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
December 22, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – appellant worked as law lecturer at a university – advised of intention to resign from employment – University withdrew prior approval and funding for appellant to attend two overseas conferences – directed appellant to take accrued annual leave – Commission found respondent had exercised managerial prerogative in line with the University’s policies which the Commission had no proper basis to interfere – found no breach of the NES or denial of natural justice – Full Bench held grounds of appeal would attempt to re-argue the case put before the Commission – not satisfied that appeal grounds had substance – permission to appeal refused. Appeal by Owoeye against decision on transcript of Platt C of 27 September 2016 Re: University of South Australia
December 22, 2016
Twenty-two unfair dismissal/labour disputes are to be heard today in the Fair Work Commission. The full list is: Mt Arthur Coal Pty Limited (Muller), Jalygurr-Guwan Aboriginal Corporation (Abdullah), Salvation Army (Walker), Macquarie Area Rehabilitation Specialties Inc (Hayward), Inghams Enterprises Pty Ltd (Tefera), Skill Hire WA Pty Ltd (Williams), The trustee for the Express Parts Trust (Corcoran), Hidden Valley Equestrian Centre (Loeb), Deakin University (Weber), Swinburne University of Technology (Dalziel), TGIF Asia Pacific Unit Trust (Keelan), ABCorp Australasia Pty Ltd & Christo and Others (Loy), Passion For Pets Corporation Pty Ltd (Howes), Police Financial Services Limited (Iacono), Viterra Operations Pty Ltd (Shearing), Lifestyle Supports Pty Ltd (Williams), Woolworths Ltd (Pryor), Molly Malones Irish Pub (Crisp), JPM Corporation Pty Ltd (O’dwyer), BAE Systems Australia Limited (England), Vadasz Lawyers (Stevens), Emali Early Learning Centre (Buller).
December 22, 2016
Mr Peter Watts has won a $110,548 payout from Oaky Creek Coal Pty Ltd. Deputy President Asbury in Brisbane on the 19 December 2016 ruled he had been unfairly dismissed.
December 21, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal remedy made 15 days late – applicant’s representative lodged application pursuant to instructions on 11 August 2016 – respondent submitted applicant informed of dismissal during meeting on 7 May 2016 – no letter of termination, or any other written communication provided – applicant submitted termination of employment took effect 6 July 2016 whilst he was on annual leave in Malta – received text messages from co-workers suggesting his employment was terminated – applicant telephoned respondent on 6 July 2015 where dismissal was confirmed – applicant decided to extend overseas trip by approximately two weeks – applicant employed by respondent for almost six years, entitled to four week notice period upon dismissal – Commission found had applicant been given notice to which he was entitled, effective date of dismissal would have been 3 August 2016 – application lodged on 11 August 2016 would have been made within time – found absence of prejudice to respondent and merits of applicant’s case were good – extension of time granted. Galea v Billabong Custom Caravans P/L
December 21, 2016
Quintin Miller made a complaint of unfair dismissal against the MacDonnell Regional Council and then proceeded to turn his back on the process and blanked Fair Work Commissioner Wilson’s attempt to adjudicate impartially. So Miller’s application has been consigned to a waste bin.
December 21, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute about warnings given to an employee of Bluescope and Bluescope’s alcohol and drug testing procedure under Lysaght Lyndhurst Workplace Agreement 2014 – Bluescope submitted that Agreement did not provide for disputes in relation to misconduct being dealt with under dispute resolution procedure – scope of Commission’s power determined by the terms of the agreement – Golden Cockerel considered – Commission found uncertainty about the meaning to be attached to the words ‘other employment related matters in the normal course of work’ – found scope of the exclusion of issues relative to health and safety was also uncertain – satisfied dispute resolution procedure did not apply to disputes relating to misconduct – application dismissed. The Australian Workers’ Union v BlueScope Steel Limited t/a Lysaght
December 21, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant was retired on grounds of medical incapacity – was last at work in February 2008 – respondent objected to application being made out of time – date of dismissal in dispute – reason for delay was that the applicant believed dismissal on hold pending a Board of Reference decision – respondent submitted date of dismissal was clearly communicated prior to dismissal – dismissal letter to applicant indicated there were other legal remedies available under the Fair Work Act – that an employee has been put on notice about time limits at the time of dismissal weighs heavily against exercising discretion to extend time for making the application [Smart] – Commission not satisfied that exceptional circumstances existed – application dismissed. Krnjeta v Australian Postal Corporation t/a Australia Post
