INDUSTRIAL ACTION – termination of protected industrial action – endangering life – s.424 Fair Work Act 2009 – the Independent Education Union of Australia (IEUA) and The Baptist Union of Queensland-Carinity (Carinity) engaged in protracted enterprise bargaining negotiations – the IEUA applied for termination of its own protected industrial action against Carinity – IEUA submitted that the protected industrial action posed a danger to student welfare – interim order to suspend all protected industrial action issued 23 October 2018 – NTEU v Monash considered – Commission found that circumstances were distinguishable from the facts in NTEU v Monash where the Full Bench accepted the potential impact of results bans on the welfare of university students – Commission found that the industrial action of the employees of Carinity was more an inconvenience and not as yet causing significant harm – found alternative arrangements had been put in place by Carinity to ameliorate the potential impacts of the industrial action on students – application dismissed – interim order suspending protected industrial action lifted. Independent Education Union of Australia
November 30, 2018
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – decision finalises the model term for requests for flexible working arrangements – model term will be inserted into all modern awards as part of the 4 yearly review of modern awards – reformatted model term set out at Attachment A to decision – the clause will come into effect on 1 December 2018 – Determinations to give effect to this will be published shortly. 4 yearly review of modern awards – Family Friendly Work Arrangements
November 29, 2018
The lawlist pertaining to unfair dismissal and labour dispute applicants in the Fair Work Commission includes: Cedar Place Aged Care Facility Limited (Hall), Hudson Meats Co Pty Ltd (Clark), HD Projects Pty Ltd (Fasavalu), National Patient Transport NSW Pty Ltd (Gardner), McPherson’s Consumer Products Pty Ltd (Surjadi), Sodexo Remote Sites Australia Pty Ltd (Robertson), Cash Converters Pty Ltd (Sher), Remondis Australia Pty Ltd (Williams), Metalwork WA Pty Ltd (Murphy), P&H Heating and Cooling Pty Ltd (Giplin), Linfox Australia Pty Ltd (Paull & Chau and Others), JB Hi Fi (McClounan), A.N.T. Building Pty Ltd (De Maria), Australian Catholic University (McDonald), East Gippsland Region Water Authority (Bates), University of Sydney (Rahim & MacDonald), Safe Places for Children (Davy), Springmount Services Pty Ltd (Hussey), Results Not Promises Pty Ltd (Scott), The Trustee for the Finn Family Trust (Keighley), Aloe Vera Industries (Hahn), BHP Coal Pty Ltd (Macklin), Pineca Pty Ltd (Williams), AHG Services (Qld) Pty Ltd & Dobson and Others (Swan), Roman Catholic Trust Corporation for the Diocese of Townsville (Harris), Gold coast Italo – Australian Club Ltd (Simeone), Dirtybits Pty Ltd (Callow), Independent Pub Group Pty Ltd (Erskine), Bevilles (Clarke).
November 27, 2018
The unfair dismissal/labour contract dispute lawsuit for today is: Royal Automobile Association of South Australia Incorporated (Hashemizadeh), Airservices Australia (Hooper), Sorbet Fashion Group Pty Ltd (Molitoris), Horan & Bird Energy Pty Ltd (Gaunt), Australian International Islamic College Board Inc (Amin), Munjuwa Health Housing and Community Aboriginal Corporation (House), Mint Training (Phung), Australia and New Zealand Banking Group Limited (Guedson), Evolve Scientific Recruitment Pty Ltd & Sensient Technologies Australia Pty Ltd (Hamrah), Superstop Auto Parts (Ting), Peddersen Industries Maryvale Pty Ltd (Collison), Guest Tek Australia Pty Ltd (O’Farrell), Hitachi Power Tools Australia Pty Ltd (Steel), DP World Sydney Limited (Racek), Australian Federal Police (Bellve), University of Technology Sydney (UTS), Konica Minolta Business Solutions Australia Pty Ltd (Kamojula), O-I Operations (Australia) Pty Ltd (Stallard), Positive Care Solutions Ltd (Green), The Salvation Army Red Shield Family Store Coffs Harbour (Merrick), Catholic Healthcare Limited (Gallagher, Clarke), Hickson, Hutchinson), Cedar Place Aged Care Facility Limited (Hall), Transit Australia Group (Kainzinger).
November 26, 2018
The Community and Public Sector Union and Australian Capital Territory Government as represented by WorkSafe ACT have a s.739 (Application to deal with a dispute) on foot before Deputy President Kovacic in his ACT chambers.
November 26, 2018
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – jurisdictional issue raised – application out of time by 82 days – applicant submitted representative error and was lead to believe by respondent dismissal was genuine redundancy – applicant became aware of the non-genuine nature of redundancy after dismissal – factual contest whether there was a redundancy – Kornicki v Telstra principles applied – Commission held applicant’s case not without merit or lacking in any substance – satisfied exceptional circumstances warranted granted an extension of time – exercised discretion to grant extension of time – referred for further programming. Irvine v Spandex Asia Pacific P/L t/a Spandex
November 26, 2018
ANTI-BULLYING – constitutionally-covered business – s.789FC Fair Work Act 2009 – application for an order to stop bullying – applicant employed as an Assessment Officer at Victorian Legal Aid – respondent objected on the ground that it was not a constitutionally covered business – respondent is a statutory legal aid body – the provision of legal aid and legal assistance services not considered a trading activity for present purposes – respondent’s overall activity is to provide its services gratuitously to the community using Government funds for a public policy purpose – Commission found respondent was not a trading corporation – no jurisdiction – application dismissed. Ms Robertson
November 26, 2018
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as Branch Manager – summarily dismissed for an alleged pattern of unacceptable behaviour involving elements of racism and abuse of power – Commission found three of the allegations not to be true – in relation to two other events, found the applicant’s actions were inappropriate – held actions not serious enough to constitute a valid reason for the applicant’s dismissal – found dismissal to be harsh, unjust and unreasonable – satisfied reinstatement inappropriate – small discount to the amount of compensation payable due to misconduct – ordered compensation of $32,000 plus superannuation. Ward v Reece Limited t/a Reece Group P/L
