TERMINATION OF EMPLOYMENT – genuine redundancy – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance Commission found that dismissal was a genuine redundancy – employee appealed on basis that Commission had erred in concluding that employer had no obligation to comply with either of the two consultation clauses in the Indigenous Land Corporation Enterprise Agreement 2011-2014 – cross appeal from employer which stated that if there was an obligation to consult about redundancy, the employer sought to challenge the finding by the Commission that no consultation was undertaken by it – employer submitted that this finding was not open to the Commission on the basis of the accepted evidence – Full Bench held that it was desirable that the entire controversy over the employee’s dismissal be resolved through this appeal and therefore considered the arguments of the employer, that were not accepted by the Commission but were also not critical to the determination of the matter at first instance – to the extent necessary leave was granted to the employer to advance alternative cross contentions and to lodge a notice of appeal outside the 21 day time limit in the Fair Work Commission Rules 2013 – Full Bench held the Commission did not err in finding that employee was a casual employee – matter to be determined was whether employer consulted with employee regarding redundancy – evidence put forward did not establish that employer had discharged its consultation responsibilities in the agreement – employer excluded employee from the process until letter of termination provided – dismissal not a case of genuine redundancy – employee appeal upheld – matter remitted to determine whether dismissal was harsh, unjust or unreasonable. Appeal by McCaffrey against decision of Booth C of 21 January 2016 [[2016] FWC 80] Re: Indigenous Land Corporation; Appeal by Indigenous Land Corporation against decision of Booth C of 21 January 2016 [[2016] FWC 80] Re: McCaffrey
July 7, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – industrial action – ss.19, 474, 739 Fair Work Act 2009 – on 24 March 2016 there was a work stoppage at the Spice work site by 20 plumbers for approximately one hour – concerns were that there was a lack of employees holding first aid certificates – respondent docked four hours pay from all employees – determined stoppage constituted industrial action – applicant submitted stoppage did not constitute industrial action because management authorised it – dispute as to whether an enterprise agreement or a modern award applied to the relevant employees – both parties consented to the Commission resolving the dispute by arbitration so this issue did not need to be resolved – Commission held respondent authorised the work stoppage – instruction to stop work was given over radio by the respondent’s foreman – held applicant’s organiser did not direct the foreman to order the work stoppage because the respondent’s three managers on duty had enough experience to know only management could direct employees to stop work – held respondent also determined when employees returned to work – respondent directed by the Commission to recompense employees who had wages docked. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Planet Plumbing (Qld) P/L
July 6, 2016
Twenty-one unfair dismissal/labour dispute cases will be heard by the Fair Work Commission today. The full list is: Charles Darwin University (Scholz), UGL Limited (Leonhardt), Kentz Pty Ltd and UGl Engineering Pty Ltd Joint Venture (Stirling), Millmerran Centenary Retirement Village Inc (Butler), 4Kitchens Pty Ltd (Moradi), Greenlip Enterprises Pty Ltd (Davies), Australian Fitness Management Pty Ltd (Koetsveld), James Cook University (Smith/Hinch), Swire Cold Storage Pty Ltd (Cliff), Blue Cross Community Care Services (Toorak) Pty Ltd (Mcilvenna), Emergency Management Victoria (Allan), Qube Ports Pty Ltd (Donovan), Toll International Domestic Forwarding Division (Kilgour), Kytec Pty Ltd (Bolivar Bretto), ZZZ The Heat FM Pty Ltd (Flanagan), New Competitive Drilling (Olsen), MODEC Management Services Pty Ltd (Pettifer), Tasmanian Ports Corporation Pty Ltd (Gee), DP World Melbourne Limited (Kirkman), Anglo Coal (Dawson Services) Pty Ltd (Frethey).
July 6, 2016
The Fair Work Commission has ratified the Fox Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.
July 6, 2016
The Fair Work Commission has approved the Hunter Region Rescue Helicopter Pilots and Crewpersons Enterprise Agreement No. 5.
July 6, 2016
The Fair Work Commission has signed off on the Royale Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement 2015-2019.
July 6, 2016
The Fair Work Commission has given the thumbs up to the Empire Fire Protection Pty Ltd Enterprise Agreement 2016-2020.
July 6, 2016
The Fair Work Commission has said yes to the Gem Fire Services Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.
