Sean Jen Eyong Tan has failed to get his claim for unfair dismissal against Vital Packaging endorsed by the Fair Work Commission. Commissioner Williams in Perth on 21 February 2017 ruled Mr Tan had resigned his job and had not been unfairly dismissed.
February 22, 2017
An application for approval of the Aegis Safety Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be heard by Commissioner Gregory in his Melbourne chambers at 2pm today.
February 22, 2017
An application for approval of the First Call Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019 (s.185 – Application for approval of a single-enterprise agreement) will be decided by Commissioner Gregory in Melbourne at 10am.
February 22, 2017
William Hunuki has failed to ping Staff Australia Pty Ltd for unfair dismissal. FW Deputy President Clancy said in his ruling that Mr Hunuki failed to respond to attempts by the Commission to contact him. “He has shown no willingness to prosecute his case and he has provided no explanation for his failure to comply with directions. In these circumstances, I will exercise my discretion under s.399A(1)(b) of the Act and dismiss Mr Hunuki’s application,” said FW DP Clancy.
February 22, 2017
A heavier unfair dismissal/labour dispute caseload faces Fair Work Commissioners today. The 32 applicants and respondents are: Sand Fridge Lines Pty Ltd & Sand Fridge Lines Pty Ltd (Sullivan), Joondalup Business Association (Faulkner), Hitachi Construction & Mining Machinery (Hale), Granite Transformations Pty Ltd (Johnson), HKF Services (Australia) Pty Ltd (Macri), Bell Asset Management Limited (Redfern), Staples Australia Pty Ltd (Rogers, Williams, Wu), Doyles Restaurants Family Trust (Zhang), Hunter Valley Premium Meats (Ramsay), Cessnock Ex-Services Club Ltd (Blakemore), Hyte Formwork (New South Wales) Pty Ltd (Sams), LIGHTHOUSE BEACH REALTY (2015) PTY LTD (Rex), TriCare Limited (Moody), East Waste (Kearns), Co-Operative Bulk Handling Limited (McCarrol), Kentz PL (Carter), 5678 Performing Arts, (and) Little Dancers 5678 Performing Arts (O’sullivan), Aboriginal and Torres Strait Islander Community Health Service Ltd (Upkett), Toyota Motor Corporation Australia Ltd (Abarra), KM&T Pty Limited (Gokal), S&J Boots Pty Ltd (Grbac), Brophy Family Trust (Lappalainen), Toll Transport Pty Ltd (Pavano), Toyota Motor Corporation (Tainsh), Department of Health and Human Services (Morag), Linkforce Engineering Pty Ltd (Homsi), Helloworld Limited (Baggoley), IMAC Bricklaying (Robertson), Link Group (Balachandran).
February 21, 2017
Its a supermodel moment for Fair Work Commissioners. There are so few cases to be heard, its just not worth getting out of bed. The list today includes: North Ryde Community Pre-School Inc (Hoolahan), STAPLES AUSTRALIA PTY LIMITED (Rivas), Boral Cement Limited (Ardrey), TAL (Kumaran), Ronpom Pty Ltd (Pomering), Hi-Quality Group Pty Ltd (Stafford), Churches of Christ Community Care in NSW (Gordon), Easy Payroll Perth Pty Ltd (Wrzoskiewicz), Bankwest (Au), SAE CREATIVE MEDIA INSTITUTE (Henebery), Convatech Pty Limited (Lim), Watman Pty Ltd & Pruckner (Newett, Stephenson), Qube Ports Pty Ltd (Campbell), OTR (Smith), Islamic College of SA (Avery), Collection House Group (Kopania).
