The Fair Work Commission will hear 36 unfair dismissal and employment breach assertions today. The list is: Hunter Valley Buses (Bushby), Transgrid (Adsett), Pocket Group Management Pty Ltd (Mciver), The Trustee for Sajasan Trust (Muhlberg, Wedding, Ashby, Kapnistis), Oscars Restaurant (Duddington), Cleaning Company (Peer), ConocoPhillips (03-12) Pty Ltd (Izett), Murdoch University (Hayes), Patrick Projects Pty Ltd (King), News Corp Australia (Takuira), BERT Fund Limited as trustee for B.E.R.T Fund No.2 (Moran), Pacific National Bulk Rail Pty Ltd (Prior), C&V Engineering Co Pty Ltd (Ferla), BRC Recruitment Pty Limited (Gayton), Dr Dan White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney (Toohey), DGL (Aust) Pty Ltd (Colless), Local Property 4 Sale Pty Ltd (Siminiuc), Jase Investments Pty Ltd Australia (Smithers), Pack Leader Group Pty Ltd (Calatzis), Horizon Global Pty Ltd (Evans), Essendon Realty P/L (Wright), Oliveri Rifat Holding Pty Ltd (Chiodo), KDR Victoria Pty Ltd (Gray), Evans Bakery Pty Ltd (Monument), Sigma Company Limited (Mitchell), Australian CrimeCommission (Knight), Apple Pty Limited (Bennett), Archer Operations Pty Ltd (Chance), Deakin University (Creamer), Molly Malones Irish Pub (Crisp), Rio Tinto Aluminium Limited (Gill), Overland Services Pty Ltd (Powell), ISS Facility Services Integrated Services (Doyle).
February 10, 2017
Ajay Konakalla has kept his unfair dismissal claim against Bendigo and Adelaide Bank Ltd alive despite an application irregularity.
February 10, 2017
The Fair Work Commission will hear 18 applications involving unfair dismissal/employment disputes today. The full list is: Robert Guy and Sons (Hooker), Wunderdogs Pty Ltd (Cameron), Sita (Kemp), Serco Group Pty Ltd (Johnson), Skill Hire WA Pty Ltd (Williams), Australian Federal Police (Davey), Lapa Armadale Pty Ltd (Charivupurayidam), Golden Hotels Pty Ltd (Mohiuddin), George Weston Food Limited (Casis), The Star Pty Ltd (Clavijo), Linfox Armaguard Pty Ltd (Power), Kmart Australia Ltd (Cortes), R&F Media Pty Ltd (Howell), Kmart Australia Ltd (Cortes), Rural City of Wangaratta (Hansen), Zippy Cleaning and Maintenance (Hughes), Demjet Pty Ltd (in Liquidation) (Rennie).
February 9, 2017
Anthony Johnston has won an extension of time to pursue an unfair dismissal claim against Empire Holdings Pty Ltd.
February 9, 2017
The Fair Work Commission will hear 19 unfair dismissal/labour dispute applications today. The list is: Dr Allan Clarke (Ham), Endeavour Energy (Mcwhirter), P & M Quality Goods Pty Ltd (Hussain), Office of Environment and Heritage NSW (Zelic), Ausguard Security Services Pty (Guirguis), Construction Staff NSW (Melim), Atanaskovic Hartnell Corporate Services Pty Limited (Kelly), TNT Australia Pty Ltd (Sefo), Weir Minerals Australia Ltd (Rigby), Civic Disability Services Ltd (Mallet), W.W Wedderburn Pty Ltd (Ho), Vital Packaging (Tan), Woolworths Ltd (Tsevelekis), ASC Shipbuilding Pty Ltd (Place & Cook and Another), Romaldi Constructions Pty Ltd (Muscara), West Motorsport Australia Pty Ltd (Steer), Million Wines Pty Ltd (Lock), Broadspectrum (Australia) Pty Ltd (Gulin), Wrest Point Casino (Rainbird).
