Unfair dismissal/labour dispute claims lodged for hearing by the F.W.C. since Christmas include: Woolworths Limited (Hooper), P&E Foods Pty Ltd (Hassan), Charles Sturt University (Wedgwood), Qube Ports Pty Ltd (Ciccone), Aluminium Balustrades (Phillips), Wallum Nurseries Pty Ltd (Hinds), Churchill Management Pty Ltd (Athanates, Bone, Campbell, Cumming, Kaatz, Knights, Messent, Murphy, Pearce, Slattery), The Little Happy Tooth Company (Dolman), P.R Hepple & Sons Pty Ltd (Watson), Prixcar Services Pty Ltd (Rowe), Australian Wholesale Meats (Sydney) Pty Limited (Rifahi), Central Australian Aboriginal Alcohol Programmes Unit Inc (Mayes), USG Boral Building Products Pty Limited (David), Arcadia Aged Care Service (Jaswinder), Melbourne Metropolitan Fire and Emergency Services (Tanner), ER24 Pty Ltd (Fagg), AFS Distributors (Farrell), Delron Cleaning (Walker), Grace Worldwise (Australia) Pty Ltd (Mager), Vital Packaging (Tan), Woolworths Ltd (Bashir), Lapa Armadale Pty Ltd (Ahmed), Morris Corporation (Aust) Pty Ltd (Pickett), JBS Primo Queensland (McCormack), Craig Arthur Pty Ltd (Norrie), DP World Melbourne Limited (Kirkman), Airbus Group Australia Pacific Limited (McLaren).
December 23, 2016
The run up to Christmas has reduced the unfair dismissal/labour dispute list to a trickle. The eight applicants are: Tox Free Australia Pty Ltd (Volz), BBT Training Australia P/L (Phillip), Gilbarco Australia Pty Ltd (Morgan), Q Catering Limited (Shokralla), Byron Employment Services Pty Limited (Robertson), A S Harrison & Co Pty Limited (Thomson), Smoke Alarm Solutions Pty Limited (Radford), La Marzocco Australasia Lp (Tori-Lay).
December 23, 2016
An application by The Office of the National Rail Safety Regulator (s.768BA – Application for an order about coverage for transferring employees under a state instrument) will be heard by Commissioner Platt in the Fair Work Commission Level 6 Riverside Centre North Terrace Adelaide at 9.30 today.
December 23, 2016
The Fair Work Commission has ruled a s.394 (unfair dismissal) application from Richard Kemp against The Jewellery Group T/A Zamel’s is jurisdictionally barred. Mr Kemp has not been in Zamel’s employ for the requisite 6 months.
December 23, 2016
Smoke Alarm Solutions Pty Limited is facing a s.394 (Application for unfair dismissal remedy) before Deputy President Booth in the Fair Work Commission Terrace Tower 80 William Street East Sydney at 9.30am (Radford).
December 23, 2016
Ms Brook Shaune-Bould has failed to gain an extension of time to pursue Yarra Valley Farms Australia Pty Ltd for unfair dismissal.
December 22, 2016
TERMINATION OF EMPLOYMENT – termination at initiative of employer – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on the basis that the dismissal was not at the employer’s initiative, and, that the applicant was engaged under a contract of employment for a specified period of time, or a specific task – applicant employed as Painter Trades Worker pursuant to a signed contract of employment which referred to his subclass 457 visa but did not specify a particular end date – respondent formed view that suitable Australian citizens or permanent residents were readily available to fill position occupied by applicant – respondent engaged a person in position of applicant on 27 September 2016 – advised applicant on 27 September 2016 that it would not be renewing his visa and his employment would terminate with effect from the expiry of visa on 24 October 2016 – Commission found contract was not for a specified period of time or task due to absence of end date together with capacity for termination at any time – found respondent made decision not to seek to renew applicant’s subclass 457 visa – reflects decision made at initiative of employer – applicant no longer being able to work in Australia when visa expired – continuing issues relating to applicant’s work injury and payment for costs associated with return airfares to Philippines – Commission not satisfied that application was frivolous, vexatious or had no reasonable prospect of success – application will be listed for consideration of the merits – Commission to conduct a further attempt at conciliation. Sinatad v Aquatic Leisure Technologies atf Aqua Technics Unit Trust
December 22, 2016
CASE PROCEDURES – referral to Full Bench – ss.394, 615, 615A Fair Work Act 2009 – application for direction pursuant to s.615 of FW Act that a matter be referred to a Full Bench – referral application related to unfair dismissal application lodged by applicant – facts of alleged dismissal in dispute – respondent raised jurisdictional objection – applicant sought direction that a Full Bench hear respondent’s jurisdictional objection – under s.615A necessary for President to consider whether in the public interest to refer matter to Full Bench – expression ‘in the public interest’ imports a discretionary value judgment to be made by reference to undefined factual matters and confined only by subject matter, scope and purpose of relevant statute [O’Sullivan v Farrer in Collinsville Coal Operations P/L] – Commission found three matters tended against granting the referral – first, efficiency favoured determination of disputed facts relevant to the jurisdictional objection by a single Member at first instance – second, as application only related to jurisdictional objection, if objection dismissed, merits would then be referred to a single member for determination – likely to lead to delay and further costs to parties – third, not a case where there were inconsistent first instance or Full Bench decisions regarding central issue in dispute – President found on balance not in the public interest to make referral – in relation to applicant’s alternative application under s.615A, President not persuaded that it was appropriate to refer jurisdictional objection to a Full Bench – applications dismissed. Khayam v Navitas English P/L t/a Navitas English
