Twenty-four applicants will whine, badger, protest and cajole the well rewarded quasi-officers of the Fair Work Commission today in their collective attempt to win justice in the form of reinstatement or money. The full list of claimants and respondents includes: Swinburne University of Technology – Legal & Governance (Kang), National Australia Bank (McKibbin), Shun Yu Pty Ltd (Bryan), Coles Group Supply Chain Pty Ltd (Collins/Roberts), Kytec Pty Ltd (Bolivar Bretto), Thermal Mechanical Suppliers Pty Ltd (Jackson), Strata Professionals Pty Limited (Freeman), O’Brien Glass Industries Limited (Thompson), Link Medical Products Pty Ltd (Shortis), Marine Manning Pty Ltd (Poharama), CB&I Kentz Joint Venture (Eeson), Woolworths Ltd (Bonham), Serco Australia Pty Ltd (Markovska), City of Greater Geelong (Stratton), Racing & Wagering Western Australia (Musiello), Apex Queensland Youth Camps Ltd (McDonaugh), Crown Equipment Pty Ltd (O’Connor), Absolute Domestics Cleaning Pty Ltd (Price), TNT Australia Pty Ltd (Martin), Alpha Flight Services Pty Ltd (Davies), BGC Contracting Pty Ltd (Atkinson) and Centacare Catholic Family Services (Bartel).
May 5, 2016
The Construction, Forestry, Mining and Energy Union and Port Kembla Coal Terminal Limited are arm wrestling a s.739 (application to deal with a dispute).
May 5, 2016
Sedco Forex International Inc and the National Offshore Petroleum Safety and Environmental Management Authority will appear before the OH&S Review Authority at 1pm today.
May 5, 2016
An application for approval of the Uni-Span Height Safety Pty Ltd Enterprise Agreement 2016 (s.185 – application for approval of a single-enterprise agreement) will be heard by Fair Work Commissioner Gregory in his Melbourne chambers.
May 4, 2016
Twenty-eight industrial waifs and strays will protest their collective innocence before Fair Work Commissioners around the nation this morning. The full list is: Reece Pty Limited (Scanlon), Pang Enterprises (Sawtell), Ramsay Health Care (Ioannidis), CatholicCare Diocese of Broken Bay (Duncan), Matthew Thomas Kennedy trading as Matt’s Bakery Cafe (McDonald), Sucasas Pty Ltd (O’Keefe), RHO Solutions Pty Ltd (Brooks), Cultural Infusion (Int) Pty Ltd (Goodwin), Onetess Pty Ltd (Gordon), Australasian Solicitors Pty Ltd (Reyburn), Southern Cross Electrical Engineering (FMC Corporation Pty Ltd) (Jakopo), Serco Australia Pty Limited (Nadeem), Central Desert Regional Council (Jackson), City of Greater Geelong (Stratton), Pharmasave Bentleigh Discount Pharmacy (Tsiodras), St Vincent’s Hospital Melbourne (Steele), Australian Wide Security and Protection Pty Ltd (Li), Wipro Technologies (Shrikanthan), Territory Transit Pty Ltd (Agapito & Crombie and Others), Sherrin Rentals Pty Ltd (Hicks), Yancoal (Boughton), Endeavour Foundation (Campbell), Adelaide Fuel Distributors (Beagley), Ingham Enterprise Bolivar (Kong), MINDA (Schwarz), LHI Retirement Services – Glynde (Vucetic) and National Remote Accommodation Service (Ratzmann).
May 3, 2016
An application for approval of the Traineeship Mining Services Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Fair Work Deputy President Asbury in Hearing Room 4 in Brisbane.
May 3, 2016
What a lazy day for the quasi-judiciary with only 22 applicants wanting their attention. The full Fair Work Commission list for hearing today includes: Durri Aboriginal Corporation Medical Service (Jarrett), Countrywide Pet Foods Pty Ltd (Flasza), Mt Pleasant Stud Farm Pty Limited (McCormick), NSW Users and Aids Association Inc (Nielsen), Northern Inland Credit Union Ltd (Sayner), South Coast Equipment Pty Limited (Boulding/Harding), Australian Red Cross Blood Service (Cugini), Serco Australia Pty Limited (Nadeem), Kimberley Quarry Pty Ltd (Hampson), ABM Resources NL (Bamford, Lowe, McInnes, Sanford, Sawley), Colorpak Limited (Byrant & Easdon and Others), Just Fine Food (Drew), Qantas Airways Limited (Gregory), St Vincent’s Hospital Melbourne (Steele), City of Greater Geelong (Stratton), Malouf Group Enterprise (Disher), AUS Water & Gas Pty Ltd (Drummond).
May 3, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute in accordance with dispute settlement procedure in Teys Bros (Beenleigh) P/L AMIEU Production Departments Enterprise Agreement 2010 (2010 agreement) – issue regarding incentive based payment system (the Remuneration Document in the 2010 agreement) and whether employees entitled to back pay – 2010 agreement expired on 31 December 2012 – respondent applied and had a new agreement approved in 2013 [[2013] FWC 7804] but this was later quashed by Full Bench [[2014] FWCFB 1313] – respondent appealed quashing order to Federal Court – Federal Court dismissed appeal – 2010 agreement never ceased to cover employees – respondent discontinued incentive payments from 4 October 2013 to 30 August 2015 due to ongoing uncertainty regarding status of 2010 agreement and other applications – Commission to determine amount of back pay owed to employees under Remuneration Document – complex dispute – Commission of the view that quantifying amounts employees owed virtually impossible due to highly variable conditions – recreating incentive scheme under 2010 agreement like ‘unscrambling an egg’ – time and effort required by parties to undertake task would result in delay of payment to employees – Commission found delay and uncertainty detrimental to all parties – litigation and disputation must end – Commission ordered respondent pay employees back pay determined according to their classification – limited to employees who have not previously accepted settlement offers – employees whose employment has terminated and were not employed for the entire disputed period are to receive a pro-rata payment – order made. Australasian Meat Industry Employees Union, The v Teys Australia P/L
