A number of late additions to the hearing lists have another twenty-four cases of unfair dismissal staff disputes being heard this afternoon. They include: Department of Health and Human Services (Lombardo); Erceg & Co Pty Ltd (Gould); Australia Postal Corporation (Grandovec); Colorpak Limited (Harris); Nestle Australia Limited (Ptolemy); KK Technical Services Pty Ltd (Lipscombe); Qube Logistics (NSW) Pty Ltd (Crozier); Australian Automotive Group Pty Ltd (Cardosa); Clarke Kann Lawyers (Layton); Burley Bait (Coleman); Geographe Real Estate Pty Ltd (Gillespie); AP Eagers Pty Ltd (Walters); SuperSealing Pty Ltd (Haslett); The Australian Council for Education Research Limited (McLean); Carrera Total Pty Ltd (Saleski); Sommerville Retail Services Pty Ltd (Pham); BTE Technology (Efford); Churchill Management Pty Ltd (Employees of Churchill Management Pty Ltd); Electronics Boutique Australia (Holesgrove); Kawana Waters SLS Supporters Club (Bathgate); Allied Express Transport Pty Ltd (Marino); It’s Fresh Pty Ltd SA (Butler); Next Residential Pty Ltd (Gardiner); and Energy and Water – AMRS (Aust) Pty Ltd (Leong).
January 27, 2016
Twenty-nine labour disputes will be heard by the Fair Work Commission today. The line-up includes: Victorian Radio Network Pty Ltd (Makai); Monash Health (Richardson); Eastern Health (Kanyua); Retic Water Pty Ltd (Peterson); Ace Recycling Pty Ltd (Dobson); Kalmar Equipment (Australia) Pty Ltd (Foley); Presbyterian Aged Care (Wu); Civil Unlimited Pty Ltd (Barrett); Proactive Advertising Group Pty Ltd (Edwards-Graves); Eve O & G (Cox); Australian Nuclear Science and Technology (Purnell); The Trustee for Porter Family Trust No 2 (Sheedy); Halliburton Australia Pty Ltd (Munisamy); City of Subiaco (Munroe); Pizzata Direct Pty Ltd (Imondi); Region Peak Transport (Wojcik); Serco Group Pty Limited (Haidari); Konute Enterprises (Lama); Santosheema Pty Ltd (Alexander); Queensland Bulk Water Authority (Titmarsh); Crayvine Pty Ltd (Byrne); R & R Livestock Transport Pty Ltd (Duff); Civil Contractors Federation Queensland Branch (Sawford); HFB Pty Ltd ATF HFB Admin Trust (Priest); Goss Brothers Refrigerated Transport Cold Storage (Thompson); State Library of Victoria (Marks); Saandeep Chokhani & Meena Chokhani (Mathew); Mackay Turf Club Inc (Steindl); and the trustee for Theo Sourlos Family Trust No 2 (Baker).
January 21, 2016
Twenty-four employment grievances are set to be tortuously played out in the portals of the Fair Work Commission today. The passing parade includes: Australian Nuclear Science and Technology Organisation (Purnell); Flight Attendants’ Association of Australia – International Division (Fed) (Diack); City of Subiaco (Munroe); Sunny Sign Company Pty Ltd (Court); MWA Vessel Operations Pty Ltd (Milovale Mascoe); Quick Corporate Australia Pty Ltd (Finn); Department of Justice and Regulations (Cole); A & A Worm Farm Waste Systems Pty Ltd (Coddington); The H + C Trust (Rauk); Crokar Constructions (Jarvis); Victorian Radio Network Pty Ltd (Makai); ORC International Pty Ltd (Kim); Commonwealth of Australia (Australian Taxation Office) (Shamir); United Equipment Pty Ltd (Cole); Cerebral Palsy League (Gee); FLSmidth Pty Ltd (capuzzo); Copper Refineries Pty Ltd (Dennien); Kalmar Equipment (Australia) Pty Ltd (Foley); Dr Dennis W Collis Pty Ltd (Moriarty); Anglo Coal (Moranbah North Management) Pty Ltd (Breen/Shedden); Pope Nitschke Pty Ltd (Parsons); and BGC Contracting Pty Ltd (Thompson).
