NEWS HR

An application for approval of the Fire Domain Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Unions Enterprise Agreement NSW & ACT 2015-2019 (s.185 – Application for approval a single-enterprise agreement) will be determined by Fair Work Commissioner Gregory in his Melbourne chambers.

An application for approval of the Australian Maritime Safety Authority Enterprise Agreement 2016-2019 (s.185 – Application for approval of a single-enterprise agreement) will be analysed by Fair Work Commissioner Lee in his Melbourne chambers at 2.15pm.

A very heavy workload faces the Fair Work Commission today with over 40 unfair dismissal and labour dispute cases lined up. The full list is: All States Personnel Pty Ltd (Hoskins), Saint Thomas Aquinas College (James), A Backhouse & Associates (Elshami (nee Thomson)), ALDI Stores (A Limited Partnership) (Chick), BHP Coal Pty Limited (McDermott), Gateway Business Communications Pty Ltd (Hu), Woodrising Neighbourhood Centre Inc (Murphy), Patrick Stevedores Holdings Pty Ltd (Sharp), South Coast Equipment Pty Limited (Boulding, Harding), Endeavour Energy (Lally), NobleOak Life Insurance (Sivan), Fleetrans Pty Ltd (Gough), Calvary Health Care, Bruce (Gillett), Priceline Pharmacy (Wyatt), Relationship Australia (NSW) Limited (Golden-Brown), NEC Australia Pty Ltd (Lane), Royal Canberra Golf Club Limited (Boyle), Raffles College Pty Ltd (Abad, Coffey, Koegler, Little), SRCM Pty Ltd (Younger), UGL Engineering Pty Ltd (Slater), Queensland Rail Transit Authority (Costell), Toll Holdings Ltd (Otto, Revermann, York), Office Furniture Direct Pty Ltd (Gehlken), Fleetrans Pty Ltd (Gough), Sedah Pty Ltd (Mulholland), Premier Fruits Group (Gautam), Anglicare SA Incorporated (Moore/Lamb).

An application by Proper Preparation OHS & Training Specialists (s.210 – application for approval of a variation of an enterprise agreement) is to be heard by Fair Work Senior Deputy President Hamberger in his Sydney chambers.

An additional thirty-six applications claiming unfair dismissal will be heard today. The full list is: Lendlease Building Pty Ltd (Karaka), BHP Coal Pty Limited (McDermott), JMC Pty Ltd (Moder), Coates Hire Pty Ltd (Robinson), Bishop & Roach & Bruce Consulting Pty Ltd and Another (Hughes), Polar Fresh Cold Chain Services Pty Ltd (Portelli), TMA Australia Pty Limited (Coates), Brewarrina Business Coop Limited (Eastwood), Fuji Xerox Australia Pty Ltd (Nayak), Plastic Printing Pty Ltd (Diefenbach), Coles Group Supply Chain Pty Ltd (Hutchings), St John of God Health Care Inc (Tadrous), PM Financial Services Pty Ltd (Bwalya), Birla Nifty Pty Ltd (Hawley), MSS Security Pty Ltd (Singh), VUE DC Pty Ltd (Kiss), Lion Dairy and Drinks Milk Limited (Norman), Adrian John Madden (Hansen), Coles Supermarkets Australia Pty Ltd and Liquorland (Australia) Pty Ltd (Gibbings), Ashton College Pty Ltd (Pohl), Twinkle Star Early Learning Centre (Malla), Wakerley & Giddings (Hazledine), Children Australia (Jones), Geocon Constructors (ACT) Pty Ltd (Blyton), Wellpark Holdings Pty Ltd (Piggott), Fibremakers Australia Pty Ltd (Serra), Healthwatch Clinics (Yeung), Toll Holdings Ltd (Otto/York), Seafarms Queensland Pty Ltd (Mooney), Goodman Fielder Limited (Maudlen), Balanced Habitats (Bronakowski), Phillip Lyndon Forster (Grilk) and OneSteel Manufacturing Pty Ltd (Paliaroutas).

