Twenty-one unfair dismissal and labour dispute assertions will be heard by Fair Work Commissioners around Australia today. The full list includes: Broadspectrum Limited (Vine), Mt Arthur Coal Pty Limited (Muller), Benkop Investment Trust & Wilkop Investment (Donovan), Roy Hill Operations Pty Ltd (Pauling), Eastern Australia Airlines (Saha), MSS Security Pty Ltd (Carter), Serco Australia Pty Ltd (Rizk), Hunter Valley Native Seeds (Percival), Baxter Healthcare Pty Ltd (Holm), Coaching College Pty Ltd (Flanagan), M Read Pty Ltd (Jenson), Australian Government Department of Human Services (Mayor), Australian Medical Association (Victoria) Limited (Russell), Holmesglen Institute (Thorpe), Australian Postal Corporation (Krnjeta), RACV (Kyriopoulos), Dorset Stationers Pty Ltd (Van Mourik), Lawson Worldwide Forwarding Pty Ltd (Ilves), Tessa Group Pty Ltd (Kilbschon), AVJennings Holdings Limited (Newlyn), Inner Western Workskills Inc (Meyer).
September 1, 2016
A mere twenty-one cases will trouble the industrial umpire today. The full list of labour grievance applicants is: UGL Operations & Maintenance Pty Ltd (Ciantar), Central Queensland Services Pty Ltd (Engel), N Q Fire Protection (Scholz), James Cook University (Jansen), Sodexo Australia Pty Ltd (McManus), Mt Arthur Coal Pty Ltd (Parish), Francis Travel Representation Pty Ltd (Alexander), Dolphins Hotel (Brewer), Commscope (Sneddon), State of Victoria (Jew), The Lakeside Mill (Summerville), Optus Administration Pty Ltd (Bamji), Matunda Pty Ltd (Looi), Inner West Towing Pty Ltd (Maynard), Sydney Trains (Steck), Qantas Airways Limited (Dawson), Costco Wholesale Australia Pty Ltd (Farrugia), University of Western Sydney (Byrne), Gungahlin Football Club Incorporated (Canosa), Aspire Group Enterprises ATF Real Estate Prosperity Trust (Veale) and Hunter Valley Native Seeds (Percival).
August 31, 2016
Twenty unfair dismissal and labour dispute claims will be heard today. The full list is: Wilson Security Pty Ltd (Randhawa), APW Espresso Pty Ltd (Avery), Marunda Pty Ltd (Looi), Chamber of Commerce & Industry of Western Australia (Campion), Serco Group Pty Ltd (Ruiterman), Pilbara Iron Company (Services) Pty Ltd (Smith), CBI Constructors Pty Ltd (Mead), Brewarrina Business Coop Limited (Eastwood), University of Canberra (Hoyle), Baxter Healthcare Pty Ltd (Holm), United Arab Emirates Embassy (Allam), Deluxe Products Pty Ltd (Stephenson), Carmprent Pty Ltd (Andrew), Industrial Health and Research Foundation (Grills), The Building Connection Group Pty Ltd (Williams), Ford Dynasty Pty Ltd (Coulson), ASP Ship Management Pty Ltd (Evans), Bluescope Steel Limited (Wilson), Mechanical Vegetation Solutions Pty Ltd (Hayes), Aspire Group Enterprise ATF Real Estate Prosperity Trust (Veale).
August 31, 2016
Industrial Health and Research Foundation is facing a s.394 (Application for unfair dismissal remedy) lodged by a staffer (Grills).
August 30, 2016
Thirty-seven unfair dismissal claims will be aired before the Fair Work Commission today. The full list is: Logie-Smith Lanyon Lawyers (Dawson), Argosy Agricultural Group Pty Ltd (Smith), Pactera Technology International Ltd & Pactera Technologies Australia Pty Ltd (Sandiford), Child and Family Care Network Incorporated (Brouwers), O.B. George (Cunningham), SKILLED Offshore (Australia) Pty Ltd (Olsson, Gillis), Veolia Environmental Services (Mossman), Incitec Pivot Limited (Fry), Northern SEQ Distributor – Retailer Authority (Robertson), BHP Coal Pty Limited (Sayre), City of Armadale (Wheeler), Cronulla Real Estate Pty Ltd (Buck), Brewarrina Business Cooperative Ltd (Littlehales), TJ & RF Fordham Pty Ltd (Harris), Trojan King Pty Ltd (Price), Solomon Mineral & Metal Pty Ltd (Robinson), Blue Star Global Logistics (Wakim), SGE Mutual Limited (Chmait), Invocare Australia Pty Ltd (Baverstock-Ward), Big West Diesel Service P/L (Hadou), Cootes Transport Group Pty Ltd (Cuplan), Mamabulanjin Aboriginal Corporation (Singh), Australian Native Landscapes Pty Limited (Hicks), Brandiston Pty Ltd (Rotundo), Argosy Agricultural Group Pty Ltd (Smith), Baxter Healthcare Pty Ltd (Holm), DAMEC Counselling Service (Taouk-Saade), Holliwell Pty Ltd (Brown), Pactera Technology International Ltd & Pactera Technologies Australia Pty Ltd (Sandiford), HITV Communications Pty Ltd (Wan), ATB Morton Pty Ltd (Rathborne), SJJ Group Pty Ltd (Abra), Aberdeen RSL and Citizens Club (Fraser, Wilcher), Matunda Pty Ltd (Looi), MSS Security Pty Ltd (Sunder).
