MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – Statement deals with draft determinations published in relation to plain language standard clauses – Commission published a Statement on 24 August 2018 [[2018] FWC 4976] confirming the provisional view expressed in a Decision issued on 14 August 2018 [[2018] FWCFB 4704], that modern awards set out at Attachment A should be varied to replace existing standard modern award terms with the plain language standard clauses – schedule of draft determinations was published on 24 August 2018 (revised on 7 September 2018) and comments were invited – 18 awards require further consideration – of the remaining 104 modern awards the only submission dealing with a substantive issue was received from the CFMMEU relating to the structure of standard clause H: Employee leaving during the redundancy notice period – Full Bench propose to issue final variation determinations in relation to standard clauses A-E to take effect on 1 November 2018 – propose to give to further consideration to the structure of the redundancy standard clauses F-H. 4 yearly review of modern awards – Plain Language – Standard Clauses
November 5, 2018
A light day faces the Fair Work Commission. The unfair dismissal/contract dispute list contains the following applications: SNS Employment Pty Limited (Grime), Campbelltown Radio Pty Ltd (Hand), Steritech Pty Ltd (Scott), Complete Care Physio Health Group (Das), Townsville Education Office (Catalano), MSS Security Pty Ltd (Mittmann), St Columba College Munno Para Inc (Brewer), Spastic Centre of South Australia (Smith), Secom Security Australia (Key), Hempel (Australia) Pty Ltd (Schwarz), Crossways Lutheran School Ceduna Associations Inc (Puccio).
November 1, 2018
The unfair dismissal/contract dispute list facing the Fair Work Commissioners today includes: Springmount Services (Foster), The Rental Specialist (Leyton), Zac Homes (Cardozo), Stacks Heard McEwan (Gourlis), QUBE Logistics (SB) Pty Ltd (Greenfield), Sydney Trains (Pirozzi), Qube Logistics (Parker-Tynan), Phillings Pty Ltd (Brierley), Carpet Call WA Pty Ltd (Dennis-Jones), Be Beautiful Whitfords Pty Ltd ATF The Thurlow Family (Robeson), Serco (Rose, Zianis), Transdev WA Pty Ltd (Elliott), Uber Australian Pty Ltd (Sahni), Helena College Council, Inc (Snyder), Ballarat Hy Motel Pty Ltd (Huang), Virgin Australia Airlines Pty Ltd (Ingall), Serco Citizen Services Pty Ltd (Tait), GMT Business Services Pty Ltd (Allen), Springmount Services (Foster), Kimberley College Ltd (Ferguson, Thomson), B Confidential Pty Ltd & Confidential Club Pty Ltd (Ruwoldt), TSA (Ryan).
October 31, 2018
The Fair Work Commission has 33 unfair dismissal/labour dispute claims listed for hearing today. Chapman Road Enterprises (Lawler), Complete Staff Solutions Pty Limited (Downey), FLSmidth Pty Limited (Harrison), Telstra Corporation Limited (Boulton), Wilson Security Pty Ltd (Johnston), Sydney Credit Union Ltd (Kumar), BAI Communications (Bartier), Trollplast Pty Ltd (Dewar), National Australia Bank Limited (Hickey), Marco Polo Aged Care Services Limited (Malafu), Chris Abbott Surveying Pty Ltd (Sparkes-Carroll), Allgem Jewellers Pty Ltd (Gryg), Broadspectrum Australia Pty Ltd (Lee), Boronia Corporation (Richards), Crosslinks Incorporated (Ellies), Institute for Aboriginal Development (Aboriginal Corporation) (Lerossignoi), LU Simon Builders Proprietary Limited (Anderson), Asaleo Care (Flamengo), FGD Pty Ltd (Strutt), Injekt’d Car Detailing (Clark), Department of Agriculture and Water Resources (Thompson), Peak Physique Coaching and Nutrition Pty Ltd (Smith), Nioa (Ray), Coles Supermarkets Aust Pty Ltd (Mascull), Rich Corporation Pty Ltd (Joel), Kimberley College Ltd (Ferguson, Thomson), Telstra Corporation Limited (Boulton), Ozcare (Rhind), Raine and Horne Woodford (Rowlands), Workforce Variable Pty Ltd (Toma), Queensland University of Technology (QUT) (Excobar), St George College Inc (Filippi).
