A s.394 (Unfair dismissal) assertion by Barsham Bashir against Woolworths Ltd T/A Woolworths Mirrabooka has washed out.
January 23, 2017
A s.222 (Application for approval of a termination of an enterprise agreement) by ASP (Asbestos Solutions Professionals) Pty Ltd & ASP Administration Pty Ltd T/A ASP Australia and ASP Administration Pty Ltd of its ASP Enterprise Agreement 2015-2019 has been agreed by Senior Deputy President Drake in Sydney on the 20 January 2017.
January 23, 2017
Twenty one unfair dismissal/contract dispute applications will be heard by the Fair Work Commission today. The full list is: SSL Security Services Pty Ltd (Norris), Safeguard Home Improvements Pty Ltd (She), Mirvac Projects Pty Ltd (Maclean), Toll Transport Pty Ltd (Ristevski), SuperBoom CE Pty Limited (Dolan), Media V Pty Ltd (Waterson), National Maritime Services Pty Ltd (Campbell, Donato), Anglican Diocese of Newcastle (Cleary), St Michaels Primary School North Melbourne (Ozbun), Accenture Australia Pty Ltd (Tan), Country Direct Foods Pty Ltd (Gadani), ANZ (Kannan), Australian Postal Corporation (Joske), National Rural Independents Limited (McShane), Stellarcare Pty Ltd (Ladlow), Northern Land Council (Williams), Telstra (Hunter), BHP Coal Pty Ltd (Geissmann), Solar Station Alpha Pty Ltd (von Erkel), The Associated Newsagents Co-operative (SA) Ltd (Cook).
January 20, 2017
Malcolm Bigg has been refused permission to appeal an award of $3,520 from NORTEC Employment & Training Limited. The FWC had previously found that notwithstanding a valid reason for dismissal, it had been implemented via an unreasonable and unjust process.
January 20, 2017
Thirty-four unfair dismissal/labour dispute applications are due to be heard by the Fair Work Commission today. The full list is: CLR Ventures Pty Ltd (Avery), Ventec Australia Pty Ltd (Picot), Gonzalez Steel Pty Limited (Gay), Steggles Poultry Processing Pty Limited (Walker), Rock N Road Bitumen Pty Ltd (Purcell), Mary Mackillop Aged Care SA (Lehmann), Risk Protection Group (Khan), Metro Trains Melbourne (Kumari), Mills Glass Pty Ltd (Moffatt), LED Technologies Pty Ltd (Somogyi), Civmec Construction & Engineering Pty Ltd (Dickinson), WBHO Infrastructure Pty Ltd (Angi), City of Stirling (Sayers), Kimberly-Clark Australia Pty Ltd (Skyrus), JD Taylor Family Trust (Midon), Australasian Mail Services Pty Ltd (Sikder), Toll Ipec Pty Ltd (Barrionuevo), Woolworths Limited (Fitzgerald), L & S Realty Pty Ltd (Perenara), Construction Staff NSW (Melim), The Star Pty Ltd (Clavijo), BRC Recruitment Pty Limited (Gayton), Baxter Healthcare Pty Ltd (Portelli), Sing Tao Newspapers Pty Ltd (Au), Swan Hill Accounting Services (Marsh), Airport Data Electrical (Vella), SAW CREATIVE MEDIA INSTITUTE (Henebery), French Par-Bake (Keogh), Avenues Early Learning Centre Pty Ltd, Cynas Childcare Trust and HC Yang Childcare Trust and Wu and KUO Childcare Trust (Ferguson), Chopped Food Brisbane Pty Ltd (Thompson), Molly Malones Irish Pub (Crisp).
January 19, 2017
Eighteen unfair dismissal/labour dispute applications are due to be heard today by the Fair Work Commission. The full list includes: Mt Arthur Coal Pty Limited (Muller), Brightlife Nominees Pty Ltd (Clucas), Ferngrove Pharmaceuticals Pty Ltd (Manda), Deluxe Entertainment Services Group (Krsmanovic), Branski Pty Ltd (Rahman), Boral Cement Limited (Blake), Green Mountain Food Processing (Abraham), Southern Suburbs Football Club (Mackay) Inc. (Conelius), Airbus Group Australia Pacific Limited (McLaren), Gold Training Pty Ltd (Carroll), Griffith University (Berkers), Police Financial Services Limited (Iacono), Metro Trains Melbourne (Kumari), Stihl Pty Ltd (O’Shea), Glen Iris Day Care Centre (Miller), RJVincent (Charnock), Bicycle South Australia Inc (Bridge), Millenium Services Group Ltd (Hanneman).
