CASE PROCEDURES – review of external decision – s.604 Fair Work Act 2009 – cl.81 Offshore Petroleum and Greenhouse Gas Storage Act 2006 – r.53 Fair Work Commission Rules 2013 – appeal – Full Bench – at first instance Commission determined that a historical assessment was the appropriate method of determining the application from the appellant to seek revocation of NOPSEMA’s decision to issue an improvement notice – Commission adopted the questions for determination that had been proposed by NOPSEMA – appellant sought permission to appeal against the decision at first instance on the basis that it asserted that the decision applied an incorrect approach to the matter – appellant advised that it sought to challenge the improvement notice so as to protect its reputation with particular regard to future tendering arrangements – meaning of ‘de novo’ hearing – Rutjens and Shi considered – the nature of an improvement notice under the OPGGS Act and the nature of the appeal contemplated by that Act establish that this capacity to affirm, vary or revoke an improvement notice must be applied with regard to the fundamental purpose of that notice – at first instance the parties requested that Commission decide between an historical or current approach – Full Bench held that such a simple election misrepresents the nature of Commission’s task under the OPGGS Act – whilst the primary issue to be determined by Commission is whether the improvement notice should have been issued at that time, it may also, in appropriate circumstances, be necessary for Commission to determine whether an improvement notice should apply at the time it makes a decision – whilst Full Bench agreed that Commission correctly identified the major issue to be determined in the appeal, his decision did not fully take into account the extent to which a contemporary assessment of the matter may lead to a decision to review the improvement notice as part of its ultimate disposition – Full Bench unable to agree with the entirety of his conclusion – important that the approach to an appeal of this nature is founded on temporal considerations consistent with the relevant legislation and this raises matters of public interest – permission to appeal granted – the conclusion in the decision at first instance precluded the Commission from reaching a contemporary view about an improvement notice, having assessed its historical appropriateness – Full Bench held that this reflected error – appeal upheld – application referred back to the Commission to determine in accordance with this decision. Appeal by Sedco Forex International Inc against decision of Cloghan C of 26 October 2015 [[2015] FWC 7239] Re: National Offshore Petroleum Safety and Environmental Management Authority t/a NOPSEMA.
April 21, 2016
The complaint pool is at its lowest ebb with only 17 applications materialising to keep an army of quasi-judicial officers out of the wine bar and sitting on their collective benches. The full list is: Ngnampa Health Council (Hodder), Gramar Pty Ltd (Rann), Craig Arthur Pty Ltd (McPherson), BHP Coal Pty Limited (McDermott), ACT Government as represented by the Territory and Municipal Services Directorate (Lambos), Commonwealth of Australia represented by the Department of Immigration and Border Protection (Marshall), Alpha Confectionery Australia Pty Ltd & Pushett and Others (Feng), Moonee Valley Racing Club (Hinchen), Swan Transit Services Pty Ltd (Belford), DPG Services Pty Ltd (Holian), Conset Management Pty Ltd & Bartolo (Musso), Ausino West Pty Ltd ATF The Supercrane Unit Trust (Raschilla), Wisdom Teeth and Dental Implant Service Pty Limited (Diwakar), Quality Bakers Australia Pty Ltd (Mutimer), Toll Transport Pty Ltd (Spinks), Ensign Australia Pty Ltd (Foulds) and OneSteel Trading Pty Ltd (Marshall).
April 20, 2016
An application for approval of the Scott Safety Guildford Enterprise Agreement 2015-2018 (s.185 – Application for approval of a single-enterprise agreement) will be heard by Fair Work Commissioner Lee in his Melbourne chambers.
April 20, 2016
An “unfair dismissal lite” day faces the Fair Work Commissioners. The full list is: RAAFANSW Publications Pty Ltd (Gough), Melbourne City Sightseeing Pty Ltd (Kacprowicz), Ensign Australia Pty Ltd (Foulds), Regis Aged Care Pty Ltd (Hohl), OEM Group 2006 Pty Ltd (Finegan), Serco Asia Pacific (Ervin), Comphire Pty Ltd (Sierra), The Salvation Army Australia Southern Territory Social Work (Driver), Monivae College (Hayes), McAdam’s Lane Pty Ltd (Sargeant), Celsius United Pty Ltd as trustee for ‘Celsius Trust’ (Oates), The Trustee for Shop 209 Hybrid Unit Trust (Lim), Cal Dive International (Australia) Pty Limited (Goold), BMD Constructions Pty Ltd (Whelan).
April 19, 2016
Nineteen applications seeking relief from unfair dismissal will be pitched at a war weary collective of Fair Work Commissioner today. The full list is: Dunlop Tyres (Lee), Houndstooth Pty Ltd (Wheare), The trustee for Theo Sourlos Family Trust No. 2 (Baker), Sydney Night Patrol & Inquiry Co Pty Ltd (Palm), Contek Constructions Pty Ltd (Garner), Foresite Training (Coll), Ambulance Victoria (McCleish), Australian Workers’ Union (Qenos Pty Ltd), Jayco (Salloum), Toll Holdings Limited (Townend), West Australian Newspaper Limited (Little), ICM Group WA Pty Ltd (Cadman), Activ Foundation (Nangongwe), Ertech Holdings Pty Ltd (Brenner), Mogo Zoo Pty Ltd (Ryman), Lendlease Corporation Limited (McLaughlin), NUAA (NSW Users and Aids Association) (Nielsen), Walcha Memorial Club (Harrison), David Jones (Wibowo).
