ANTI-BULLYING – order to stop bullying – ss.789FC, 789FF Fair Work Act 2009 – previous decision [2016] FWC 2040 considered whether application had no reasonable prospect of success because applicant could not meet requirements to obtain an order to stop bullying – 789FF(1) of Act – Commission had determined applicant had not worked since April 2015 but had not been dismissed; failure to work was not connected to misconduct or poor performance; respondent’s failure to offer work was not permanent in nature – applicant employed for over 20 years with respondent casually, with instances where applicant did not perform work for more than a year – respondent now alleged that applicant had failed to turn up for a shift offered in May 2015 and was abusive to respondent, so no more shifts were offered – Commission satisfied that respondent had no intention of offering further shifts to applicant in the past year nor into the future – applicant is not at risk of being bullied “at work” and requirements of s.789FF(1)(b)(ii) of Act cannot be met. Simounds
August 19, 2016
ENTERPRISE AGREEMENTS – better off overall test – ss.185, 193 Fair Work Act 2009 – application for approval of All Trades Queensland P/L Apprentice/Trainee Enterprise Agreement (the agreement) – contest regarding relevant industrial instruments against which to apply the better off overall test (BOOT) – applicant submitted agreement should be assessed against a range of Queensland State Awards and Apprentice Orders (the State Awards) – respondent submitted the State Awards were displaced by a range of Modern Awards, and that the Modern Awards were the correct instruments for the purposes of the BOOT – while Commission satisfied that the State Awards, as award-based transitional instruments (ABTIs), covered the relevant employees immediately before 1 January 2010, no legislative provisions specify that the ABTIs continue to cover employees in lieu of Modern Awards, and nothing to suggest that Modern Awards do not cover employees where an ABTI continues to cover employees – Commission satisfied that both the State Awards and Modern Awards covered the applicant from 1 January 2010 – however, Commission also satisfied that ABTIs sunsetted on 1 January 2014 – Commission satisfied BOOT should be applied against relevant Modern Awards. All Trades Queensland P/L Apprentice/Trainee Enterprise Agreement 2015
August 19, 2016
Airways New Zealand has appointed Shelly Sydney as its new Health and Safety Manager.
August 18, 2016
Thirty-one unfair dismissal and labour dispute applicants will argue the merits of their respective cases today before the Fair Work Commission. The full list includes: Blue Star Global Logistics (Wakim), Department of Health and Human Services (Corral), Rio Tinto Iron Ore (Aparente), Kikki.K Pty Ltd (Hinchcliffe), Miami Bay Holdings Pty Ltd (Bahar), Bakersfield Holdings Pty Ltd (Colledge), K & S Freighters Pty Ltd (Millard), Mercy Public Hospital Inc (Born), MMG Australia Ltd (Harvey), Skilled Group Limited (Coleman), ACE Insurance Ltd (Blackburn, White), Broadspectrum (Australia) Pty Ltd (Argyle), Metroll Perth Pty Ltd (Spraggon), Department of Planning, Transport and Infrastructure (Williams), Scotia Inspection Consultants Pty Ltd (Cunningham), The Carducci Family Trust & The Paola Coro Trust & The Wine Bar Trust (Elsegood), Inner Western Workskills Inc (Meyer), Murray River Organics Pty Ltd (Lohmus), National Retail Association Limited (Campitelli), Staples Australia Pty Ltd (Rogers, Williams, Wu), Sodexo Remote Sites Australia Pty Ltd (Brydon), Australian Bureau of Statistics (Stuckey), Australian Postal Corporation (Cook), Northern Beaches Council (Curtis), Wellington Hotel (Freeman), McFayden Architects Pty Limited (Sweeney) and P C Brunton Electrical Pty Ltd (Ryan).
August 17, 2016
Twenty-four labour disputes will be heard before 5pm today by Fair Work Commissioners. The full list is: Lemanda Pty Ltd (Arora), Linkforce Engineering (Harrington), The Trustee for Dominique Sienna Unit Trust (Georgiou), CHEP Palelcon Solutions Pty Ltd (Muscat), Comdain Gas (Aust) Pty Ltd (Prestileo), Cardno Geotech Pty Ltd (Kek), Frank Whiddon Masonic Homes of New South Wales Pty Ltd (Weaver), Menzies International (Aus) Pty Ltd (Shrestha), ACN 129540950 Pty Ltd (Folino), Tamworth Jockey Club Incorporated & Birtles and Another (Toy), Servo Australia Pty Limited (Johnson), Optus Administration Pty Ltd (Bamji), Adairs Retail Group Pty Ltd (Perich), Broadspectrum (Australia) Pty Ltd (Appo & Amos and Others), D K Graves Pty Ltd (Graves), The Trustee for All Lifting and Safety Trust (Champion), Carbon Reduction Institute Pty Ltd (Dyson), Eyre Travelstop Pty Ltd (Cruz), BHP Billiton Iron Ore Pty Ltd (Gilpin), Hampton Transport Services Pty Ltd (Stokes), West One Property Group Pty Ltd (Harbison), ALS Industrial Australia Pty Ltd (Carter), MMG Australia Ltd (Harvey), UGL Operations & Maintenance Pty Ltd (Ciantar).
August 17, 2016
The Construction, Forestry, Mining and Energy Union and Skyhigh Tower Crane Services are involved in a s.739 (Application to deal with a dispute) brouhaha before Commissioner Hunt in his Brisbane chambers today.
August 17, 2016
The Trustee for All Lifting and Safety Trust is facing a s.394 (Application for unfair dismissal remedy) lodged by a Champion.
August 16, 2016
The nationwide focus on ratifying enterprise agreements has pushed the hearing of labour disputes off the main agenda. Only 16 cases will be heard today. The full list is: Merlin Tyres Pty Ltd (Cooper), Iluka Resources Limited (Van Royden), Woolworths Ltd (Bonham), Woomera Aboriginal Corporation (Goldsworthy), Brewarrina Business Coop Limited (Eastwood), DP World Sydney Limited & DP World Melbourne Limited (Irwin & Mavin and Others), Gungahlin Football Club Incorporated (Canosa), Commonwealth of Australia (Department of Defence) (Bebawi), Street Swags Limited (O’Dwyer), ACT for Kids (Fraser), UGL (Maloney), Ecolab Pty Ltd (Smith), Coal & Allied Mining Services Pty Limited (Kedwell), Knight Bus Services (Jorgensen), All Aged Care (Wolejko), Commissioner for Public Employment (Kakakios).
