An application for approval of the Back in Motion Health Group Ascot Vale Enterprise Agreement 2015 is before Fair Work Commissioner Lee in Melbourne.
January 29, 2016
Termination of employment – valid reason – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed for 18 years as a disability support worker – applicant dismissed after he joked about a colleague sexually assaulting their daughter – co-worker overheard joke and complained to company’s chief executive – co-worker had expressed discomfort with applicant’s sense of humour in past – applicant attended show cause meeting and apologised for his comments – Commission accepted on balance of probabilities applicant intended to provoke reaction from co-worker – respondent could no longer rely on applicant’s judgement with colleagues or vulnerable clients – found valid reason for dismissal – applicant had not been subject to adverse performance management or conduct reviews in the past – found employer could no longer have trust and confidence in applicant’s judgement in the future – dismissal not harsh, unjust or unreasonable – application dismissed. Hengst v Town and Country Community Options Inc.
January 29, 2016
Conditions of employment – redundancy – s.120 Fair Work Act 2009 – application to vary redundancy pay – Commission satisfied jurisdictional precondition in s.119 of FW Act met – applicant argued that recommendations and actions by outgoing employer brought about offer of employment by new employer – ‘to obtain employment for an individual means to procure another employer to make an offer of employment’ [Re Clothing Trades Award] – inquiry into effect of outgoing employer’s actions on incoming employer decision making necessary – incoming employer’s evidence demonstrated employment arose only because of the actions taken by outgoing employer to recommend employee – statutory tests for purposes of agitating Commission’s discretion satisfied – discretion exercised – redundancy pay reduced to nil. Colola P/L atf the Briggs Family Trust t/a Garden City Mechanical and Service Centre v Williams.
January 29, 2016
Termination of employment – misconduct – s.394 Fair Work Act 2009 – application for relief for unfair dismissal remedy – applicant dismissed following an investigation into his behaviour at Christmas function – aggressive behaviour – threat of violence – assault – applicant was inebriated – pushed employee into pool – fight between applicant and respondent’s General Manager after applicant told to leave function – Commission found valid reason for dismissal – not surprising applicant dismissed in circumstances – dismissal neither harsh, unjust nor unreasonable – applicant not unfairly dismissed – application dismissed. McDaid v Future Engineering and Communication P/L.
January 29, 2016
Industrial action – termination of protected industrial action – ss.418, 424 Fair Work Act 2009 – decision concerns two applications – s.418 application for industrial action to stop, not occur and to not be organised – s.424 application to terminate protected industrial action on ground it would threaten or threaten to endanger life, personal safety or health or welfare of population – action appears to be protected industrial action – s.418 application dismissed – not satisfied proposed industrial action would threaten to endanger life, personal safety or health of the welfare of the population – Vice President reserved liberty for parties to apply in event circumstances change warranting reconsideration of matter. Svitzer Australia P/L v The Australian Institute of Marine and Power Engineers.
January 29, 2016
Termination of employment – extension of time – s.394 Fair Work Act 2009 – application lodged 23 days late – application for relief from unfair dismissal – material and evidence filed did not address evidentiary considerations in s.394(3) of FW Act – Commission sent memorandum to parties confirming issue at hand was question of extension of time and not merits of application for relief from unfair dismissal – respondent confirmed it did not oppose extension of time – Commission held combination of personal and medical circumstances of applicant to be exceptional circumstances – extension of time application granted – application referred to Unfair Dismissals Unit – order to be issued. Wojcik v Region Peak Transport t/a Rocbrix P/L.
January 29, 2016
Nineteen unfair dismissal claims will be heard in the various state territory jurisdictions of the Fair Work Commission today. The attendees include: Caritas Austarlia (Forde); 2evolve Pty Ltd (Meyers); Sushi Tribe Pty Ltd (Foster); G4S Secure Solutions Pty Ltd (Watson); Administration and Marketing Solution Pty Ltd (Foster); Premium Showers Victoria Pty Ltd (Mazic); Engineering People Pty Ltd (Pauline); Kids Choice ELS WA Pty Ltd (Rolfe); Urbas Painting and Decorating Services (Gidman); State Sport Centres Trust (Gionfriddo); Hicube Logistics Pty Ltd (Moffitt); A & A Worm Farm Waste Systems Pty Ltd (Coddington); ORC International Pty Ltd (Kim); Centenary Suburbs Sales & Management Pty Ltd (Gething); Dr Ken’s Veterinary Clinic (Crowe); Bardrill Corporation Ltd (Dohnt); and Australia Post (Thakkar); GM Holden Ltd (Harvey).
January 28, 2016
Coles Group Supply Chain Pty Ltd will face a s.739 dispute application lodged by five staff (Collins/D’Antionio/Medic/Roberts/Thomson) in the Fair Work Commission in Sydney today. The full law list includes: Bill & Toni’s Italian Pty Ltd (Tomaras), Nestle Australia Limited (Ptolemy), Australia Post (Turner), Pat Thomas House Inc (Van Helfteren), SC Care Pty Ltd (Bastin), Australian Taxation Office (Rahman), SSB Pty Ltd (Spadafore), Cherating Pty Ltd (Picker), Simcoa Operations Pty Ltd (Adamson), Searoad Shipping Pty Ltd (Hamer), Modern Roof Restoration (Vic) Pty Ltd (Stevenson), Toll Tasmania (Miller), Sydney Night Patrol & Inquiry Co Pty Ltd (Palm), Girgenti Lawyers (Sheehy), McDonalds Flooring Accessories (Harrison), RACQ Operations Pty Ltd & Buric and Another (James-Guy), Calvary Health Care Adelaide Limited (Hansen), Allwater – Adelaide Services Alliance (Treen), Del-Re National Food Group Pty Ltd (Soukoulis) and McColls Transport Pty Ltd (Cufari).
