The star attraction today will be the Department of Defence running its defence of the dismissal of one of its members (Repo). The rest of the Fair Work Commission’s workload will include a visit from: FMR Investments (Quinlan), University of Queensland, School of Biomedical Sciences (Kollar), Gold Coast Intitute of Technology (Powell), Southport Yacht Club Inc (Bromley), Fibreglass Design Panels Pty Ltd (Chimonides), Bedford Phoenix Incorporated (Waszeniuk), Coles Supermatkets Australia Pty Ltd and Bi-Li Pty Limited (Hart), Lantrak Personnel Pty Ltd (Sellings), Schlumberger Australia Pty Ltd (Maitieg), Business Network Services Pty Ltd (Hay, Broadbent), Interfab Pty Limited (Lovett), Applied Fire Protection & Maintenance Pty Ltd (Haynes), Australian Broadcasting Corporation (Tan), Lidco Oregon Australia Pty Ltd (Yokohata) and ComfortDelgroCabcharge (Enami Fard).
October 12, 2015
The minerals extraction industry is represented in the Fair Work Commission today by Whitehaven Coal Mining Ltd. The fossil fuel miner has a quartet ( Harris, Heath, Kingdom and Shephard) attempting to mine the company’s resources. Other employers on parade today include: NUS Consulting Group Pty Limited (Connolly), Aurizon Operations Limited (Plant), Mermaid Marine Vessel Operations Pty Ltd (Baker/Harty), Queensland University of Technology (Leong), Merck Sharpe and Dohme (Australia) Pty Ltd (French), Print Wharehouse (Kolozsi), Cavglass Pty Ltd (Cave), Redmako RTO (Garner), Saxon Energy Services Australia Pty Ltd (Clements-Kupsch), ESS Engineering Services and Supplies Pty Ltd (Gilbert), Comcare Australia (Hutchinson), Knox City Council (Dunne Pfeiffer), Winslow Constructors (Proud), Australian Postal Corporation (Mc Cann), Regal Cream Products Pty Ltd & Regal Cream Products Pty Ltd (Paatsch), Toll Transitions (Doddi), Commissioner for Public Employment (Smith), Marthakal Homeland Resource Centre Inc (Page/Zikos), Australian Broadcasting Corporation (Tan), Hughes Drilling 1 Pty Ltd (Winkcup), Royal Flying Doctor Service of Australia Central Operations (Bird), St Josephs College Hunters Hills (Burke).
October 9, 2015
Calvary Home Care Services Ltd is facing an unfair dismissal claim (Lawrence) in Adelaide. Other cases today involve: Rooty Hill RSL Club Limited (Doldol), Coal Service Pty Ltd (Sorenson), Honeywell Ltd (Fisscher), Mackay Sugar Limited (Curtin), Woolworths Limited (Wilson), Period Style Furniture Pty Ltd (McConville), Total Beauty Network (Baker), Toll Transport Pty Ltd (David), Fleetwood Pty Ltd (Glykokalamos), National Training and Development (Flood), ISG Management Pty ltd & ISG Management Pty Ltd (Bowes), Mount Scopus Memorial College Ltd (Price), Teys Australia Southern Pty Ltd (Azami), TNT Express (Styles).
October 8, 2015
The tourism sector is over represented in today’s Fair Work Commission unfair dismissal hearing lists. Airlines Cleaning Services Pty Ltd (Nguyen), China Southern Airlines Limited (Mohanan) and Alliance Airlines Pty Limited (Van Bentum) will all be paraded before the industrial umpire. Other attendees today include: Ainsworth Game Technology Limited (Odgers), UnitingCare Wesley Adelaide Inc (Ha), Palcove Pty Ltd (Morris), Pure Espresso Pty Ltd (Rogerson), Tremor Group Pty Ltd (Munn), Betterway Capital PL AMP Financial Planning (Dally-Watkins), IQ Capital Pty Ltd (Dally-Watkins), Parmalat Australia Ltd (Parahi), City of Perth (Frost), Parmalat Food Products Pty Ltd (Tran), SPCG Pty Ltd ATF the SPCG Services Trust (Gorrie), Redstar Transport Operations Pty Ltd (Stubbs), Civil & Property Development Consulting Pty Ltd (Green), FMR Investments (Quinlan), Stanwell Corporation Limited (Stover), Konute Enterprises (Lama), Transdev Melbourne Pty Ltd (Walpola) and Latrobe City Council (Kyriacou).