January 20, 2016
Eighteen cases of unfair dismissal will be heard by the Fair Work Commission today. The list includes: Monadelphous Engineering Pty Ltd (Hilton); Geographe Real Estate Pty Ltd (Gillespie); The Symon Trust (Horlor); Coca-Cola Amatil (Australia) Pty Ltd (Campbell); Copper Refineries Pty Ltd (Dennien); Council of the City of Gold Coast (Smith); AECOM Government Services Australia Pty Ltd (Hall); Cambewarra Estate (Behrena); Ceres Agricultural Company Pty Ltd (Regan); MSS Security Pty Ltd (Moyle); Carisbrook Pty Ltd (Mercer); Chandler Macleod Group Limited (Ali); Plantman Equipment (Banda); SolarisCare Foundation Ltd (Gugiatti); The Australian Council for Education Research Limited (McLean); Tiny Treasures Early Learning Centre (Gajic); Karingal Inc (Carroll); and Commonwealth of Australia (Australian Taxation Office)(Shamir).
January 19, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – reasons for decision issued after application determined given urgent nature of dispute – parties agreed to arbitration – dispute concerned substitute day provision in respect of Proclamation day – whether ‘actual day’ refers to original day or substituted day – applicant alleged the holiday should be observed on Saturday 26 while respondent alleged it should be observed on Monday 28 – principles of construction considered – considered operation of enterprise agreement in context of NES and public holidays’ legislation – ordinary and natural meaning of provision applied – Commission determined words ‘actual public holiday’ in clause 16.5.4 in context of Proclamation Day 2015 mean Monday 28 December 2015 – determination made. Shop, Distributive and Allied Employees Association v Coles Group Supply Chain P/L t/a Cold Edinburgh park Distribution Centre
January 19, 2016
TERMINATION OF EMPLOYMENT – probation – s.394 Fair Work Act 2009 – respondent was not satisfied with progress of a task being completed by applicant and decided not to confirm applicant’s appointment and terminated her employment in accordance with clause 22 Probation of the Agreement – applicant contended that she was terminated due to a bullying complaint made and that she was a union member – Commission could not conclude that applicant was dismissed due to a bullying complaint and her union membership – found that applicant was terminated due to lack of satisfaction with the progress of a task being completed by the applicant – Commission was not satisfied that reason for dismissal was valid and found applicant unfairly dismissed – applicant sought reinstatement as a remedy – respondent opposed reinstatement – Commission ordered applicant be reinstated into her role on terms and conditions no less favourable than those when she was employed. Dr Lawless v Charles Strut University
January 19, 2016
GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application 5 days out of time – applicant alleged he was dismissed for refusing to supply details about clients of previous employer to respondent – direct conflict in versions of events – applicant sending application to wrong number not exceptional – respondent would be prejudiced by extension – merits do not give weight to existence of exceptional circumstances – no exceptional circumstances – application dismissed. Mulry v Matrix Freight Systems P/L t/a MTX Couriers
January 19, 2016
TERMINATION OF EMPLOYMENT – extension of time – representative error – s.394 Fair Work Act 2009 – application lodged one day outside of statutory limit – applicant must prove exceptional circumstances before Commission can grant an extension of time – reason for delay was that the applicant’s representative calculated the days for lodgement incorrectly – Commission satisfied delay was a consequence of representative error – applicant became aware of dismissal on the day it took effect – not clear whether applicant took steps to dispute the dismissal – difficult to suggest delay of one day would cause prejudice to the employer – satisfied on the merits that there is an arguable case – Commission satisfied there are exceptional circumstances to warrant an extension of time to file application – extension of time granted – conference conducted immediately after decision settled dispute – application discontinued. Hamad v Dixie Cummings Enterprise P/L
