TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 611 Fair Work Act 2009 – initial decision related to application for unfair dismissal remedy [[2015] FWC 8432] – applicant found to be unfairly dismissed from employment with respondent – applicant made costs application against respondent – incurred costs gaining legal advice in relation to unfair dismissal – submitted required legal assistance due to complexity of case – contended should have been evident to respondent dismissal process deemed unfair – claimed respondent knew this by its offer to settle prior to hearing – claimed costs incurred because of unreasonable acts or omissions of respondent – behaved vexatiously by email sent before hearing indicating respondent would make no further offers when it made two further offers and threatening to make costs application – delays in finalising matter deliberate and to advantage of respondent – reasonable person will determine if and how to respond to offer of settlement after considering all the circumstances of the case including terms of settlement in relation to relief sought [Roy Morgan Research] – Commission found respondent acted in manner directed to having matter dealt with expeditiously but fairly for purposes of s.400A – whether proceeding instituted vexatiously looks to motive of party in instituting proceeding – where predominant purpose in instituting proceeding is to harass or embarrass the other party, or to gain collateral advantage [Holland] – Commission rejected respondent behaved vexatiously or unreasonably for purposes of s.611(2) – fact that respondent may have taken hard line in settlement discussions cannot be taken to be done with predominant purpose to harass or embarrass applicant – also not satisfied reasonably apparent to respondent that its response to application had no reasonable prospects of success – noted applicant sought to recover costs incurred before commencing actions with Commission – application for costs dismissed. Sidney v Employsure P/L
May 17, 2016
TERMINATION OF EMPLOYMENT – remedy – compensation – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – in earlier decision Commission found applicant unfairly dismissed and that reinstatement was not appropriate [[2016] FWC 1555] – submissions sought on compensation – found deduction of 40% for misconduct appropriate – compensation of $11,624.25 gross, taxed according to law plus 9.5% superannuation ordered. Kirkbright v K & S Freighters P/L t/a NTFS
May 17, 2016
The Fair Work Commission has given its imprimatur to the Uni-Span Height Safety Pty Ltd Enterprise Agreement 2016.
May 17, 2016
The full list for the Fair Work Commission today is: Crown Equipment Pty Ltd (O’Connor), G.T.S. Freight Management (Jones/Dowie), BMD Constructions Pty Ltd (Brandy), Brewarrina Business Coop Limited (Eastwood), Muswellbrook & District Workers Club (Eveleigh), Qantaslink (Hayes), John Crane Australia Pty Ltd (Laudeman), Associated Retailers Limited (Rocca), Atwood Australian Waters Drilling Pty Ltd (Baker, Buckingham, Cadd, Cousins, Ditchmen, Evans, Forster, Fox, Gamble-Almstrom, Greenwood, Hadlow, Hancock, Hawkins, Hutchings, Jamieson, Joksovic, Kelly, Koch, Lawrance, Lindfield, Marechal, Moore, Munro, Murray, Nostas, Plumbley, Price, Rudyard, Slattery, Sultana, Waghorn, Warren, Watkins, Watt, White, Williams, Worth), Rockdale Family Medical Centre (Khoury), Interact Australia (Victoria) Limited (Noske), Holman Fenwick Willian Management Pty Ltd (Sanderson), Reef and River Aquatics (Phillips), Hit and Bounce Pty Ltd (Liu), Wealth Solutions Australia Pty Ltd (Wallace), Metropolitan Fire and Emergency Services Board (Hester), Amtek Corporation Pty Ltd (Young), Design Real Estate Pty Ltd (Edwards/Faulkner), Arrium Pty Ltd (Johnston), ACE Insurance Limited (Sweeney), The Symon Trust (Horlor), GM Holden Ltd (Harvey).
May 16, 2016
An application for approval of the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2016-2020 (s.185 – Application for approval of a single-enterprise agreement) will be reviewed by Fair Work Commissioner Roe in his Melbourne chambers.
