An application by Australian Maritime Safety Authority (Sch.6, Item 4 – Application to make a modern award to replace an enterprise instrument) is to be assessed by Fair Work Commissioner Johns.
February 25, 2016
Sedco Forex International Inc and the National Offshore Petroleum Safety and Environmental Management Authority will pitch to the full bench (s.604 – Appeal of decisions). Sedco is challenging a decision with which it disagrees.
February 25, 2016
ANTI-BULLYING – risk to health and safety – s.789FD Fair Work Act 2009 – application for order to stop bullying concerning a group of individuals at a restaurant workplace – earlier application made in 2014 was subject to extensive conciliation and recommendations – matter ultimately not resolved and applicant lodged a new application, seeking an order regarding management courses for Supervisors and an independent investigation into alleged conduct – applicant further sought that all staff undertake training and be given information regarding bullying conduct – employer contended conduct not bullying but reasonable management action and claimed FWC does not have jurisdiction to consider certain matters – employer accepted that applicant’s belief in bullying conduct was genuine but contended this was subjective and not based on actual bullying – claimed by employer that applicant focused on criticising its processes rather than on the conduct and their response to it – employer stated that applicant currently working elsewhere and that it has made attempts to have her return to work – applicant’s complaints centred around incidents of aggressive and intimidating conduct as well as exclusion from staff meetings – the fact that applicant presently unfit for work considered indicative of risk, yet not conclusive as such an assessment includes the impact from both work and non-work factors – found that while unreasonable behaviour had occurred, much of this occurred in a particular context different from the earlier application – considered appropriate to hear further from parties on developments including the intention and capacity of the applicant to resume work and initiatives implemented since the 2014 application – Commission not presently satisfied that orders it can and should be made – further submissions sought. Ms LP
February 25, 2016
TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant sustained injuries in sky diving accident – applicant provided report to respondent from his orthopaedic surgeon detailing assessment of his condition – respondent requested independent medical examiner undertake medical assessment of applicant and provide recommendations on capacity to perform role – medical examiner report identified major issue affecting applicant’s capacity to undertake his position – meeting held with applicant, respondent and site leader where applicant presented a certificate from orthopaedic surgeon clearing him to return to work – respondent requested a further report from medical examiner in light of applicants report – show cause meeting held where applicant was given copy of supplementary report – applicant responded to show cause letter – Commission did not accept applicant would not be fit and proper to return to his position – Commission found applicant could perform requirements of his position – applicant not given a reasonable opportunity to respond to reasons of dismissal – reinstatement of applicant’s former position appropriate – Commission held appropriate to make order for remuneration of $13,043 lost by applicant as result of dismissal. Norman v Lion Dairy and Drinks Milk Ltd
February 25, 2016
TERMINATION OF EMPLOYMENT – performance – misconduct – ss.387, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed from employment for unsatisfactory performance and misconduct – evidence showed inconsistent performance by applicant throughout work history – on occasions work performance considered praiseworthy however evidence of persistent lateness coupled with some unsatisfactory conduct incidents – employer issued written and verbal warnings on number of occasions – contended valid reason for dismissal based on repeated lateness, failure to comply with company policy and misconduct related to speaking disparagingly towards supervisor – also contended had afforded applicant procedural fairness by issuing multiple warnings – applicant did not provide reasonable explanation for lateness – Commission found valid reason under s.387 of the Act relating to performance – established by documented incidences of lateness without prior notice in six months leading up to termination – employer also entitled to rely on documented misconduct – Commission accepted employer provided applicant both verbal and written notification for reasons for dismissal and provided applicant with opportunity to respond – Commission concluded applicant’s dismissal was not harsh, unjust or unreasonable – application dismissed. Rooney v Pickles Auctions P/L
February 25, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute under the Linfox and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2014 – status of site-specific custom and practice arrangements – rostering – work on public holidays – Linfox attempted to vary the custom and practice arrangements and to apply to the agreement and award provisions in relation to public holidays – Commission found this action was not open to Linfox in the light of the provisions of clause 5 (Custom and Practice) of the agreement – held Linfox not entitled to vary the custom and practice arrangements relating to public holidays and must revert to its previous practice. Transport Workers’ Union of Australia v Linfox Australia P/L
February 24, 2016
An application by Australian Maritime Safety Authority (Sch.6, Item 4 – Application to make a modern award to replace an enterprise instrument) will be determined by Fair Work Commissioner Johns.
February 24, 2016
Nineteen unfair dismissal applications will be heard today in the Fair Work Commission. The full list includes: Ashba Pty Ltd (Bowden), Lochinvar Pet Motel (Welsh), University of Newcastle (Nantsou), McDonalds Australia (Schifilliti), Brookshore Pty Ltd (Williams), Electricity Networks Corporation (De Villiers), Spicysugar Fashion Pty Ltd (Petruzio), Assenda Hotel Investment Company Pty Ltd(Morseth), St Vincent’s Hospital Melbourne (Steele), Shopperpedia Pty Ltd (Kirby), Goodstart Early Learning Limited (Youlden), Motorola Solutions Australia Pty Ltd (Jones), Immersive Technologies (Farmer), Alison Rae Toascone (Jackson), S & R Wyndham Pty Ltd (Houlahan), Rainbow Beach Hotel (Carey), Bundaberg South Licensed Post Office (Haywood), TNT Australia Pty Ltd (Drage), Allwater – Adelaide Services Alliance (Streng).
