27 unfair dismissal claims will be heard in the Fair Work Commission today. A surprisingly high proportion (10) emanate from the hospitality/wine sectors. The full list includes: Aspire College of Education (Billing), Salena Estate Wines Pty Ltd (Anderson), A.P.S. Group (Garcia), City Fertility Centre (Linton), Koschel Investments Pty Ltd ATF Koschel Accounting Unit (McHugh), Heritage Golf and Country Club (Rushford), Compass Group Defence Hospitality Services Pty Ltd (Hassan), Western Pallets Pty Ltd (Wade), Absolute Caulker Pty Ltd (Georgeson), T & Q Australia Pty Ltd (Kunalkumar), Spotless Management Services Proprietary Limited (Lodoiska), L&G Catering (Kaur), The Resident Cafe (Surocuk), Car Rental Holdings Pty Ltd (Parry), Crown Melbourne Ltd (Rowe), Auto Classic (WA) Pty Ltd (Roelofs), Goodman Fielder Consumer Foods Pty Ltd (Geason), Trend Laboratories Pty Ltd (Lowe), Goodman Fielder baking Australia Pty Ltd (Mutimer), Cummins South Pacific Pty Ltd (Furlong), Coolabah Wine Pty Ltd (Fabrizio), Fremantle Foundry Engineering Co Pty Ltd (Archenoul), Holman Fenwick Willan Management Pty Ltd (Sanderson), Hickey Food Service (Brown), Nova 5/AJM (Hull), The Trustee for the Dennis Family Trust No. 2 (Lee), Options Disability Support (Prowse).
March 17, 2016
The homebuilder which has appeared in most courts in the land now takes time out for a tribunal visit. Metricon Homes is facing an appeal to the Fair Work Commission Full Bench launched by an ex-employee (Hammon). The full list for today’s Fair Work Commission appearances includes: Metricon Homes Pty Ltd (Hammon), Indigenous Land Corporation (McCaffrey), Gippsland Group training Ltd t/as Apprenticeship Group Australia (Russell), Hickey Food Service (Brown), BananaCoast Community Credit Union Ltd (Packer), Oaky Creek Coal Pty Ltd (Watts), Australia and New Zealand Banking Group Limited (Knight/Challychurn), Dunlop Tyres (Lee), Lion Dairy and Drinks Milk Limited (Norman), Gramar Pty Ltd (Rann(Dimasi)), Hit and Bounce Pty Ltd (Liu), Australian Islamic College of Sydney (Charaneka), Hickey Food Service (Brown), Active Individualised Family Services (Clarke).
March 17, 2016
27 s.397 (unfair dismissal) claims are listed to be heard today by the Fair Work Commission. The full list is: George Weston Foods Ltd (Pratt); Andy’s Earthmovers [Asia Pacific] Pty Ltd (Johnston); Reck Enterprises Pty Ltd (Facer); Cater Care Services Pty Ltd (Cooper); Tursa Employment & Training Limited (Blount); JBS Primo Queensland (Turama); Adecco Industrial Pty Ltd (Kool); Arcare Pty Ltd & The Trustee For The Arc Unit Trust (Verma); DTS Group QLD Pty Ltd (Cook); Domain Principal Group (Barningham); Coco’s Early Learning Childcare Centre (Talsma); DuluxGroup Australia Ltd (Parker); The Resident Cafe (Sorocuk); Insurance Australia Group (Zafar); Murdoch University (Hayes); Australian Red Cross (Ropciuc); Midnight Express (Stoyanovski); QBE Management Services Pty Ltd (Gerada); Commonweaqlth Scientific and Industrial Research Organisation (Barnett); JBS Primo Queensland (Turamaa); The University of Western Australia (Paton); Study Group Australia Pty Ltd (Monger); Tim Davies Landscaping Pty Ltd (Servaas); Ngallingnee Jarjum Tabulam & District Community Preschool Incorporated (Webster); Bayrose Pharmaceuticals Pty Ltd (Pogson); The GEO Group Australia Pty Ltd (Guy); and Cleanaway Industrial Solutions Pty Ltd (Muller).
