The Fair Work Commission has given its assent to the Jetfire Fire Protection Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Agreement Victoria 2015-2019.
July 5, 2016
Only fifteen unfair dismissal claimants will argue the merits of their respective cases before the Fair Work Commission today. The full list is: Western District Health Service (Gerber), Mendes & O’Connor and Another (Jordan), Virgin Australia Airlines Pty Ltd (Laurendi), Diocese of Lismore (Mott), Couples of Christ (Australia) Global Mission Incorporated (Pace), Coles Group Limited (Stephens), The University of Queensland, Australia (Besley Scott), Mega Meats Browns Plains (Clarke), BMD Constructions Pty Ltd (Sariman), Central Queensland Services Pty Ltd (Engel), Outback Village Lodgings Pty Ltd (Langhans), Ray White Real Estate Gladstone (Silvester), Whitehouse Institute Pty Limited (Carter), Qube Ports Pty Ltd (Donovan), Dairy Kosher Catering Pty Ltd (Singh).
July 4, 2016
Thirty-one unfair dismissal claims will be aerated before Fair Work Commissioners today. The full list is: The Trustee for the Drinx Trust Drinx Pty Ltd (Beardmore & Warren and Others), Danny Ryan Plant Hire (Page), Sydney Trains (Zamojski), NRMA Ltd (McMechan), Commonwealth of Australia (Department of Defence) (Bebawi), Bedor Pty Ltd (Bennett), Metal Manufacturers Limited (Pagett), Toll Holdings Limited (Pawlowski), Geraldton Regional Aboriginal Medical Service (Gregory), Bureau Veritas Asset Integrity and Reliability Services Pty Ltd (Tacorda), F & J Metal Fabrications (Aust) Pty Ltd (Bakhshi), Hepburn Health Services (Duclos), Scanman Holdings Trust (Scanlon), Fire & Safety Australia (Mosheim), Rollertec Pty Ltd (Angelowitsch), Austrend International Pty Ltd (Hayes), Mount Manus Pty Ltd (Kalcic), Tyre Team International Pty Ltd (Kritikos), Australian Taxation Office (Doherty), The Trustee for MJ Hooper Trust (Williams), Pide Istanbul Pty Ltd (Tuzlu), ALSCO Pty Limited (Podesta), Boral Resources Qld Pty Ltd (Hooper), Origin Energy Limited (Latham), Virgin Australia Airlines Pty Ltd (Peters & Delaroza and Another), Quayside Marinas Pty Ltd (Noble), Woodcroft Little Learners Pty Ltd (Hovinga), A1 Distributions (Humphries), BPL Adelaide Pty Limited (Juac), JBS Australia Pty Ltd (Coote), Sort Recycling Limited (Vozzo).
July 4, 2016
An application for approval of the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 (s.185 – Application for approval of a single-enterprise agreement) will be heard by Fair Work Commissioner Roe in his Melbourne chambers today.
July 4, 2016
Fire & Safety Australia will have to answer a s,372 (Application to deal with other contravention disputes) lodged by a staffer (Mosheim).
July 1, 2016
Twenty-eight unfair dismissal applicants will plead their cases in the Fair Work Commission today. The full list is: Birpi Aboriginal Corporation Medical Centre (Bauman), Kermandie Hotel and Marina (Browning), Serco Australia Pty Limited (Vather), Knox Transfer Station (Campbell), WEX Australia Pty Ltd (Vukovac), My Platinum Enterprise Pty Ltd (King), Suncorp Staff Pty Ltd (Janssen), QBE Insurance Group Limited (Hotai), Noosa Valley Sports & Recreation Pty Ltd (Keeley), Subway Engineering Pty Ltd (Maher), Anglo Coal (Foxleigh Services) Pty Ltd (West), Cannon Hill Services Pty Ltd (McKey), Alsco Pty Ltd (Hazell), Anglican Retirement Villages (ARV) (Shawl), Serco Australia Pty Limited (Vather), Factory X Pty Ltd (Player), TNT Australia Pty Ltd (Pavlov), NSW Trains (Ayub/Chand), Pathfinders Ltd (Felkin), Brewarrina Business Cooperative (Edwards-Bott), Corglen Pty Ltd (Hannaford), The Hospitals Contributions Fund of Australia Limited (Cranwell), Danny Ryan Plant Hire (Page), Virgin Australia Airlines Pty Ltd (Schwerdt/Stevens), Daly and Shaw Building Pty Ltd (Hardy), Acelane Pty Ltd (Jardine).
