Twenty-two labour dispute cases are listed for hearing in the Fair Work Commission today. The full list is: Parmalat Australia Pty Ltd (Burgess), Carbridge Pty Ltd (Weldemichael), Ecolab Pty Ltd (Mabbutt), Toll Holdings Limited (Townend), ORC International Pty Ltd (Kim), Medusa Mining Ltd (Gregory), Croker Constructions (Jarvis), Highfields Preparatory and Kindergarten School Ltd (Reynolds), Teekay Shipping (Australia) Pty Ltd (Soper), WCH Services Pty Ltd (Shortland), Carbridge Pty Ltd (Weldemichael), CHEP Pallecon Solutions Pty Ltd (Muscat), Shadout Pty Ltd (Morato-Mourish), Star Track Express Pty Ltd (Thomas), Lardner Mechanical Repairs Pty Ltd (Morton), Caddy Van Storage Systems (Vic) Pty Ltd (Sivaram), Australian Sports Commission (Meredith), Highgrove Bathrooms Redcliffe Pty Ltd (Coles), Varughese & Eve O & G (Cox), RW MOO Pty Ltd (Giuliano-Kuhn), Wesfarmers Limited (Sellars), Augusta AutoMall (Sumaru).
June 14, 2016
An application for approval of the MJC Fire Protection Pty Ltd Enterprise Agreement 2016-2020 (s.185 – Application for approval of a single-enterprise agreement) is before Fair Work Commissioner Roe in Court 8 – Level 6 in Melbourne.
June 14, 2016
The Fair Work Commission has approved the Australian Maritime Safety Authority Enterprise Agreement 2016-2019.
June 14, 2016
An application for approval of the Northern Fire Protection 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) is before Fair Work Commissioner Lee in his Melbourne chambers.
June 14, 2016
The ACT Government as represented by the Justice and Community Safety Directorate is facing a s.739 (Application to deal with a dispute) lodged by a staff member (Neville).
June 14, 2016
An ‘unfair dismissal lite’ day faces the Fair Work Commissioners. The full list is: ACT Government as represented by the Justice and Community Safety Directorate (Neville), All Earth Group Pty Ltd (Mayne), Ozcare (Mazi), Commonwealth of Australia (Department of Defence) (Bebawi), Evolution Traffic Control Pty Ltd (Adra), Jacobs Australia Pty Ltd (Brown), A Quick Core Concrete Cutting Service Pty Ltd (Morrison), Gino’s Automotive Accident Repair Centre Pty Ltd (Brookman), Zitron Australia Pty Ltd (Joy), Hair & Beauty on Dana (Lindsay), Seller Solutions Pty Ltd (Chamberlin), Embassy of Algeria – Canberra (Kim), Global Express Couriers Pty Ltd (Whitney), Achieve Corporate Services Pty Ltd as Trustee for Achieve Cleaning Services Trust (Souter-Robertson), Anglo Coal (Callide Management) Pty Ltd (Renton-Power), Centacare Catholic Family Services (Bartel).
June 10, 2016
Only a handful of unfair dismissal dispute cases will be heard on the eve of a long weekend. The full list is: Helensburgh Coal Pty Ltd (Cheetham), SJJ Group Pty Ltd (Abra), Algon Steel Pty Ltd (Mallinson), Bedingfeld Park Inc (Beliniak), Northern Co-operative Meat Company Ltd (Jackson), Australia Academy of Music and Performing Arts (Woodward), Electricity Generation and Retail Corporation (Turua), Vulcan Steel Pty Ltd (Elders), Kryolan Australia Pty Ltd (Richards), BPS Wholesales Pty Ltd (Hum), McLeanm Hayden Davison (Lewis-Driver), Truss Guard Rail Pty Ltd (Hart), The Trustee for The Grace Freeman Nelson Trust (Zosel), Francher Pty Ltd (Cooper), A&B Mylec Pty Ltd (Khalesirad), AECOM Australia Pty Ltd (Brown), Credit Corp Group Limited (Morgan), Cairns Dive Centre (Root), Journeys Kitchen & Bar (Winder), PSG Holdings (Anuj), Apollo Batteries (SA) Pty Ltd (Beldi), Cornerstone Stud Farm Pty Ltd (Twomey).
June 10, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – anti-bullying – ss.739, 789FC Fair Work Act 2009 – application to deal with dispute in accordance with dispute settlement procedures in the Essential Energy Far West Electricity Enterprise Agreement 2011 and Essential Energy (Electricity) Agreement 2013 (the Agreements) – two employees were advised substantive positions no longer required – now redeployees – Essential Energy had policy not to accept application for voluntary redundancy where employee entitled to more than 52 weeks’ redundancy pay – employees’ entitlements more than 52 weeks – applications for voluntary redundancy rejected – employees worked for 15 months, one given no tasks and other given insufficient meaningful work – CFMEU submitted Essential Energy obliged to pay redundancy pay as no meaningful roles or sufficient meaningful work provided – not a valid exercise of managerial prerogative – Essential Energy submitted acted reasonably in deciding not to accept applications, pursuing redeployment opportunities and providing temporary placements in meantime – employees also applied for orders to stop bullying – alleged bullying behaviour by CEO in leaving applicants without meaningful work and role for lengthy period – regarding anti-bullying applications, Commission noted that to meet bullying definition behaviour must be directed to or at the individual – Commission found no basis to infer that Essential Energy’s decision to adopt policy was directed to or at either employee personally – applications dismissed – in relation to disputes under the Agreements, Commission satisfied applicants’ employment not terminated – no repudiation – no contractual obligation for employer to provide work – no breach of terms of Agreements – found Essential Energy had not acted unlawfully – in absence of specific limitation in the Agreements, Commission not restricted to considering whether employer acted lawfully – under managerial prerogative principle, Commission not to interfere with right of employer to manage own business unless employer seeking something from employees which is unjust or unreasonable [XPT Case] – not unreasonable for Essential Energy to adopt general policy, but reasonableness undermined where unable to find useful work for employees whose roles were abolished and seeking voluntary redundancy – inevitable point where more costly to retain as employees than to accept voluntary redundancy – unreasonable as objectively irrational [Bropho] – impact on employees harsh – Essential Energy ordered to accept employees’ applications for voluntary redundancy. Millman and Anor v Essential Energy and Anor; Construction, Forestry, Mining and Energy Union v Essential Energy
