NEWS HR

Whitehaven Coal Mining Ltd is the star of the Fair Work Commission today with four ex-employees (Harris, Heath, Kingdom and Shephard) having a crack at mining some funds from the fossil fuel extractor. Twenty-three other entities will also appear in the Fair Work Commission today at the behest of ex-employees including: Santosheema Pty Ltd (Alexander), HCH (WA) Pty Ltd (Chitty), Whybin/TBWA Group (Asmar), Ladywood Clinic (Paterson-Gray), Grizzly Energy Services (Jordan), Roberts Limited (Pearson), SMS Rental (WA) Pty Ltd (Banam), Spa Beauty & Wellness Pty Ltd (Ferreira), Lanier Australia (Pender), Taxation Management Services Pty Ltd (Armstrong), Water Corporation (Kretchmar), Tidewater Marine Australia Pty Ltd (Lombardo), MMA Offshore Vessel Operations Pty Ltd (Milovale Masoe), FQM Australia Nickel Pty Ltd (Gonzalez), RePipe Pty Ltd (Dunne), Meridian Services (Chandler), PJ Event Decorators Pty Limited (Raymond), ALDI Stores (Pavlov) and ABBE Corrugated Pty Ltd (Ly).

The Australian Federal Police will be in the Fair Work Commission today to defend an s.739 dispute application (Van Dissel) before FW Deputy President Kovacic in Canberra. Other entities appearing today include: Boart Longyear (Waterworth), NTI Limited (Post), NTD Management Pty Ltd (Barber), Bradconn Pty Ltd (Hussey), Gladstone Area Water Board (Ellem), University of Canberra (Hoyle), Bank of Sydney Ltd (Repici), Metro (Singh), KDR Victoria Pty Ltd (Soares), United Facility Group Pty Ltd (Jurcevic), Johnson Meats (Carruthers), Shevron Industries Pty Ltd (Pagalia), McCain Foods (Aust) Pty Ltd (Bridges), Valued Independent People (Fraser), Peter John Vanderbeek & Kerry Lyn Vanderbeek (Kos), MDA National (O’Meara), Berala on the Park HR Pty Ltd (Camille), J.G Cleaning Contractors Pty Ltd (Hobson), Fujitsu Australia Ltd (Sharma), Andrew A and Tracy L Hall (Bernardi), EZKO Property Services (Aust) P/L (Vasilas) and FQM Australia Nickel Pty Ltd (Gonzalez).

The Fair Work Commission will hear fourteen claims of unfair dismissal, two of which emanate from the aged care sector (Australian Aged Care Group Pty Ltd (Pitts) and Uniting Care Wesley Adelaide Inc (Ha). The other applications to be heard today include: Preview Industries Australia Pty Ltd (Taarnby); ProSciTech Pty Ltd (Ohnesorge); Spotless Cleaning (Beniyamin); Jetta Express Pty Ltd (Shaba); Grant Andrew Burns Family Trust (Camenzuli); G8 Education (Drury); Cuddlepie Early Childhood Learning Centre (United Voice); Macquarie Group Services Australia Pty Ltd (Ross); Play Tennis World Pty Ltd (Backes); The Fire Company Pty Ltd (De Lima Oliveira Santos); Pickles Auctions (Rooney); Australian Taxation Office (Kathuria); and Coulter Vets P/L (Vavlitis)

Virgin Australia Airlines Pty Ltd is being accused by an ex-employee (Worthy) that the airline H.R. boffins have over reached. Other companies running defence of their employment practices today include: Gympie Regional Council (Billiau), Simpson Automotive (Dempster), Persuader Pty Ltd (Brizzi), Hella Australia Pty Ltd (Letts), ACE Audiology & Hearing (Allan), King of Smiles Pty Ltd ATF Bakare Family Trust (Harlow), Hoover Container Solutions Pty Ltd (Ramsay), Union Hydraulics Pty Ltd (Wallwork), West Wimmera Health Service (Lynch), ACE Operations Pty Ltd (Davies) and Microanalytix Pty Ltd (Pettitt).

TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – applicant performed duties as production technician – applicant commenced employment in OCtober 2011 – fly-in fly-out basis roster with two weeks work then one week rest – applicant did not seek medical attention – six months later applicant sustained further work related respiratory illness as a result of hydrocarbon exposure – applicant made worker’s compensation claim which was accepted – applicant did not work between 24 December 2012 and 29 January 2014 – respondent had several meetings regarding applicant’s inability to fulfil inherent requirements and applicant’s failure to find suitable alternative employment during redeployment process – applicant dismissed on 29 September 2014 – Ermilov and Birdi followed – Commission satisfied that dismissal based on an employee’s inability to carry out the inherent requirement of a position is a valid reason for termination [J Boag and Son] – applicant dismissed. Mwakichako v BHP Billiton WAIO P/L

Companies defending their staff separation procedures in the Fair Work Commission today include: Pedare Christian College Inc (Golding), GA & MH Williams (Gabarretta), Monaghans (SA) Pty Ltd (Dolphin), The Surf Club Burleigh Heads (Kirk), Copper Refineries Pty Ltd (Dennien), Anglo Coal (Capcoal Management) Pty Ltd (Gill), Recrosport Pty Ltd (Riches), Mungabareena Aboriginal Corporation (Cue-Ahmat), OneSteel Manufacturing Pty Ltd (Pedulla), Blizzard Productions Pty Ltd (Foster), Polevine Pty Ltd (Baron), Arc Holdings (WA) Pty Ltd (Zare), West Australian Newspapers Limited (Jacob), SFDC Australia Pty Limited (Phillips), G8 Education Ltd (Cotogno), Caradvice.com.au (Degasperi), General Assembly Australia (Lock) and Hunter Development Corporation & Hays Specialist Recruitment (Australia) Pty Ltd (Palmieri).

Seventeen companies including Toyota Motor Corporation Australia Limited and Origin Energy Ltd front up to the industrial ‘beaks’ today to explain their work separation policies. The other companies include: Trident Plastics (SA) Pty Ltd (Curzon), Mackay Gymnastics Inc (Day), Ashton Co-operative Society Ltd (Boxsell), Q.Y & Lynn Pty Ltd & QY Development Group Pty Ltd (Rios), Clarity CA Pty Ltd (Atkinson), Paxus Australia Pty Limited (Momand), Aurizon Operations Limited & Barrable (Baranski), Atwood Australian Waters Drilling Pty Ltd (Walker), Pilbara Iron Company (Services) Pty Ltd (Nikora), Authentic Signs Pty Ltd (Malik), Deep Green Landscaping Pty Ltd (Lonergan), Salamander Bay Recycling (McGowan), Caloola Vocational Services Inc (Austin), Bedlam Enterprise Pty Ltd (Templeton/Natoli), Toyota Motor Corporation Australia Limited (Avila), GJK Facility Services Pty Ltd (Petrohilos/Skendaris), Origin Energy Ltd (Baird) and Monkey Business Whitsunday Pty Ltd (Farrell).

Termination of employment – extension of time – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – application for relief for unfair dismissal filed thirteen days out of time – no extension of time granted at first instance – appellant lodged application for permission to appeal twenty-five days out of time – Full Bench considered matters relevant to the exercise of its discretion to extend time [Jobs Australia v Eland] – no reasonable prospect in obtaining permission to appeal – no arguable case of appealable error demonstrated – extension of time to file appeal refused – appeal dismissed. Appeal by Coppola against decision of Gooley DP of 4 May 2015 [[2015] FWC 3070] Re: Independent Cleaning WA P/L.