March 15, 2016
22 unfair dismissal claims are lined up for hearing in the Fair Work Commission today. The list includes: Wambo Open Cut Pty Ltd (Garland), Spotless Facility Services Pty Ltd (Ilsley), Kitchens & Bathrooms Rock (McDonald), Danny’s Bar and Bistro Pty Ltd (Barden), Toll Holdings Ltd (Green), Aussie Candle Supplies (Anglem/Herbert), Timberglen Pty Ltd (Anglesey), Toll Group (Granland), Chisholm Institute (Palkovac), Verizon Australia Pty Ltd (Saunders), Acciona Energy Australia Global Pty Ltd (Mohapatra), Australian Broadcasting Corporation (Tan), Central Australian Aboriginal Congress Aboriginal Corporation (O’Neil), Philip Parker Pty Ltd (Jones), Limoso Luxury Transport Pty Ltd (Gray), William A.Cook Australia Pty Ltd (Mueller), Feros Care Limited (Heath), Little Darlings Early Development Center (Fletcher), Merck Sharp and Dohme (Australia) Pty Limited (French), Department of Human Services (Kordatos), GH Quality Bricklaying Pty Ltd (Thomas), Goodman Fielder Limited (Maudlen). 22 unfair dismissal claims are lined up for hearing in the Fair Work Commission today. The list includes: Wambo Open Cut Pty Ltd (Garland), Spotless Facility Services Pty Ltd (Ilsley), Kitchens & Bathrooms Rock (McDonald), Danny’s Bar and Bistro Pty Ltd (Barden), Toll Holdings Ltd (Green), Aussie Candle Supplies (Anglem/Herbert), Timberglen Pty Ltd (Anglesey), Toll Group (Granland), Chisholm Institute (Palkovac), Verizon Australia Pty Ltd (Saunders), Acciona Energy Australia Global Pty Ltd (Mohapatra), Australian Broadcasting Corporation (Tan), Central Australian Aboriginal Congress Aboriginal Corporation (O’Neil), Philip Parker Pty Ltd (Jones), Limoso Luxury Transport Pty Ltd (Gray), William A.Cook Australia Pty Ltd (Mueller), Feros Care Limited (Heath), Little Darlings Early Development Center (Fletcher), Merck Sharp and Dohme (Australia) Pty Limited (French), Department of Human Services (Kordatos), GH Quality Bricklaying Pty Ltd (Thomas), Goodman Fielder Limited (Maudlen).
March 15, 2016
The public holiday in Melbourne yesterday had an impact on the volume of unfair dismissal and employee dispute applications heard by the Fair Work Commission. The full list included: Excelcare Australia (Holmes), Qld Plumbing Contractors Pty Ltd (Wardroper), Crown Equipment Pty Ltd (O’Connor), Adecco Industrial Pty Ltd (Kool), Toll Holdings Group (Messent & Alvos & Another), Commissioner for Public Employment (Walker), Serco Australia Pty Limited (Preston), Wilson Security Pty Ltd (Reilly), Teekay Shipping (Australia) Pty Ltd (Soper), Expro Group Australia Pty Ltd (Pasznicki), Illwarra Retirement Trust (IRT) (Lee/Lyttle), Mt Pleasant Stud Farm Pty Limited (McCormick), St John Ambulance Pty Ltd (Gilbert), Malaga Tyrepower (Stevenson), Hilltop Meats Pty Ltd (Coble), State Medical Assistance (Laplain), Wambo Open Cut Pty Ltd (Garland).
March 11, 2016
23 unfair dismissal/employee disputes are listed for hearing today in the Fair Work Commission. The list is: Pentana Solutions Pty Ltd (Brown), The Salesian Society Inc (Kirkham), PALT Holdings Pty Ltd (Thorogood), Wilson Security Pty Ltd (Reilly), MMG Mining Pty Ltd (Shea), L.V. Dohnt and Company Pty Ltd (King), Apicius Catering (Kabir), Monivae College (Hayes), Victorian Equal Opportunity and Human Rights Commission (Kelley), Hunter Fleet Services Pty Ltd (King), Impact Supplies (Aust) Pty Ltd (Kross), Telstra Corporation Limited (Timpson), Woolworths Ltd (Tuysuz), Port Butchers (Dower), Royal Freemasons’ Benevolent Institution (Pentland), Smoque Pty Limited (Warnock), The Trustee for Parkross Family Trust (Sheppard), Ampelite (Brock), Amanda Maree English (Dunsdon), Inspireaust (Hunter), Victory College (Van Der Walt), Veolia Environmental Services (Sires), BGC Contracting Pty Ltd (Atkinson).
March 11, 2016
TERMINATION OF EMPLOYMENT – contractor or employee – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis that applicant was never employed by them – applicant sole director, company secretary and shareholder of company subcontracted to provide roadside mail delivery services in October 2008 – principal contractor assigned its contractual rights and obligations to company of applicant in December 2008 – Mail Contractor Agreement signed with respondent in June 2010 – Mail Contractor Agreement terminated by respondent in October 2015 – applicant believed he was an employee of respondent because he says he was engaged to undertake a particular job, was directed to use a certain vehicle and accessories, was required to wear an Australia Post uniform, was required to have a company to contract with respondent, was required to have ‘all items available for inspection at all times, all for the exclusive use of Australia Post’ – no evidence of an express written or oral contract of employment between applicant and respondent – Commission satisfied that contractual arrangements made between respondent and applicant’s company were not a sham or a pretence – satisfied that applicant not employed by respondent at the time he ceased providing services – applicant not dismissed – application dismissed. Turner v Australian Postal Corporation
March 11, 2016
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as lead educator for early childhood centre – applicant exposed child to food containing egg resulting in an anaphylactic reaction – respondent alleged applicant failed to recognise symptoms or provide adequate first aid – further alleged applicant failed to report incident and misrepresented it to supervisor – Commission found valid reason for dismissal – applicant failed to follow procedure and check status of food – failed to identify anaphylactic symptoms and provide adequate first aid – failed to maintain emergency medical bag – failed to event to immediate manager – provided misleading or inconsistent details about incident – combination of matters meant reason for dismissal sound, defensible or well-founded [Selvachandran] – Commission considered the fact that another employee was not dismissed who also failed to recognise anaphylactic symptoms in child – insufficient evidence for Commission to determine whether unfair differential treatment applied with respect to other employee – applicant not unfairly dismissed – application dismissed. Nicolaou v Minifie Park Early Childhood Centre
