Case procedures – evidence – ss.185, 604 Fair Work Act 2009 – appeals – Full Bench – appeal against decision to refuse application to correct decision to approve University of Western Sydney Academic Staff Agreement 2014 (agreement) – unions argued footnote in agreement had been inadvertently deleted with unintended adverse financial results – application to correct decision dismissed at first instance – new evidence heard on appeal – in public interests to grant permission to appeal – permission to appeal allowed – decision of Commissioner set aside on basis of new evidence – error in agreement to be corrected. Appeal by University of Western Sydney against decision of McKenna C of 15 July 2015 [[2015] FWC 4793] Re: National Tertiary Education Union
October 21, 2015
Termination of employment – genuine redundancy – ss.389, 392, 394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent claimed genuine redundancy – Commission found respondent did not comply with consultation requirements of enterprise agreement and did not meet statutory requirements of s.389(1)(b) of the FW Act – found not genuine redundancy – dismissal harsh, unjust and unreasonable – reinstatement not ordered as inequitable – compensation to consider all the circumstances of the case [Haigh v Bradken Resources] – compensation of 4 weeks’ pay ordered. Cvejic v Academy Services P/L
October 21, 2015
Termination of employment – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – application not made within 21 days of prescribed time limit – reasons for delay – applicant was out of the country and not able to lodge application in time – applicant’s father was ill after the dismissal – Commission considered whether exceptional circumstances existed [Nulty] – Commission found exceptional circumstances existed – time for lodgement extended – application referred for conciliation. Engelbrecht v Principals Australia Institute t/a Principals Australia Institute Ltd
October 21, 2015
Termination of employment – costs – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – application for permission to appeal from decision at first instance rejecting a costs application made by the appellant – appellant contended Senior Deputy President erred in law and in fact by not granting costs application – Coal & Allied applied – whether in public interest – Full Bench held no error in original decision – decision under appeal discretionary in nature – no error in exercise of discretion – application for permission to appeal dismissed. Appeal by RePipe P/L against decision of O’Callaghan SDP of 11 August 2015 [[2015] FWC 5293] Re: Dunne
October 21, 2015
Fair Work Vice President Michael Lawler might have put his boss Justice Iain Ross offside with his admission on the ABC Four Corners TV programme that he had taped conversations between them. So today Lawler has been sent to Orange to preside over a single unfair dismissal case. Other cases to be heard today include: Shipinki Pty Ltd (Barker), B J Ball Papers (Beavan), Iplex Pipelines Australia Pty Ltd (Wendt), Camp Australia (Ferrie), Australian Postal Corporation (Zoric), Boart Longyear Pty Ltd (Ratajczak), Department of Education and Training (Mahazi), Transdev Melbourne Pty Ltd (Walpola), Marcellin Technical College (Lock), Guru Productions Pty Ltd (Stirk), Chi Kin Krn Ma (Te Rangipuawhe), Bibina (Goldie), Rod Pilon Transport (Hodge) and Pace Farm Pty Ltd (Galea).
October 20, 2015
Moonshadow Tours Pty Ltd is facing a s.372 application (Zabaleta) in Newcastle this morning. Other labour disputes to be heard include: Rod Pilon Transport (Hodge), Industrial Galvanizers Corporation Pty Ltd (Zanti), Australian Taxation Office (Kathuria), ISS Security Pty Limited (Cawley), The Trustee for the Fleafleay Family Trust (Pate), Latro Southern Pty Ltd (Barbaro), Maddington Family Medical Centre Pty Ltd (Sinha), DWB Nominees Pty Ltd (Glossop), City of Ballarat (Petrov), PR Kitchen and Washroom Systems Pty Ltd (Bryce), Grant Andrew Burns Family Trust (Camenzuli), Department of Education & Training (Victoria) (Lucas), Nationwide New Pty Ltd (Cochrane) and Pope Nitschke Pty Ltd (Parsons).
October 19, 2015
The Fair Work Commission will hear twenty unfair dismissal cases today including: Circus Media Pty Limited (Forrest), Dairy Country (Barkho), Kennedys Personal Training Pty Ltd (Christie), University of Newcastle (Kitanovski), Play Tennis World Pty Ltd (Backes), AH&B College Pty Ltd (Drake), Commissioner for Public Employment (Barnes), Assessment Centre Technologies Pty Ltd (Zadeh), Kailis Bros Pty Ltd (Horner), Watco WA Transportation Services Pty Ltd (Phillips), Imprimater Pty Ltd (Vasiljevs), Parabec Pty Ltd (Mulhall), Pope Nitschke Pty Ltd (Parsons), AGL Torrens Island Pty Ltd (Lockwood), Ensign Australia Pty Ltd (Hafer), Prosegur Australia Pty Ltd (Stuckey), Tackle World Adelaide Metro (Hocking), Gladstone Area Water Board (Ellem), Bunnings Group Limited (Ekstrand), Marthakal Homeland Resource Centre Inc (Page).
October 16, 2015
RIGHT OF ENTRY – application for permit – ss.513, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision granting right of entry permit to Mr Ravbar, Divisional Branch Secretary of CFMEU – key ground of appeal concerned whether the DP at first instance should have implied Mr Ravbar was responsible for any of the conduct giving rise to penalties involving contraventions by CFMEU – public interest not enlivened – no evidence before Commission linking Mr Ravbar to contraventions by CFMEU – not sufficient to rely on assertion of CFMEU’s history of non-compliance with industrial laws and cultural wilful disobedience – no facts in evidence supported an inference that Mr Ravbar omitted to take any reasonable steps to ensure that others under his control failed to comply with the law – no evidence to support a finding that CFMEU’s history of contraventions said anything about Mr Ravbar’s personal conduct, character or reputation – appealable error not identified – appeal dismissed. Appeal by Director of the Fair Work Building Industry Inspectorate against decision of Lawrence DP of 13 April 2015 [[2015] FWC 2158] Re: Construction, Forestry, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch.
