals Australia Ltd.
February 28, 2017
Thirty-two applications governing unfair dismissal, employment dispute and reinstatement applications will be heard in the Fair Work Commission today. The full list is: John L Pierce Pty Ltd (Drysdale), Oracle Corporation Australia Pty Limited (Lawrence), Suncorp Staff pty Ltd (Law, Managanaro), Colin Joss & Co Pty Ltd (Haynes, Hodge), Spredfast Australia Pty Ltd (Horgan), The Star Pty Limited (Clavijo), South West Radiology Pty Ltd (Ramrakha-Sharma), Aldi Stores (A Limited Partnership) (Dunn), 3D Scaffolding (Trialonas), Negus Newsagencies Pty Ltd (Martino), Sydney Night Patrol & Inquiry Pty Ltd (Morgan), MCMLXX Pty Ltd (Spirkovski), Yaandina Family Centre (Campbell), Textile Traders (Wallam), Rural city of Wangaratta (Hansen), Health Communication Network (Davidson), St Michaels Grammar School (Stephens), Deakin University & Davies (McShane), Serco Australia Pty Limited (Panchalingam), Qube Ports Pty Ltd (Campbell), Rural Workforce Agency Victoria (RWAV) (Foster), Jobco Employment Services Inc. (Phelan), University of Canberra (Dewan), Iron Mountain Australia Group Pty Ltd (Hand), Aquatec Maxcon Pty Ltd (McMillan), The University of Queensland (Smith), Wendy’s (Ling), New Spot (Holdings) Pty Ltd (Lucia), MLG Oz Pty Ltd (Furniss).
February 28, 2017
CASE PROCEDURES – confidentiality – s.512 Fair Work Act 2009 – application lodged for right of entry permit by CEPU for Mr Metcher – permit granted with one condition on 9 May 2016 – Director of the Regulatory Branch of the Commission provided report to member of the Commission on 25 October 2016 containing allegations which may have been relevant to issuing of permit to Mr Metcher – Australian Government Solicitor (AGS) on behalf of Minister sought orders to produce documents in relation to matter – Commission issued four orders to produce on 13 January 2017 – orders served on Commissioner of Police, New South Wales Police Force, Australia Postal Corporation (Australia Post), Mr Metcher and the Proper Officer of the Divisional Branch of the CEPU – lack of agreement between parties with respect to confidentiality of some documents – Australia Post submitted confidential investigation report and advice prepared for it by law firm in relation to prior conduct of Mr Metcher was covered by legal professional privilege – AGS opposed privilege claim – submitted report may have been relevant to substantive matter to be determined by Commission due to its relation to a workplace issue – Commission’s task in right of entry matter to make broad inquiry of applicant union and official – s.512 FW Act matters to be considered to determine if applicant is ‘fit and proper person’ to hold right of entry permit, not ‘fit and proper person in general sense – Re: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia considered – Commission not satisfied report covered by legal professional privilege – found report to the extent that it relates to Mr Metcher’s conduct in relation to workplace issues and his relationship with the major employer with whom he deals was relevant to substantial issues before Commission – found parts of report protected by privilege and should be deleted from version of report inspected by parties – dispute about whether instructors/clients on each side could have access to documents produced – Commission determined to restrict access to legal representatives, instructing officers, the Minster and Mr Metcher – parties agreed various other orders should be issued – orders for confidentiality to follow. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