February 21, 2017
ENTERPRISE AGREEMENTS – better off overall test – ss.185, 604 Fair Work Act 2009 – appeal – Full Bench – appellant made application for the approval of the All Trades Queensland P/L Apprentice/Trainee Enterprise Agreement 2015 (2015 Agreement) – 2015 Agreement was opposed by the Construction, Forestry, Mining and Energy Union (CFMEU), the Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and Australian Manufacturing Workers’ Union (AMWU) (collectively, the Unions) – dispute in the proceedings as to what were the applicable comparator instruments for the purpose of the application of the ‘better off overall test’ (BOOT) – appellant’s position was that the applicable comparator instruments were a number of Queensland State awards and orders preserved as ‘notional agreements preserving State awards’ (NAPSAs) – Unions’ position was that the relevant instruments were the modern awards, and that the 2015 Agreement was incapable of passing the BOOT by reference to these instruments – at first instance the Commission determined the relevant modern awards were the comparator instruments – appellant contended that decision was in error and should be quashed – appellant supported by the Housing Industry Association (HIA), the Queensland Master Builders Association Industrial Organisation of Employers (QMBA), and the Group Training Association of Queensland and Northern Territory Limited trading as the Apprentice Employment Network (Apprentice Employment Network) – Full Bench considered permission to appeal should be granted – appeal raised issues which were novel, complex, and had broader implications for the pay rates and conditions of employment for trainees and apprentices in Queensland – appellant’s submissions focused upon whether the relevant NAPSAs continued to apply to, or cover, it and its employees covered by the 2015 Agreement – Full Bench considered the critical question was whether the relevant modern awards relied upon by the Unions covered employees to whom the 2015 Agreement would apply if approved (regardless of whether the NAPSAs covered or applied to such employees) – s.48(1) of FW Act provides that a modern award covers an employee and an employer if it is expressed to cover them – Full Bench considered it was clear that the modern awards relied upon by the Unions were, at the ‘test time’ for the 2015 Agreement expressed to cover various categories of employees to whom the 2015 Agreement would apply if approved – question was then whether anything in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Transitional Act) altered that position – Full Bench held Item 16 of Schedule 5 of the Transitional Act, while it operates to continue the coverage of award-based transitional instruments (ABTIs) to which it applies, does not displace the coverage of any modern award to an employee – item 16(5), while it provides that a modern award shall not apply to an employee while an ABTI still covers the employee, does not provide that a modern award shall not continue to cover the employee – Full Bench found no inherent conflict in there being coverage of an employee by two different instruments, since coverage is only concerned with the potential and not the actual application of the instrument – held decision at first instance was correct – permission to appeal granted – appeal dismissed – application for approval of 2015 Agreement referred back to Spencer C for final determination in accordance with this decision. Appeal by All Trades Queensland P/L against decision of Spencer C of 12 August 2016 [[2016] FWC 2832] Re: Construction, Forestry, Mining and Energy Union and Ors
February 21, 2017
RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the issue of a right of entry permit to its official, Mr Harkins – Mr Harkins is employed as an organiser with the CFMEU – Australian Building and Construction Commissioner did not wish to make a submission in relation to this application – application determined without hearing – considered question of whether a person is a ‘fit and proper person’ [MUA] – also considered CEPU – Mr Harkins had previously worked for Incolink and Unions Tasmania, and was an official of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), in which he was issued entry permits on three separate occasions – CFMEU filed declarations in support of application – these declarations advised Mr Harkins had received appropriate training, had not been convicted of an offence involving conduct described in ss.513(1)(b) or (c) of FW Act, and had not had any entry permit revoked, suspended or had imposed conditions on any such permit – Commission accepted the information disclosed as accurate and correct – declarations also disclosed that Mr Harkins previously engaged in unlawful industrial action constituted by a 24-hour strike of employees in the electrical industry in Tasmania, action was taken to be conduct of the CEPU and CEPU was ordered to pay a penalty in 2005 for contravening s.38 of the Building and Construction Industry Improvement Act 2005 – Mr Harkins filed a statement to the effect that he understood that he must comply with the law and gave an assurance that he will do so – Commission took into consideration the contravening conduct that resulted in the imposition of a pecuniary penalty, the significant passage of time between the conduct outlined above and the current application being made and Mr Harkins’ attitude to compliance with the law, in attributing appropriate weight to this particular permit qualification matter – previous application for a permit of Mr Harkins was made by the Tasmanian Branch of the CEPU in 2009, both the Committee of Management and proposed permit holder declarations in that matter failed to disclose the abovementioned contravention and penalty – the nature of the non-disclosure and the failure to return the Previous Permit within the statutory period was conduct of a serious kind and ought to have been included in the application for the Previous Permit – Commission held explanations provided to have been genuine and accepted that non-disclosure was one of inadvertence rather than deliberate – found ultimately, the assessment to be made is not a punitive one aimed at continuing to punish Mr Harkins for his past wrongdoing – the assessment was whether having regard to the permit qualification matters, some of which discloses past wrong doing, Mr Harkins was now a fit and proper person to hold an entry permit – application granted – entry permit to be issued. Construction, Forestry, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch
