An application for approval of the Firesafe Systems Pty Ltd and CEPU – Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2016-2019 (s.185 – Application for approval of a single-enterprise agreement) will be heard by Commissioner Lee in his Melbourne chambers.
September 9, 2016
Twenty-five of the fifty unfair dismissal/labour dispute cases to be heard by the Fair Work Commission today emanate from Skilled Offshore (Australia) Pty Ltd. The full list is: Skilled Offshore (Australia) Pty Ltd (Ainsworth, Byrne, Chisholm, Creely, Crumlin, Dennison, Hicks, Kapperer, Keane, Latta, Leary, Macdonald, McCabe, Mcgregor, McKenzie, Mcpherson, Moreno, Olsson, Pitt, Raumati, Scott, Smith, Tate, Watson, Willis), Electricity Networks Corporation (Healy), James Cook University (Smith), Defence Health Ltd (Nally), Yarrawonga Lake Resort Villas Pty Ltd (Ratcliffe), Cardwell Enterprises Pty Ltd (Simmons), Zone Security Pty Ltd (Karkun), Matthew Thomas Kennedy trading as Matt’s Bakery Cafe (McDonald), Mt Arthur Coal Pty Ltd (Goodall), Sydney Water Corporation (Peterski), Quality Bakers Australia Pty Ltd (Quispe), Wideform Pty Ltd (Trajkov), Anytime Australia Pty Ltd (Anthony), Royal Automotive Club Queensland (RACQ) (Massimissa), IBM Australia Ltd (Springmeyer), Warring Plastics Pty Ltd (Wigglesworth), City of Casey (Banks-Smith), Lawson Worldwide Forwarding Pty Ltd (Ilves), USG Boral Building Products Pty Ltd (Palmer), ZNX Pty Ltd (Bruce), Broadspectrum (SA) (Sadler), Moonta Health & Aged Care Inc (Maggi), Tessa Group Pty Ltd (Klibschon), BHP Billiton Mitsui Coal Pty Ltd (Peters), Rand Transport 1986 Pty Ltd (Triggell), Ardent Leisure Limited (Ranch).
September 8, 2016
Twenty-seven unfair dismissal claims will be picked apart by Fair Work Commissioners today. The list of applicants includes: Asplundah Tree Experts (Australia) Pty Ltd (Corbett), Liddell Colleries Pty Limited (McKenzie), James Cook University (Smith), Australian Native Landscapes Pty Limited (Hicks), Telum Precast (NSW) Pty Limited & Myles and Others (Howarth), National Film & Sound Archive (Constable), Capital Landscape Contractors Pty Ltd (Elford), United Management Services Pty Ltd (Court), Cement Australia Pty Limited (Perceval), Byron Group Holdings Pty Ltd (Lekov), Eve O & G (Cox), Tresmine Pty Ltd (Ha), Sydney Water Corporation (Petreski), DP World (Fremantle) Ltd (Moylan), Asciano Services Pty Ltd (Ellery), Victoria Police (Verma), National Retail Association Limited (Campitelli, Nimmo), CPB Contractors Pty Ltd (Flavell), Orora Limited & Orora Limited (Cajdin), Ecolab Pty Ltd (Smith), Anatole G Kowaliw & Associates Pty Ltd (Bernie), Australian International Academy of Education Inc (Badawi), Cairns Coach Care Pty Ltd (Johns), J Mathews Pty Ltd (Lambert), Broadspectrum (SA) (Sadler), Peter Balnaves (Galil).
September 7, 2016
Thirty-three labour dispute applications are listed for hearing today in the Fair Work Commission. The full case load is as follows: James Cook University (Smith), Seven Network (Operation) Limited (Dovico), Queensland University of Technology (Delaat), Community Services #1 Incorporated (Robertson), Zrtexact Pty Ltd (Power), Australian Comfort Group Pty Ltd (Sampson), Western Sydney University (Byrne), Staples Australia Pty Ltd (Rogers, Williams, Wu), Big Fat Smile Pty Ltd (Curry), Nelson (Aust) J A Pty Ltd (Lau), Endeavour Energy (McWhirter), Pilbara Iron Company (Service) Pty Ltd (Fountain), Award Signs (Heller), VGW Investments Pty Ltd (Morton), SMR Learning Services Pty Ltd (Hayes), GO Marine Group Pty Ltd (Verignon), Ceva Logistics (Broukoumis), Toll Liquids (Greig), Elbarki Nominees Pty Limited (Jackson), Sensis Pty Ltd (Manticas), Turi Foods Pty Ltd (Nipoe), Toyota Motor Corporation Australia Limited (Wessley), Cabrini Health Limited (Kent), Trade & Investment Queensland (Lim), Jain Pty Ltd (Michael), ASP Ship Management Pty Ltd (Evans), Vertest Pty Ltd (Green), Walls Bros Furniture & Upholstery Pty Ltd (Fahy), Unity Group Ned’P Pty Ltd (Howard), Penrice Soda Products Pty Ltd (Klemm), Department of Planning, Transport and Infrastructure (Williams).