August 29, 2016
Thirty-eight labour disputes are up for resolution by Fair Work Commissioners today. The full list is: Gabriel’s Gateaux Pty Ltd (Bartolo), Atwood Oceanics (Carter), Milgate Primary School (Heading), Monadelphous Engineering Associates Pty Ltd (Bailey), Aberdeen RSL and Citizens Club (Fraser, Wilcher), Brewarrina Business Cooperative (Edwards-Bott), Coaching College Pty Ltd (Flanagan), Trade Port International Pty Ltd (Cairns), Easy 2C Calendar Company (Freeman, Lovett, Milijkovic), Allen Group/Allen Calendars (Hannah), Future Look Landscaping Pty Ltd (Bradbery), Macquarie Telecom Pty Ltd (Campbell), The Trustee for the Roman Catholic Church for the Diocese of Parramatta (Ramsey), Tomlia Pty Ltd (Snook), Big Far Smile Pty Ltd (Curry), Broadspectrum (Australia) Pty Ltd (Starcic), Thirsty Crow Pty Ltd (Cutts), Finuca Pty Ltd (Scott), BMD Constructions Pty Ltd (Mortyne), Downer Mining EDI (Webster), Serco Immigration Services (McAlpine), Grant Johnson Pty Ltd ATF The Grant Johnson Trust (Petrie), Merlin Tyres Pty Ltd (Cooper), Iluka Resources Limited (Van Royden), CSO Australia Pty Ltd & Griffith University and Another (Hardacre), Crowe Horwath (Aust) Pty Ltd (Whittaker), BHP Coal Pty Ltd (Little), HSE Contracting Pty Ltd (Douglas), Mount Isa Mines Limited (Ip), Laminex Group Pty Limited (Riley), Flamestop Corporate Services Pty Limited (Murray), IR Services (Qld) Pty Limited (Schulze), Go Electrical Pty Ltd (Jackson), SSL Security Service Pty Ltd (Kilden), Beachport Corporation Pty Ltd (Gladman).
August 29, 2016
TERMINATION OF EMPLOYMENT – genuine redundancy – ss. 389, 394. Fair Work Act 2009 – applicant employed as physicist – employer entered into agreement with third party company which had direct impact on at least 50% of applicant’s workload – balance of applicant’s workload being performed by another employee or contractor – only available position for redeployment was in marketing and sales – applicant not qualified for this role – satisfied that redeployment not possible – applicant’s role covered by Manufacturing and Associated Industries and Occupations Award 2010 – consultation provisions considered – general information provided to employees about possible restructure – meeting held at which the applicant was given a termination letter – no meaningful opportunity to discuss the change – not satisfied that the consultation requirements of the award were met – not a genuine redundancy – satisfied that the dismissal was unfair – reinstatement not sought by applicant and opposed by employer – compensation appropriate – probability that employment would have been ongoing was low – three weeks’ compensation considered appropriate – compensation of $2,884.50 ordered. Li v Creative Water Technology
August 29, 2016
TERMINATION OF EMPLOYMENT – misconduct – s. 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant involved in forklift incident with another employee – no damage to persons or property and applicant not at fault – applicant (and others) subsequently underwent on-site oral fluid drug test – applicant returned a non-negative result for cannabinoids – further testing indicated applicant’s exact positive reading – applicant’s employment terminated without notice on basis of breach of Drug & Alcohol policy (D&A policy) – applicant contended dismissal unfair because not wilful or deliberate breach of policy – he was advised during induction he should not smoke marijuana within three to six hours before commencement of his shift and did not do so – reasonably believed he complied with D&A policy – respondent submitted positive test result showed applicant likely consumed cannabis within the few hours before he attended at work and perhaps during break in his shift on the date of incident – applicant not open and honest about timing of his consumption – both parties provided and relied on numerous witness statements and expert reports – Commission took into account Briginshaw in consideration of disputed evidence and findings in matter – Commission found on balance of probabilities applicant consumed a significant amount of cannabis during the morning before attending his shift – given nature of the workplace Commission found it reasonable for respondent to have a D&A policy of the kind implemented and that it was important to be consistently applied – this was due to nature of workplace, risks associated with employees potentially working under influence of alcohol or illicit drugs, and the absence of an appropriate objective test for impairment – Commission satisfied a valid reason existed for applicant’s dismissal as he was in breach of D&A policy and was well aware of importance of not being in breach of D&A policy – also apparent applicant not honest with respondent during meeting – Commission satisfied applicant’s dismissal was not harsh, unjust or unreasonable – application dismissed. Clayton v Coles Group Supply Chain P/L
