CASE PROCEDURES – evidence – production of documents – s.512 Fair Work Act 2009 – application for orders for the production of documents – application by the CEPU for a right of entry permit for Mr James Metcher – Minister for Employment granted leave to intervene on a general basis – Australian Government Solicitor made application for four orders to be served on the Commissioner of Police, New South Wales Police Force; the Australian Postal Corporation; the proper officer of the divisional branch of the CEPU; and Mr Metcher – Commission has power under s.590(2) of FW Act to inform itself – approach of Commission in Clermont Coal considered and adopted – satisfied that general and broad power to order production of documents should be exercised – material sought is clearly relevant and necessary for fair determination of matter – orders issued. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Communications Division New South Wales Postal and Telecommunications Branch
January 23, 2017
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
