It has been a rough time for the hospitality sector over the Christmas/New Year period with cafes, hotels and clubs making up twenty per cent of all claims before the industrial umpire today. Other employers making an appearance include: Castle Hill RSL Club Ltd (Armstrong); Hymix Australia Pty Ltd (Canny); Elevoc Constructions (Carlyle); YOUI Pty Ltd (Lambert); Teamforce Cleaning Services Pty Ltd (McEachem); The Vogue Cafe (O’Brien); Handbury Hotels Pty Ltd (Stanisic); Boral Resources (NSW) Pty Ltd (Terry); Fresh Choice Hoxton Park Pty Ltd (Ciric); GC Fresh Foods Pty Ltd as Trustee for the GC Fresh Foods Unit Trust (Spooner); McColls Transport Pty Ltd (Cufari); Lanotec Australia Pty Ltd (Green); Commonwealth of Australia (acting through and represented by the Department of Education and Training) (Ross); Retep Nominees Pty Ltd (Ikking); Woolworths Limited (Wright); and Kalmar Equipment (Australia) Pty Ltd (Foley).
January 8, 2016
Lend Lease Services Pty Ltd defends seven claims of unfair dismissal today in the Fair Work Commission. Other entities appearing include: Swire Cold Storage Pty Ltd (McQuillan), Industries Services Training Pty Ltd (Taglianut), Neami National (Watts), The Trustee for Red Paprika One Unit Trust (Widmer), Lend Lease Services Pty Limited (Arnold/Dale/Hoyle/Hutchins/Potts/Vaughan/Watt), Spingex Australia Pty Ltd (Jones), China Southern Airlines Limited (Mohanan), Santosheema Pty Ltd (Alexander), Lounges Plus Pty Ltd (Bernie), Trinity Grammar School (Yung), Australian Home Care Services (Oldham), Frank Gordon Pty Ltd (Starke), Croker Constructions (Jarvis), Curtin Student Guild (Yarran), Caradvice.com.au (Degasperi), Kukas Brothers Unit Trust (Sands), Dairy Country (Barkho), Danny’s Bar and Bistro Pty Ltd (Barden), Corrections Victoria – Department of Justice & Regulations (Chapple), Royal Women’s Hospital (Brysha), Moonee Valley Racing Club (Hinchen), Omnigas Services Pty Ltd (Panteleris), Endless Solar Operations Pty Ltd (Phillips), Woodard (Northern) Pty Ltd (Roberts), Virgin Australia Regional Airlines Pty Ltd (Bronleigh & Cougle and Another), Trevssec Pty Ltd (Guy), Daric Group P/L (Lloyd), Rainbow Beach Hotel (Carey), Girgenti Lawyers (Sheehy), Alice Car Centre Pty Ltd (Beckley), Philmac Pty Ltd (Huynh).
January 7, 2016
The Aged Care sector dominates today’s proceedings in the Fair Work Commission. A full list of participants includes: National Health Group (Neeteson-Lemkes), Twilight Aged Care (Qui), nestle Australia Limited (Ptolemy), Northern Foods Pty Ltd (Tham), Lanotec Australia Pty (Green), Compass Group (Wright).
January 6, 2016
An application for approval of the G James Safety Glass Pty Ltd Enterprise Agreement 2016 is to be heard by Fair Work Commissioner Roe in Melbourne.
January 6, 2016
Karingal Inc is defending an unfair dismissal claim from an ex-employee today (Carroll) in the Fair Work Commission. Other employers listed to appeal today include: Northside Community Service Limited (Isturiz), Gails on Sydney Pty Ltd (Waugh), Downer EDI Mining Blasting Services Pty Ltd (Bellingham), The Rejected Shop Limited (Leitzow), Hans Setiawan (Thaha).
January 5, 2016
RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application for right of entry permit – applicant’s entry permit expired in March 2015 – failed to return expired permit and purported to exercise right of entry powers pursuant to expired permit – applicant’s statutory declaration stated he did not realise the permit had expired until October 2015 and because he was not aware the permit had expired he sent purported entry notices on 12 occasions and obtained entry to employer premises pursuant to those notices whilst his permit was expired – Commission characterised conduct as very serious but unintentional – not satisfied applicant was a fit and proper person to hold unconditional permit – permit issued subject to conditions imposed to ensure the conduct was not repeated – applicant must have permit on his person at any time he exercises entry rights under the Act. The Australian Workers’ Union.
January 5, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal remedy lodged 146 days’ late – ordinary meaning of exceptional circumstances and consideration of all the circumstances considered [Professional Services Review Committee] – extensive reasons given for delay included personal matrimonial plans, stress, ignorance of 21 day time limit, advice from union and difficulties dealing with respondent – not persuaded difficulties were out of the ordinary, unusual or uncommon – not satisfied there were exceptional circumstances – application dismissed. Bateup v Charles Darwin University.
January 5, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant dismissed on 18 September 2015 – attempted to lodge application electronically on 20 October 2015 but lodgement unsuccessful because attachments sent in wrong format – eventually lodged on 28 October 2015 – Commission determined to treat application as lodged on 20 October 2015, 11 days outside statutory time limit – exceptional circumstances required for granting extension of time – applicant submitted delay the result of distress suffered due to dismissal, ignorance of time limit and delay in receiving appropriate paperwork – Commission not satisfied difficulties out of the ordinary, unusual or uncommon [Nulty] – no exceptional circumstances warranting extension of time – application dismissed. Kinerson v Electrical Home Aids P/L t/a Godfreys.
