TERMINATION OF EMPLOYMENT – high income threshold – ss.382, 394 Fair Work Act 2009 – application for relief from unfair dismissal – jurisdictional objection – respondent submitted applicant earned in excess of the high income threshold – not protected by unfair dismissal legislation – applicant submitted he was performing the duties of a plant operator and as such he was covered by either the Guma ICRG JV P/L Base Enterprise Agreement 2013 (Agreement) or the Building and Construction General On-Site Award (Award), thus he was protected by unfair dismissal legislation – respondent submitted in response that the applicant was employed as a supervisor and therefore the Award or Agreement did not apply – further submitted he was not employed as a plant operator and any plant operator duties he performed were in breach of his position responsibilities – Commission first considered the ‘principal purpose’ test in McMenemy to determine what position the applicant was employed in at the time of dismissal – considered evidence from both parties – held at the time of dismissal applicant was engaged principally to perform the role of supervisor – Commission then considered whether the Agreement or Award would cover a supervisor – held Agreement classifications do not include the role of supervisor – applicant not covered by Agreement – held Award does not cover employees who are employed as supervisors or on a supervisory level – applicant not covered by Award – applicant not protected by unfair dismissal legislation – jurisdictional objection upheld – application dismissed. Matera v Guma ICRG JV P/L
August 12, 2016
TERMINATION OF EMPLOYMENT – national system employer – s.394 Fair Work Act 2009 – applicant initially employed by Nestle Australia – signed a new contract of employment with Nestle (PNG) Ltd (Nestle PNG) – place of work located in Port Moresby PNG – applicant claimed unfair dismissal by Nestle Australia – respondent objected to the application and claimed applicant was employed by Nestle PNG – contended that applicant was not a national system employee – Commission found that applicant was employed by Nestle PNG which was a foreign corporation – Commission held that Nestle PNG was not a national system employer – application dismissed. Hatherall v Nestle Oceania t/a Nestle Australia Ltd
August 11, 2016
Six of today’s 29 labour dispute cases involve Patrick Projects Pty Ltd. The full Fair Work Commission hearing list today is: Bunnings Building Supplies Pty Ltd (Collins), Patrick Projects Pty Ltd (Deeney, Hughes, King, Park, Seiffert, Strauss), Citywide Service Solutions (Stone), Australian Broadcasting Corporation (Cafe & Himmelhoch-Mutton), CMIB Insurance Services P/L (Finemore), McDonalds – Balwyn (Mazzocca), Kitty Burns (Cooper), Straightline Excavators Pty Ltd (Narce, Jr), Tomizone Limited (Wu), APW Espresso Pty Ltd (Avery), Specialist Diagnostic Services Pty Ltd (Moore), The Jewellery Group Pty Ltd (Tsilivis), The Game Sports Bar (Sheridan), ACT Government as represented by the Health Directorate (Richardson), UPA Murray River Region (Watts), The University of Newcastle (Wilks), Broken Hill Operations Pty Ltd (Remmert), Pizzata Direct Pty Ltd (Imondi), The War Veterans’ Home Myrtle Bank Incorporated (Williamson), Serco Group Pty Ltd (Ruiterman), Southport Australian Rules Football Club Ltd (Maric), ISS Security Pty Ltd (Bennett), Ludowici Sealing Solutions Pty Ltd (Koulouris), Len Smith Carpet Court (McInnes).
August 11, 2016
An application for approval of the Proficient Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2016-2019 (s.185 – Application for approval of a single-enterprise agreement) as well as an application for approval of the Specialist Electrical Engineering Group Pty Ltd (SEEG) Enterprise Agreement – 2016/2019 – Regional Queensland Minor Works (s.185 – Application for approval of a single-enterprise agreement) will both be heard by Fair Work Commissioner Cirkovic in his Hobart chambers.