Twenty unfair dismissal claims will be asserted today in the Fair Work Commission. The full list is: BHP Coal Pty Limited (McDermott), Western Health (Nel), Frosty Boy Australia Pty Ltd (Carr), Southern Crest Holdings Pty Ltd (Khawly), Carter Holt Harvey Woodproducts Australia Pty Ltd (Dunn), Conair Australia Pty Ltd (Barkhazen), The Australian Capital Territory as represented by the Chief Minister, Treasury and Economic Development Directorate (ACTIA) (Comb), Allstaff Australia Pty Ltd (Redfern), Barnardos Australia (Johnstone), Lexxe Pty Ltd (Ma), G8 Education Ltd (Quinlan), Concorde Pty Ltd (Hristianopoulos), Badge Construction (Rodgers), Scott Park Group Pty Ltd (Hughes), University of Western Australia (Mitton), Cut Above the Rest Tree Surgery Pty Ltd (Taylor), Caterpillar of Australia Pty Limited (Byrne), Polar Fersh Cold Chain Services (Barnes), James Millins Constructions Pty Ltd (Dunn), Exact Cleaning & Maintenance Services Pty Ltd (Luey).

Virgin Australia Airlines Pty Ltd is facing a s.739 dispute application lodged by a trio of challengers. It is one of 30 applications awaiting hearing. The full list is: Virgin Australia Airlines Pty Ltd (Peters & Delaroza and Another), BHP Billiton (Watson), Ocean Pacific Pty Ltd (Chan), Western Auger Drilling Pty Ltd (Kimber), Morris Corporation (Aust) Pty Ltd (Liow), Saltwater Freshwater Arts Alliance Aboriginal Corporation (Collier), Parrish Plumbing (Ryland), LJ Hooker Wonthaggi (Bolding), Motorola Solutions Australia Pty Ltd (Jones), Kentz Pty Ltd (Elsarky), McLeay Family Trust (McIntyre), Coolabah Wine Pty Ltd (Fabrizio), Fitness Management Company Pty Ltd (Collins), Relationships Australia (NSW) Limited (Golden-Brown), Robson Environment Pty Ltd (Keane), Transit (NSW) Services Pty Ltd & Smith and Another (Ahmann), Conair Australia Pty Ltd (Barkhazen), Metwest Steel Pty Ltd (Guo), Curtin University of Technology (Harwood), Morris Corporation (Aust) Pty Ltd (Liow), Changeovers Pty Ltd (Newsome), BlueScope Steel Limited (Sharp), Monee valley Racing Club Inc (Hinchen), The Trustee For The Super Trim Southeastern Unit Trust (Cully), Aquanas Foods (Mankarious), Northside Community Service Limited (Isturiz), PTS Traffic Management Pty Ltd (Larnach), Cornerstone Stud Farm Pty Ltd (Twomey), Houndstooth Pty Ltd (Wheare), Australian Central Credit Union Ltd (Dicker).

ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission dismissed the application for a dispute under Defence Enterprise Collective Agreement 2012-2014 – Commission determined appellant not entitled to excess travel time allowance after relocation – decision of majority – grounds of appeal wide ranging and included the nature of the dispute and the identity of the decision maker – majority found no merit in appeal grounds – findings at first instance either correct or reasonably open to Commission – appellant sought to admit fresh evidence – found no basis for granting permission to appeal – permission to appeal refused – decision of minority – dispute concerned a claimed entitlement by appellant to certain work travel-related benefits pursuant to provisions of the Department’s Workplace Relations Manual (WRM), the agreement, or both – dispute had two principal limbs concerning appellant’s claimed entitlement to: (a) compensation, pursuant to provisions in the WRM or agreement, or both, for the additional time and expense incurred due to what he contended was a temporary relocation; and (b) the benefit, on an equal footing with other employees, to relocation assistance to employees affected by changes to the Defence Support Operations New Operating Model and the related Staff Transition Plan – held that the Commission did not appear to have considered the second limb of the dispute at first instance – appeal challenged the decision concerning the first limb of the dispute – Wan considered – minority would grant permission to appeal, admit the additional material and quash the decision at first instance. Appeal by Bebawi against decision and order of Johns C of 19 January 2016 [[2016] FWC 364] Re: Commonwealth of Australia (as represented by the Department of Defence)