October 30, 2018
The Fair Work Commission has a list of 24 unfair dismissal and labour dispute applications to hear today: Peabody Energy Australia Coal Pty Limited (Spencer), Telstra Corporation Limited (Boulton), The Trustee for The Salvation Army (NSW) Social Work (Kim), Turnbulls Brothers Yarram Pty Ltd (Borg), Chefs on The Run (Passerini), Linfox Armaguard Pty Ltd (Bramlett), Cooling Towers WA Pty Ltd (Rakovic), Corridoors College Limited (Wallis), Precision Shower Screens and Robes Pty Ltd (Valhu), Monash Health (Singh), Linfox Australia Pty Ltd (Paull & Chau and Others), Genius Learning Pty Ltd (Siliato), Wood Group PSN Australia Pty Ltd (Hanlon), Central Cleaning Supplies (Aus) Pty Ltd (Littel), Australian National Hotels Pty Ltd (Roberts), Northern Territory Fire, Rescue and Emergency Services (Simon), Australian Federal Police (Bekavac), Hindmarsh Constructions (McQueen), Trustees for the Roman Catholic Church, Archdiocese of Canberra and Goulburn (Crowley), Wood Group PSN Australia Pty Ltd (Hanlon), Surfers Paradise Anglicare Crisis Care Inc (Alexander), Australian Rail Track Corporation Limited (Templer), Harvest Christian College Kadina (Padman).
October 29, 2018
Twenty-six unfair dismissal/labour dispute applicants await adjudication in the Fair Work Commission: Byron Bay Management Pty Ltd (Downs), Trinity Smash Repairs (Longmore), Clinical Laboratoties Pty Ltd (Street), Toll Personnel Pty Ltd (Taulapapa), Marr Constracting Pty Ltd (Umback), Ryan Wilks Pty Ltd (Puszka), Finder Crew Pty Ltd/Hive Empire Pty Ltd (Wang), Warwick Institute of Australia Pty Ltd (Sharma), Southco Fasteners Pty Ltd (O’Brien), VicGarden Parking Pty Ltd (Mighton), Australian Paper (Plant), Mackillop Family Services Limited (Vies), CAPS Australia Pty Ltd (Dogan), GJK Facility Services (Mirceska, Stojkovski, Tuluk), Toshiba (Australia) Pty Ltd (Ownes), S.F. Express (Australia) Pty Ltd (Yew), Hempel (Australia) Pty Ltd (Schwarz), GJK Facility Services (Aggelis, Andreou), De Nooyer Investments Pty Ltd (Burke), The Trustee for Sunchip Log Handling Trust (O’Connell), Christian Schools Tasmania (McDonald), Australian Indigenous Agribusiness Company Pty Ltd (Berden), BG & TR Pty Ltd (Crisford), Trustee for the Two Towers Discretionary Trust(Wallis).
October 26, 2018
The Fair Work Commission lawlist today includes: Viterra Operations Pty Ltd (Pridham, Rose), Harvest Christian College Kadina (Padman), Tweed Health for Everyone Pty Ltd (Cox), Mammoth Industries Pty Ltd (Jerrom), DET Department of Education (Jardine), Supagas (Hrestek), Creswick Quartz (Kiely), Breathe Fresh Australia Pty Ltd (Sharan), Zadiea Pty Ltd (Thompson), Leading Edge Maintenance (O’Bryan), KDR Victoria Pty Ltd (Davila), Master Distributors Pty Ltd (Matheson), James Reynolds (Arklay), Therexa Pty Ltd the trustee for the Health Family Trust (Yammouni), Facade Management Australia Pty Ltd (Spencer), G-Corp Pty Ltd (Cook), Societe Air France (Brand), Hymix Australia Pty Ltd (O’Brien), Fairfax Regional Printers Pty Limited (Fennell), Stacks Heard McEwan (Gourlis), BCP Precast (Genoli), Toll Personnel Pty Limited (Fotiadis), Greater Bank Limited (Monahan), CVEM Security Group Pty Ltd (Martinelli).
October 26, 2018
TERMINATION OF EMPLOYMENT – contract for specified task – ss.386, 394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant worked on sections 10 and 11 of the Woolgoolga to Ballina, Pacific Highway upgrade project – respondent contended that the applicant was employed under a contract of employment for a specified task and his employment terminated on completion of the task, with the result that he was not dismissed – Dale v Hatch P/L considered – clear from ‘Engagement’ term of Contract that applicant not assured employment throughout the whole of the time that the respondent was engaged on the project – Contract stated applicant’s engagement would ‘end either when the project concludes, or the work for which you are employed on this project concludes’ – Commission found Contract was vague about length of time applicant may be employed for specific task – found applicant not employed under contract of employment for specified task – employment not terminated on completion of any specified task – satisfied dismissal harsh and unreasonable – ordered compensation of $728.62. Newton v Lend Lease Engineering P/L