August 10, 2016
Sixty unfair dismissal cases will absorb the Fair Work Commission today. One cluster involves 26 ex-employees of Skilled Offshore (Australia) Pty Ltd. The full list is: Metro Trains (Kaur), Ambulance Victoria (Davis), Skilled Offshore (Australia) Pty Ltd (Ainsworth, Byrne, Chisholm, Creely, Crumlin, Dennison, Gillis, Hicks, Kapperer, Keane, Latta, Leary, Macdonald, McCabe, McGregor, McKenzie, McPherson, Moreno, Olsson, Pitt, Raumati, Scott, Smith, Tate, Watson, Willis), Compass Group Australia Pty Ltd (Kapeli), Patrick Projects Pty Ltd (Deeney, Hughes, King, Park, Seiffert, Strauss), Hutt Street Centre (Sorrell), Commonwealth Department of Prime Minister and Cabinet & Stokes (Hall), G4S Custodial Services Pty Ltd (Doran), Amritsar Solutions Pty Ltd (Forkes), The University of Newcastle (Wilks), Marist Youth Care Limited (Magirazi), Limestone Coast Health Unit Trust (Paltridge), MMG Australia Ltd (Harvey), Salon Inspired Hair & Beauty (Hockley), Toyota Motor Corporation Australia Ltd (Abarra, Tainsh), Bendigo Health Care Group (Logan), NSW Trains (Ayub), Anglican Care (Charles), Sydney Night Patrol & Inquiry Co Pty Ltd (Palm), Sydney Water Corporation (Peterski), Toll Holdings Limited (White), Cardno Geotech Pty Ltd (Kek), Temples (WA) Pty Ltd (Bayley), Citic Pacific Mining Management Pty Limited (Kong), Hutt Street Centre (Sorrell), Brewarrina Business Coop Limited (Eastwood), Laverty Pathology (Pasion), Titan Plant Hire (Van Malsen), Electricity Networks Corporation (Townsley).
August 10, 2016
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Southern Air (Tas) Pty Ltd will contest a s.739 (Application to deal with a dispute) today before Fair Work Commissioner Cirkovic in Hearing Room 8, on the First Floor in Hobart.
August 10, 2016
A man was unjustifiably dismissed from his job as an account manager one month after suffering a heart attack and undergoing open heart surgery. Lee Brown took a claim of unjustified dismissal to the Employment Relations Authority (ERA) after he lost his job with Advance International Cleaning Systems (New Zealand) Ltd (AICS) after his heart attack. AICS said Brown was dismissed from the job due to medical incapacity, but the ERA found it was unjustified. Brown, who worked for the company in Hastings, had a heart attack on July 13, 2015 and needed to undergo open heart surgery. On August 10 he advised the company his doctor recommended he remain off work until September 1. Brown’s manager considered the company would be impacted by his absence for such a long period and sent him a letter saying “it may be best that you stand down”. Brown engaged a lawyer and raised a formal grievance with AICS that he had been unjustifiably dismissed. The ERA said medical incapacity was the “prime” reason behind AICS’ decision to dismiss Brown, but they were influenced by other aspects. According to the law, an employment contract isn’t ended just because an employee is ill or has been in the past, there must be medical evidence that the employee is permanently unable to work. Therefore, AICS was unjustified in dismissing Brown and he was awarded $10,384 in lost wages by the ERA. Brown told the ERA he was hurt by the dismissal, and had a “sense of bewilderment” at how he could have been fired. He suffered humiliation, emotional pain and issues from the financial pressure he found himself under. The ERA awarded Brown $6000 in compensation.
August 9, 2016
Twenty-six labour dispute cases will be heard by the Fair Work Commission today. The full list is: Endless Solar Operations (Cole), Kahar Investments ATF The Grape Trust (Yeoland), VIP Bidco Pty Ltd (Oldfield), Patrick Projects Pty Ltd (Deeney, Hughes, King, Park, Seiffert, Strauss), Hampton Transport Services Pty Ltd (Stokes), Allianz Insurance Australia Ltd (Miller), Mt Arthur Coal Pty Ltd (Goodall), BigAir Group Ltd (Puckeridge), ACN 129540950 Pty Ltd (Folino), Woomera Aboriginal Corporation (Goldsworthy), Globus Medical Australia Pty Ltd (Graham), Aurizon Operations Limited (Neven), Australian Foundation for Disability (Maton), CUB Pty Ltd (Sayers), The University of Newcastle (Wilks), Federation Training (Pinnock), Hertz International Sublicensee for Tasmania (Orchard), Kennedy Property Services (Mulvihill), Vadasz Lawyers (Stevens), CBI Constructors Pty Ltd (Mead), Kajiks Showers & Robes Pty Ltd (Kaylock).