September 7, 2016
An application for approval of the Melbourne Construct Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Commissioner Gregory in his Melbourne chambers at 13.45
September 6, 2016
The full list of unfair dismissal and labour dispute cases to be heard by the Fair Work Commission today is: Commonwealth of Australia (Favas), Coffee Works Arabica Coffee Australia Pty Ltd Home to the Coffee Works (Ruffles), AGL Energy Limited (Green), Mercato Enterprises Pty Ltd (Joseph), DP World Sydney Limited & DP World Melbourne Limited (Irwin & Marvin and Otehrs), Lipa Pharmaceuticals Ltd (Lal), City Centre Newsagency P/L (Thompson), J Pilc & MA Pilc (Baxter), Martin-Brower Australia Pty Ltd (Newall), The Trustee for Dickson Trust (Murphy), Sales Pond Pty Ltd (Obagbemi), Job Centre Australia Pty Ltd (Skeen), Hawkesbury Community Outreach Services (Knott), Cootes Transport Group Pty Ltd (Cuplan), Linfox Australia Pty Ltd (Waters), Serco Group Pty Limited (Busuttil), Inner South-West Community Development Organisation (Samuel), Taitung Australia Pty Ltd (Wong), Golden Corridor Management Pty Ltd (Howley), NSW Bricks (Lauria), Fairbridge Village WA Inc (Hardie), Serco Group Pty Ltd (Karnicki), Yulella Aboriginal Corporation (Williams), LUCRF Pty Ltd (Lollio), Timothy James Hughes (Bryson), Visionstream Pty Limited (Evans), Monash Health (Gwozdziewski), The trustee for Claerwen Family Trust (Kerry), HHR Hotel Services Pty Ltd (Khan), Don Watson Pty Ltd (Smith), Central Queensland Services Pty Ltd (Engel), The University of Queensland (Frijters), RH Prosperine Pty Ltd (Lee), Tessa Group Pty Ltd (Kilbschon), NTI Limited (Post), Blackfairs Priory School (Gregg), Wakerley & Giddings (Hazeldine), Terrex Seismic Pty Ltd (Keat, Lewis).
September 6, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute regarding shiftworkers who work additional hours being paid in accordance with provisions of clause 30.2(a) of the Joinery and Building Trades Award 2010 – award provided overtime rate of 200% for all work done by shiftworkers outside ordinary hours – respondent submitted shiftworkers are correctly paid in accordance with provisions of clause 12.5 of the Core Toughened P/L and CFMEU (FFTS Branch) Enterprise Agreement 2012 – 2015 which provides additional hours be paid at 150% for the first two hours and 200% for hours thereafter – CFMEU contended this clause did not specifically deal with overtime worked by shiftworkers – as such it submitted that clause 30.2(a), being incorporated into the agreement by clause 2.1, was not overridden by any inconsistent provision – respondent submitted that clause 12.5 was inconsistent with clause 30.2(a) and should prevail over it due to the operation of agreement clause 2.2 – also submitted that the provision contained in clause 12.5 ‘covered the field’ – Golden Cockerel applied – held there is no ambiguity or uncertainty as to the operation of the clauses 2.2 and 12.5 as they both deal with setting rates for additional hours – also held that the operation of clauses 2.4, 12.2 and 12.5 are not ambiguous or uncertain as they preserve the pre-existing above agreement conditions, including the entitlement of shiftworkers to a higher rate for additional hours worked – Commission concluded that shiftworkers who commenced employment after the commencement of the agreement are entitled to payment for additional hours at the rate specified by clause 12.5, while those who were employed prior are entitled to the rate specified by clause 30.2 of the award – additionally, Commission held that shiftworkers are entitled to the benefit of a minimum overtime period or payment as provided by clause 30.6(c) of the award. Construction, Forestry, Mining and Energy Union v Core Toughened P/L
September 6, 2016
TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as finance manager dismissed for unsatisfactory conduct – respondent claimed actions of applicant in submitting BASS statements without Director’s approval caused significant harm to company – Commission found no valid reason for dismissal – applicant not put on notice that employment at risk concerning either conduct or performance – no written or verbal warnings made – absence of procedural fairness – held dismissal unfair – compensation of $16,816 ordered. Schneider v Eliana Construction and Developing Group P/L
