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
January 19, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – alleged dispute concerning allocation of overtime at large Regional Distribution Centre in Melbourne’s West – new policy introduced by employer requires employees to achieve certain productivity targets in order to be eligible for overtime shifts on the weekend – the Union concerned with the fairness of the policy and submitted it breached clause 16 of the Linfox and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2014 (the Agreement) – employer confirmed new overtime policy and denied this breaches the Agreement – questions as to whether the overtime policy introduced is in breach of clause 16.1 of the Agreement – Commission not satisfied clause creates entitlement for overtime to be offered to full-time employees before other options are considered – Commission found clause contains no reference to hours of work or overtime – Golden Cockerel applied – not satisfied on plain and ordinary meaning that policy breaches clause – application rejected. Transport Workers’ Union of Australia v Linfox Australia P/L