April 18, 2016
42 unfair dismissal and employment dispute applications will be heard in the Fair Work Commission today. The full list includes: Hallsons (Wallis), South Oakleigh Club Incorporated (Fernando), Helensburgh Coal Pty Ltd (Johnston/ Hills/ Van Zyl/ Parker/ Hansen/ Hillen), Options Disability Support (Prowse), Port Kembla Coal Terminal Limited (Byrnes), Red Grapevine (Giandomenico), Rassco Services Pty Ltd (MacDougall), Diocese of Lismore (Mott), Ngulingah Local Aboriginal Land Council (Kind), National Australia Bank Ltd (Morris), The Henley Group Pty Ltd (Roser-Finch), Link Medical Pty Ltd (Shortis), Inspire Australian Program (Montoya), CB&I Kentz Joint Venture (Eeson), Casa del Dolce (Brown), Gardens of Italy Pty Ltd (Pretorius), Asciano (Reid), Qube Ports Pty Ltd (Pelusey), Citic Pacific Mining Management Pty Limited (Kong), Intertek Management Services (Australia) Pty Ltd (Murphy), DHHS – Department of Health and Human Services (Morag), Berwick Church of Christ Incorporated (Grechko), Mackay Turf Club Inc (Steindl), Decina Bathroomware Pty Ltd (Memea), St John’s Community Care Ltd (Anderson), McLean Farms Staff Pty Ltd (Boyce), Jetstar Airways Pty LTd (Eakins), David Moss Corporation Limited (Lee Anthony), Noosa AH&I Society Inc (Congram), OEM Group 2006 Pty Ltd (Finegan), NPA Family and Community Services Aboriginal & Torres Strait Islander Corporation (Backo), Commodore Wreckers (Gold Coast) Pty Ltd (Fletcher), Lesicar Maynard Andrews Pty Ltd (Kelledy), Calvary Health Care Adelaide Limited (Hansen), Gardens of Italy Pty Ltd (Pretorius), Morris Corporation Ltd (Reposar).
April 14, 2016
25 claims on appeals against previous decisions will be heard by the Fair Work Commission today. The full list is: Eve O & G (Cox), Victoria Police (Samuel), Totally Aussie Security Pty Ltd (Postlethwaite), Australian Postal Corp (Cook/Hickey), Wisdom Teeth and Dental Implant Service Pty Limited (Diwakar), Parramatta Leagues Club Ltd (Mak), Mickey Blu Australia Pty Ltd (Benson), David Moss Corporation Limited (Lee Anthony), Gosnells Golf Club (Rughoobin), Commonwealth of Australia (Australian Taxation Office) (Shamir), Botany Park Real Estate Pty Ltd (Fenn), Hillside Parade Racing & Breeding Pty Ltd (Ogrady), Noosa AH&I Society Inc (Congram), NPA Family and Community Services Aboriginal & Torres Strait Islander Corporation (Backo), Commodore Wreckers (Gold Goast) Pty Ltd (Fletcher), Lesicar Maynard Andrews Pty Ltd (Kelledy), Your Kids & Co Pty Ltd (as trustee for the Leonard Family Trust) (Dartnall), CitySupa Pty Ltd (Jeffery), The Symon Trust (Horlor), Macedonian Community of Adelaide & South Australia Inc (Gligorovski), United Precast Pty Ltd (Santos), Arrium (Golding) and Savannah Nickel Mines Pty Ltd (Crowley).
April 13, 2016
43 applicants for relief from unfair dismissal, appeals against adverse decisions, and debate over working arrangements will come before the Fair Work Commission today. The full list includes: Scotland island Offshore Childrens Services (Ciok), Argyle Asset Pty Ltd (Bajtala), McMah Pty Ltd (Malic), Metro Trains Melbourne Pty Ltd (Graoroski/ Harvey/ Mayer/ Mircevski/ Novella), HP Bowral Pty Ltd (Luckman), Ray White Keatley Real Estate (Klik), The Trustee for Success Venture WA Unit Trust (Wickramasinghe), Ventia Utility Services Pty Limited (Zammit), Charlie and Son Electrical Pty Ltd (Atlagic), MM Auto Electrical (Dancks), Parramatta Leagues Club Ltd (Mak), Survivorco Pty Limited (Taungakava & Perera and Others), AJ & T Pulbrook Pty Ltd (Guthrie), SDA Schools (North NSW) Ltd (Reynolds), Bar’s Leaks (Australia) Pty Ltd (Lay), Norton Gold Fields Limited (Carr), Serco Australia Pty Limited (Chukwu-Ike/ Nadeem/ Sidhu), Access Industries for the Disabled (Phillips), The Graviety Group Pty Ltd (Ganyani), Terry White Chemist (Thornely), Wintersun Holdings Pty Ltd (Batrick), The Trustee For The Super Trim Southeastern Unit Trust (Cully), Extra Foods Pty Ltd (Xhaferi), Luiz Family Trust (Parton), Woolworths Limited (Ruhland/ Wemmerslager), Wisely Resourcing Pty Ltd & BM Alliance Coal Operations Pty Ltd and Another (Anderson), Smart City Vocational College Pty Ltd (Hallam), The Trustee for BMG Family Trust (Astridge), R & K Livestock Transport Pty Ltd (Duff), Holy Spirit Northside Private Hospital Ltd (Tsingos), Ertech Holdings Pty Ltd (Brenner), Brighton & Seacliff Yacht Club Inc (Farrell), Helping Hand Aged Care Inc (Vingerhoets), Houndstooth Pty Ltd (Wheare), BGC Contracting Pty Ltd (Atkinson), Augusta AutoMall (Sumaru).