October 7, 2015
Today’s Fair Work Commission combatants include: BGC Contracting Pty Ltd (Broad), Prahran Mission (Osborn), Specialist Diagnostic Services Pty Ltd (Moskou), Skilltech Pty Ltd (Ryan), GM Holden Ltd (Newbond), Qube Ports Pty Ltd (Alexander), D A Fire Services Pty Ltd (Loi), NBN Co Ltd (Venkatesan), Simpson Automotive (Dempster), Dust-A-Side Australia Pty Ltd (Cowley) and University of Queensland (Frijters).
October 6, 2015
TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as restaurant manager – applicant dismissed for failure to perform mandatory weekly stocktakes and being late to work on numerous occasions, resulting in late opening of the restaurant – Commission considered evidentiary cases for both parties – evidence led by applicant was considered either unreliable, irrelevant or counter to her own evidence – applicant’s witnesses provided two contradictory statements – Commission considered evidentiary case for respondent compelling – evidence of respondent’s witnessed had none of the hallmarks of fabrication or concoction – satisfied on the evidence that the respondent had a sound, defensible and reasonable basis, thus a valid reason for dismissal – applicant not accorded procedural opportunities to defend her position – not notified of her dismissal in advance nor provided an opportunity to respond to conduct and performance issues – Commission did not consider that the result would have been different had the applicant been able to exercise her rights in relation to such procedural opportunities – applicant’s continuing employment had become and unsustainable proposition – Commission found dismissal not harsh, unjust or unreasonable – application dismissed. Rani v Limitless Ventures Toscas P/L t/a Toscanis Mackay
October 6, 2015
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – application made on 25 August 2015, seven days outside of the 21 day limit – reason for delay was the applicant only became aware of his termination after returning from overseas on 20 August 2015 – whether exceptional circumstances exist [Nulty] – two reasons why application not lodged until 25 August – firstly was the period to 20 August 2015 when the applicant returned to Australia – secondly was the period from 20 August 2015 to 25 August 2015 when the application was lodged – Makenja relevant to first period – Commission considered that the applicant’s circumstances, in that he was overseas until 20 August 2015 and not aware of dismissal, should be regarded as exceptional – regarding the second period, satisfied that on his return to Australia the applicant acted promptly in order to progress the application – Commission concluded that the applicant’s circumstances can be regarded as exceptional – time for lodgement extended – application referred for conciliation. Curzon v Trident Plastics (SA) P/L
October 6, 2015
The Australian Institute of Trade Pty Ltd is the star turn as it has to defend two s.394 unfair dismissal claims (Johar/Tandon) in the Fair Work Commission in Melbourne. Other attendees include: Total Beauty Network (Baker); Ferguson Group Pty Ltd (Gautam); Roads Corporation (Van Efferen); Konute Enterprises (Lama); Ensign Services (Australia) Pty Ltd (Babajee); Stone Echo Pty Ltd (Jones); Laurent Boulangerie Pty Ltd (Kang); Ryans Freighters Trust (Whitehill); Go Electrical Pty Ltd (Kyriakides); ABBE Corrugated Pty Ltd (Ly); Sydney International Container Terminals Pty Ltd (Clifford); Parmalat Australia Ltd (Parahi); Anfield Muirs Pty Ltd (Little); Woolworths Limited (Taito/Young); Print Warehouse (Kolozsi); Jensen Bowers Unit Trust (Tseng); TMM Group Pty Ltd (Ansell); Imagine That Photography Pty Ltd (Kaganovich); Kids Choice ELS WA Pty Ltd (Rolfe); Parmalat Food Products Pty Ltd (Tran); Veolia Environmental Services (Australia) Pty Ltd (Sherriff); and Transclean Facilities Pty Ltd (Anwar).