January 18, 2017
ENTERPRISE BARGAINING – majority support determination – ss.236, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance Commission determined that 25 May 2016 represented the most appropriate time for determining whether majority support for bargaining existed – satisfied majority of employees support bargaining for an enterprise agreement – appellant sought permission to appeal – whether in public interest is a discretionary test involving broad value judgment [GlaxoSmithKline] – in public interest to grant permission to appeal – Full Bench satisfied important questions raised concerning the application of s.237 of FW Act in circumstances where Commission’s discretion to determine whether a majority of employees wanted to bargain is an issue in dispute – important matter regarding Commission’s approach in such a determination – Full Bench only authorised to set aside the decision if error on part of decision maker has been demonstrated – not authorised to substitute its own discretion [House v The King] – appellant submitted that amongst other things ss.237(2) and 237(3) erroneously applied – decision is to be made on the basis of the most current material available to the decision maker [PekoWallsend] – respondent submitted amongst other things that all that is necessary is that the Commission consider the method selected as appropriate to expose a majority – Full Bench found that s.237(2(a)(i) is directed at fixing time at which the Commission determines who are the persons employed only – Full Bench agreed with appellant – not open to Commission to determine a point in time other than the time of the decision as the time at which a majority of employees could be said to want to bargain – identified that Commission did not take into account the most current information available to him at the time of determination – found that appellant demonstrated a House v King error in Commissioner’s decision – appeal upheld and decision at first instance quashed – matter referred to Johns C. Appeal by Kantfield P/L t/a Martogg & Company against decision of Ryan C of 9 September 2016 [[2016] FWC 6473] Re: Australian Workers’ Union, The
January 18, 2017
CASE PROCEDURES – referral to Full Bench – ss.512, 615A Fair Work Act 2009 – application for President to direct a Full Bench to perform a function – CEPU had made an application for an entry permit for Mr Metcher – Mr Metcher holds the office of Branch Secretary of the NSW Postal and Telecommunications Branch of the CEPU – Commission Member was satisfied Mr Metcher was a fit and proper person to hold a permit under s.512 of FW Act and issued decision granting application – subsequent Report by Director of Commission’s Regulatory Compliance Branch requested that consideration be given to variation or revocation of the decision on basis that Mr Metcher had failed to disclose a number of assault charges in August 2007 and that the charges were the subject of court proceedings – matter was allocated to same Commission Member and listed for hearing – Minister applied for the matter to be referred to a Full Bench – submitted significant public interest considerations raised which warranted attention of the Full Bench – firstly, whether or not charges of assault and court proceedings concerning alleged incidences of domestic violence are matters relevant to the ‘fit and proper person’ assessment for purposes of s.512 – secondly, whether or not there should be disclosure to the Commission of such charges and related court orders – CEPU then advised Commission that as Mr Metcher had stood aside from duties of Branch Secretary, did not need to exercise a right of entry – returned permits and requested that they be administratively cancelled – further requested the listing be vacated and proceedings treated as closed – AGS submitted that Commission should proceed to decide under s.603 whether or not to revoke or vary the decision and to consider whether or not Mr Metcher was a fit and proper person to hold a permit – President noted the revocation or variation of decision required the exercise of the power in s.603 – broad discretionary power – generally only exercised where there has been a change in circumstances such as to warrant the revocation or variation of original decision or where original decision was based on incomplete or false information – decision to issue entry permit may be revoked if, in relation to one or more of the ‘permit qualification matters’ in s.513(1), the decision had been made on incorrect facts – in the usual course, the Member whose decision is to be reconsidered is in the best position to determine whether their decision should be varied or revoked because it was based on an incomplete factual matrix – President did not accept submission on behalf of Minister that usual practice should be departed from because of the importance of the issue of principle to be determined – given the nature of the matter sought to be referred to a Full Bench, being an own motion proceeding in which Member to consider, whether or not to revoke or vary own decision, and the availability of the review mechanism in s.605 to deal with any alleged error in the Member’s determination of the issue of principle, President not satisfied that it was in the public interest to refer the matter to a Full Bench under s.615A – Minister not having a right to be heard in the proceedings before the Member not a consideration which enlivened public interest test under s.615A – President not satisfied that it was in the public interest to direct a Full Bench to hear and determine the application under s.512 – application refused. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Communications Division – New South Wales Postal and Telecommunications Branch v Metcher