February 8, 2017
The Fair Work Commission will hear 20 unfair dismissal/labour dispute applications today. The full list is: BHP Billiton (Desmond), TMG Argyle Pty Ltd & AMCO Argyle Pty Ltd (Dela Victoria), Anatole G Kowaliw & Associations Pty Ltd (Shaddad), Suncorp Staff Pty Ltd (Law, Managanaro), Pacific National Bulk Rail Pty Ltd (Prior), Commonwealth Bank of Australia (Oza), Alcoa of Australia Limited (Reynolds), Qube Ports Pty Ltd (Harris), Egans Asset Management (Cross), SeaRoad Shipping Pty Ltd (Miola), Professional Engineering Services Pty Ltd (Noaeen), BT Financial Group Pty Ltd & BT Financial Group Pty Ltd and Others (Robinson), Asent Pty Ltd (Delacroix), Oliveri Rifat Holdings Pty Ltd (Chiodo), Metropolitan Fire and Emergency Services Board (Stojanovska), Australian Clinical Labs (Lumagbas), Jims Cleaning (Central Qld) (Carroll), The Australian National University (Lewis), Mint International PTY LTD (Ho).
February 7, 2017
CASE PROCEDURES – stay order – s.604 Fair Work Act 2009 – appeal – Commission issued a decision granting an application by AGL Loy Yang P/L (AGL) to terminate an enterprise agreement pursuant to s.226 FW Act – notice of appeal lodged by Construction, Forestry, Mining and Energy Union (CFMEU) – notice of appeal sought stay of Decision and Order pending determination of appeal – before granting stay, Commission must be satisfied of existence of arguable case with some reasonable prospects of success concerning leave to appeal and substantive merits, and the balance of convenience must favour the order being stayed [Edghill] – CFMEU argued decision maker at first instance erred in construction of clause of enterprise agreement and by accepting an undertaking by AGL in circumstances where the clause had not been honoured – Commission of view that CFMEU’s argument satisfied first limb of Edghill – AGL proposed to give undertakings in lieu of the granting of the stay – undertakings offered did not extend to maintaining minimum staffing levels provided for by the Agreement – AGL not willing to give this undertaking as minimum staffing levels rendered AGL vulnerable to industrial action in the form of a campaign of absenteeism – CFMEU proposed to give its own undertakings to supplement grant of stay – CFMEU submitted it would undertake not to engage in industrial action and that it would recommend its members not engage in industrial action – Commission not satisfied undertakings would provide sufficient assurance no industrial action would take place – Commission satisfied balance of convenience favours grant of stay order, conditional upon the CFMEU not organising and the CFMEU’s members not engaging in any industrial action prior to the issue of the decision in respect of the appeal – stay granted subject to condition identified. Appeal by Construction, Forestry, Mining and Energy Union against decision and order of Clancy DP of 12 January 2017 [[2017] FWCA 226] Re: AGL Loy Yang P/L t/a AGL Loy Yang
February 7, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – dispute arose in circumstances where casual employees were required to perform overtime, being work that extended beyond the 36 ordinary time hours each week provided for in clause 10 of the EnergyAustralia Yallourn Enterprise Agreement 2013 – appellant had submitted that the 25% casual loading should be accounted for to establish employee’s ordinary time rate of pay before double time could be calculated – respondent claimed that it was only obliged to pay a casual employee twice the rate of pay applicable for employee’s classification level set out in Appendix 1 of Agreement – Commission found that the casual loading was not to be included in calculation of overtime – Full Bench held that Commission erred when he found that the clause was uncertain, and also erred when he relied upon the Electrical Power Industry Award 2010 to support interpretation of clause – Agreement expressly excludes the Award and further the Award expressly excludes the payment of the casual loading from the calculation of overtime – Commission also erred when he found that it was the common understanding as this was how the previous Agreement had been interpreted and applied, when there was actually no evidence on which he could make this finding – no evidence that casual employees under the predecessor agreement worked overtime, no evidence that if they did work overtime what they were paid, no evidence that the employees or the appellant knew what the casual employees were paid if they did work overtime – satisfied that the casual loading should be included in the calculation of overtime for casual employees – appeal allowed – decision at first instance quashed. Appeal by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) against decision of Gregory C of 13 October 2016 [[2016] FWC 6120] Re: EnergyAustralia Yallourn P/L
