A small army of unfair dismissal labour dispute applicants will parade before the Fair Work Commissioners today. The list of 38 includes: Manildra Hardwood Sugars (Ogan), CareSouth (Petrolo), Bunnings Group Limited (Alexander), OJI Fibre Solutions (Aus) Pty Ltd (Seneviratne), Easy Payroll Perth Pty Ltd (Wrzoskiewicz), Lawson Delaney Pty Ltd (Bilston-Gourley), Qantas Airways Limited (Dawson), Linfox Armguard Pty Ltd (More), Garry Crick’s (Nambour) Pty Ltd as The Trustee for Crick Unit Trust (Parker), RACQ Operations Pty Ltd (Schekoske), Coles Group Supply Chain Pty Ltd (Ly), Uniting Care Wesley Bowden (Contreras Contreras), Zippy Cleaning and Maintenance (Hughes), Inner West Towing Pty Ltd (Maynard), Construction Staff NSW (Melim), ALDI Stores Pty Ltd as General Partner of ALDI Stores (A Limited Partnership) (Miles), Toll Transport Pty Ltd (Beyrouti), Nortec Employment & Training (Bigg), The Star Pty Ltd (Clavijo), Catholic Health Care Ltd (Playford), Fork2u (Unregistered) (Burtonclay), Boral Cement Limited (Blake), CBRE (C) Pty Ltd (Manson), Derbarl Yerrigan Health Service Inc (Chibale), Taitung Australia Pty Ltd (Wong), MICM Property & Willsmere Owner Corporation (Malone), Donlyn Courier Services Pty Ltd (Thurston), Murray’s Australia Pty Limited (Soomro), Precept Services Pty Ltd (Hanson), Nortec Employment & Training (Bigg), AFS Distributors (Farrell), CCDO Family Trust and Gumley Investment Trust and NSASZA Family Trust (Richardson), Automated Solutions Australia (Mishra), Vegie Bandits Pty Ltd (Zecchini), Pioneer Credit Acquisition Services Pty Ltd (Campbell), Timberlink Australia Pty Ltd (Terry), ADCON Resources Pty Ltd (Bessell), N Q Fire Protection (Scholz).
January 12, 2017
KDR Gold Coast Pty Ltd T/A Keolis Dower Gold Coast has had its KDR Gold Coast Pty Ltd Enterprise Agreement 2016 approved by Commissioner Gregory in Melbourne on 9 January 2017.
January 12, 2017
A council staff member has been reprimanded after posting on social media that young graffiti artists deserve a “good kick up the a — e”. Shannon Cochran, who said he was employed as the City of Ballarat’s graffiti officer, made the comments while responding to a public post about graffiti on Facebook. Responding to a post from Ballarat resident Joe complaining about his recently graffitied fence, Mr Cochran offered some strong words of advice. “Hey joe, theyre (sic) mainly kids 11-16. Need a good kick up the a — e! What the hell would their parents think?!”. “Parents wouldn’t know where the little pricks r (sic) or what theyre (sic) up too!” Using more strong language, Mr Cochran continued to offer tips to Ballarat residents on how to tackle the scourge of graffiti. “If anyone out there knows the names of the little b—–ds who ruin peoples property by spraying sh-t graffiti around id (sic) love to have them n (sic) take them to the police!” City of Ballarat chief executive officer Justine Linley said Mr Cochran’s comments on social media did not reflect the official position of the council. “The organisation has advised the relevant employee accordingly and initiated further training in relation to council’s Code of Conduct and relevant policies,” Ms Linley said. “The City of Ballarat is committed to the removal of graffiti vandalism, and with limited resources works closely with community stakeholders to deliver proactive and creative graffiti prevention and removal programs.”
January 12, 2017
A s.768BA (Application for an order about coverage for transferring employees under a state instrument by The Office of the National Rail Safety Regulator has been granted by Commissioner Platt in Adelaide.
January 12, 2017
Rachelle Young has had her unfair dismissal claim against Woolworths Supermarket Mooroopna knocked back by Deputy President Clancy because “Ms Young has not completed and signed the written application and that the application was not accompanied by the fee as prescribed by the Act. The application is therefore not made in accordance with the Act. For this reason, the application is dismissed under s.587(1)(a) of the Act.”
January 12, 2017
UOW Pulse Ltd has succeeded in having its Pulse Administrative Employees Agreement – 2016 ratified by Commissioner Gregory in Melbourne on 10 January 2017.
January 12, 2017
Damon Bradley has had his unfair dismissal claim against Paynter Dixon QLD tossed out because he failed to bother turning up for the hearing.
January 11, 2017
ENTERPRISE AGREEMENTS – pre-approval requirements – ss.180, 185, 188 Fair Work Act 2009 – application for approval of a single-enterprise agreement made by Sparta Mining Services P/L – the Construction, Forestry, Mining and Energy Union (CFMEU), whilst not a bargaining representative, sought to intervene in the proceedings and opposed the application on the basis that the Agreement did not meet the statutory approval tests under the FW Act – Decision released on 5 July 2016 which considered the CFMEU’s intervention and objections to the approval [[2015] FWC 3100] – further Decision approving the Agreement released on 6 July 2016 [[2016] FWCA 4528] – CFMEU lodged an appeal against these Decisions and raised an objection not previously taken as to whether there were reasonable grounds for believing that the Agreement had not been genuinely agreed to by the employees – Full Bench noted that the CFMEU did not raise this argument in the first instance hearing, but sought a consideration of this issue in any rehearing – Full Bench referred the matter for review with reference to the Decision in KCL – whether the approval requirements in s.186(2)(a) of FW Act were satisfied taking into account the requirement in s.188(a)(i) for compliance with s.180(2); and the requirement for s.188(c) regarding whether there are no reasonable grounds for believing that the Agreement had not been genuinely agreed to by the employees [[2016] FWCFB 7057] – parties were permitted to adduce further evidence in this process – at appeal Full Bench found ‘that the three employees who voted upon the Agreement were no longer employed by Sparta, but were now employed by another labour hire company at the same coal mine sites’ – and that ‘Sparta now employs approximately 40 employees’ – Commission found that in accordance with KCL, the three employees who voted were to be paid at higher rates and with better conditions than in the Agreement (rates which would not apply to new employees who did not vote on the Agreement), indicated that the vote was not authentic, and questioned the moral authenticity of the Agreement, as the three employees had little or no real stake in the Agreement – ALDI considered – found reasonable grounds for believing that the Agreement had not been genuinely agreed to by the employees, and therefore the approval of the Agreement (based on the further facts and recent case authorities) should be quashed – Agreement also incorporated policies and procedures by reference – evidence before the Commission was that the Sparta did not take reasonable steps to ensure access to the documents incorporated – determined that the Commission cannot be satisfied that the Agreement had been genuinely agreed to by the employees, and therefore the requirement under s.188(c) was not met – Commission held that Agreement was incapable of approval and therefore, it was proposed that an Order for the revocation of the approval Decision should issue (to be affirmed by the Full Bench) – findings on s.180(2) were simply provided to discharge all matters – determined that the Applicant had not taken reasonable steps to give a copy of, or ensure access to the documents incorporated and therefore the requirement in s.188(a)(i) for compliance with s.180(2) had not been met – approval requirement in s.186(2)(a) not satisfied – matter referred back to Full Bench. Sparta Mining Services P/L Enterprise Agreement 2016