July 1, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.533, 739 Fair Work Act 2009 – two applications – application to deal with a dispute in accordance with the Offshore Marine Services P/L Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Enterprise Agreement 2010 (SKO Agreement) – application for an order pursuant to s.532(1) of FW Act – respondent in both applications was Skilled Offshore (Australia) P/L (SKO) – SKO provides marine labour services to vessels – SKO was a subsidiary of SKILLED Group Limited – on 16 October 2015 Programmed Maintenance Services Limited acquired all the shares of SKILLED Group Limited – SKO is now trading as Programmed Marine – Programmed Marine P/L (PM) is a subsidiary of Programmed Maintenance Services Limited – PM also trades as Programme Marine – While SKO and PM are discrete and separate legal entities, both trade as Programmed Marine – on 11 February 2016, the General Manager Employee Relations (GMER), sent an email to the MUA advising that ‘Programmed Marine’ would need to make a number of employees in the offshore oil and gas industry redundant – MUA invited to a meeting pursuant to subclause 11.2 of the ‘agreements’ – reasonable to infer that the GMER, when referring to agreements, was referring to both the SKO Agreement and the Total Marine Services P/L Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Enterprise Agreement 2010 – Executive General Manager Operations (EGMO) issued a memorandum on 17 February 2016 to all permanent employees that ‘Programmed Marine’ must implement redundancies – on 4 March 2016, EGMO forwarded to employees an email with respect to voluntary redundancies ‘across our offshore business’ – meeting between MUA and Executive General Manager – Programmed Marine (EGM-PM) on 23 May 2016 – MUA submitted that Skilled Offshore was going to make 100% of its employees involuntarily redundant, and that this meeting was the first time that Programmed Marine and SKO had been treated as separate groups – MUA further submitted this was the first time that the MUA was advised that a decision had been made to implement involuntary redundancies – whether redundancies considered major change under clause 55.2 of the SKO Agreement – EGM-PM stated that SKO had complied with its obligations pursuant to the SKO Agreement – MUA in dispute with SKO (and PM) as a consequence of neither SKO nor PM assessing current SKO employees for redundancy together with current PM employees and the failure of SKO (and PM) to consider and transfer employees from SKO to PM – Commission held SKO applied the provisions of subclause 11.2 of the SKO Agreement, to effect the redundancies notwithstanding the MUA’s request for an alternative formula to apply – did not accept that the MUA’s assertion that EGM-PM’s letter of 25 May 2016, regarding the process of redundancies, was a major change – SKO did not make a ‘decision to introduce major change’ pursuant to subclause 55.1 of the SKO Agreement – clear that SKO and the MUA have divergent views on the process of making a number of employees redundant – however, clause 55 of the SKO Agreement provides for consultation and not co-management of the circumstances – satisfied the MUA was notified of the redundancies – satisfied the MUA has been given and has put measures to SKO, to avert or minimise the involuntary redundancies and any adverse effects of those redundancies – both applications dismissed. Maritime Union of Australia v Skilled Offshore (Australia) P/L
July 1, 2016
CASE PROCEDURES – stay order – ss.604, 739 Fair Work Act 2009 – appeal – in the decision at first instance the Commission found that had Monash College acted in accordance with the provisions of the Monash College Proprietary College Ltd (Monash University Foundation Year Teaching Staff) Agreement 2012, it would have appointed some 35 of its Monash University Foundation Year teachers on an ongoing basis with Monash College – Monash College applied for a stay of the decision on the basis that the Commission erred in construing clause 9.6 of the agreement – Kellow-Falkiner Motors considered – Monash College submitted that pivotal to the operation of clause 9.6 of the agreement was whether the reference to ‘reasons’ in the clause contemplates a subjective or objective test – Monash College posited that the Commission found the required test was objective and not subjective, and this conclusion undermined the Commission’s subsequent analysis of the clause – the IEU opposed the stay application, contending Monash College’s line of appeal, which complained that the Commission erred in failing to find that the teachers the subject of the dispute notification had been employed for specific activities and/or to meet peak student enrolment, set out no basis on which the finding of fact or the failure to find a fact is impugned – on this basis, the IEU posited that Monash College had no reasonable prospect of success in respect of this line of appeal – the Commission accepted Monash College’s contention that the decision at first instance, and the effect that the decision has on the contractual relationship between the College and the relevant teachers, raised important issues with regards to the nature of fixed term and ongoing contracts under the agreement – held that Monash College had an arguable case with some reasonable prospect of success in respect of the question of leave to appeal and on the substantial merits of the appeal – found that a stay order was appropriate – decision at first instance stayed pending the hearing and determination of Monash College’s appeal on 14 July 2016. Appeal by Monash College P/L against decision of Bissett C of 6 June 2016 [[2016] FWC 3538] Re: Independent Education Union of Australia