May 16, 2016
The full list of Fair Work Commission unfair dismissal/work dispute applications to be heard today includes: Mt Arthur Coal Pty Ltd (Goodall), Yarra Valley Water (Haag), Esler Family Trust (Worthington), Specialist Diagnostic Services (Grimmett), Takeda Pharmaceuticals Australia Pty Ltd (Schaffer), Visy Packaging Pty Ltd (Higgins), Lovatts Media Group Pty Ltd (Woodford), MRA Dancing Pty Limited (Herbert), John Crane Australia Pty Ltd (Laudeman), The Jewellery Group Pty Ltd (Cutroni), Hertz Australia Pty Limited (Lee), Gravity Discovery Centre Foundation Board Inc (Dickinson), CSBP Limited (Rowe), Amitik Pty Ltd ATFT Sea Otters Trust (Gittins), The Salvation Army Western Australia Property Trust (Sukerti), Sepia International Pty Ltd (Saijal), BHP Billiton Iron Ore Pty Ltd (Corunna), Finkelde Group Holdings (Jenkins), Boyne Smelters Limited (Maycock), Vestend Pty Ltd (Page), The Trustee for Parkross Family Trust (Sheppard), Vernon Construction (Lyne), Rio Tinto Alcan Weipa (Adidi), G & S Engineering Services Pty Ltd (Lester), Recruit Restore Pty Ltd & Clarke Energy (Australia) Pty Ltd (Boyd), Royal Automobile Association of South Australia Inc (De Pledge), Alpha Flight Services Pty Ltd (Santos).
May 13, 2016
The Fair Work Commission has a busier day with 43 applicants asserting “trouble at mill”. The full list is: Saltwater Freshwater Arts Alliance Aboriginal Corporation (Collier), Harvest Education Technical College (Saunders), Advance Fire Technology Pty Ltd (Sandall), St John Ambulance Australia (NT) Inc (Guascoine), Seventy Seventh Claybank Pty Ltd (Cox), Ikon Services Australia Pty Ltd (Velkovski), David Hartree Design Associates Pty Ltd (Blythe), Goldfields Women’s Refuge (Dettoni), Croker Constructions (Jarvis), Pang Enterprise Pty Ltd ATF Pang Family Trust (Sawtell), Wealth Solutions Australia Pty Ltd (Wallace), Dick Smith (Krosman), Maritime Union of Australia (Rigoni), Medway Plumbing Pty Ltd (Griffiths), 2evolve Pty Ltd (Meyers), Halliburton Australia Pty Ltd (Munisamy), Trustees of the Society of St Vincent De Paul (Pacelli), WCH Services Pty Ltd (Shortland), PSC Insurance Brokers (Aust) Pty Ltd (Ciancio), National Australia Bank Limited (Bennett), GPO Nominees Pty Ltd (McVeigh), Multiple Sclerosis Limited (Callaghan), VITS (Victorian Interpreting and Translating Service) (Del Greco), Crown Melbourne (Jenkin/ Petricevic), WCH Services Pty Ltd (Shortland), Arthur J Gallagher Australia & Co (Hazledine), Summit Innovations Pty Ltd (Eva), ETA Transport (Gurovski), Sensis Pty Ltd (Newport), Wealth Solutions Australia Pty Ltd (Wallace), Shanaya Pty Ltd (Goodwin), Clinical Laboratories Pty Ltd (Health Services Union), West Coast Council (Billett), Advance Fire Technology Pty Ltd (Sandall), Exodas Transport (Fouras), Harvest Education Technical College (Saunders), ECB Pty Ltd (De Sola), Fircroft Australia Pty Ltd (Li), Global Express Couriers Pty Ltd (Whitney), Secure Parking Pty Ltd (Syed), Robern Menz (MFG) Pty Ltd (Brittan), Swire Cold Storage Pty Ltd (Cliff).
May 12, 2016
Sedco Forex International Inc and National Offshore Petroleum Safety and Environmental Management Authority are in an armwrestle before the OH&S Review Authority in Perth.
