CASE PROCEDURES – no reasonable prospects of success – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – Commission summarily dismissed unfair dismissal application at first instance on grounds it was frivolous, vexatious, and made without reasonable prospect of success – Full Bench noted decision is of discretionary nature can only be challenged where discretion not exercised correctly [House v The King] – found Commission formed the view that application had no reasonable prospect of success in circumstances where there was a live fact in issue concerning the appellant’s alleged resignation – Full Bench found a conclusive view could not have been reached without a full substantive hearing – this constituted an appealable error and manifested in injustice – permission to appeal granted – appeal upheld – decision quashed and referred for rehearing. Appeal by Toma against decision of Cambridge C of 24 May 2018 [[2018] FWC 2963] Re: Workforce Variable P/L t/a Workforce International
October 5, 2018
TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.386, 394 Fair Work Act 2009 – application for unfair dismissal – jurisdictional objection on ground that applicant was not dismissed – applicant employed as General Manager – change in ownership structure – owner became new General Manager – Commission found applicant did not resign – found dismissal unfair – dismissal was arguably redundancy – found applicant would not have remained in employment for longer than notice period paid – not an appropriate case to exercise discretion to award unfair dismissal remedy – unfair dismissal provisions not appropriate mechanism to recover money due under the FW Act or contract of employment [Dale v Hatch] – if applicant has a claim for redundancy entitlements or disputed bonus payments it can be made to a court. Gambling v Digital Fox P/L t/a Mango 4 Office Technology
October 5, 2018
ANNUAL WAGE REVIEW – 2018/19 financial year – s.285 Fair Work Act 2009 – Full Bench – draft timetable for the Annual Wage Review 2018-19 provided at Attachment A for comment – submissions regarding the draft timetable should be made by close of business on 11 October 2018 and can be filed electronically at [email protected] – all submissions will be posted to the Commission’s website. Annual Wage Review 2018-19
October 4, 2018
The Fair Work Commission lawlist today contains the following listings: Just Cleaning Queensland Pty Ltd (Bowden), BTM Investments (Topdas), MTCT Service Pty Ltd (Marino), Australia and New Zealand Banking Group Limited (Walter), Celemetrix (Dymond), Department of Defence (Geddes), Australian Health Practitioners Regulation Agency (Wren), N & HM Cooper Motor Search (SA) & Car Clearance Centre (SA) (Badcock), Uniting Communities (Cook), Qube Holdings Limited (Gattuso), Southern Metropolitan Cemeteries Trust (Azzopardi), Wallhallow Aboriginal Corporation (Slater), PhysioINQ (Ha), Young Man’s Christian Association of Sydney (Gray), Guest Tek Australia Pty Ltd (O’Farrell), T.N.T. Australia Pty Ltd (Soucek), Baiada Poulty Pty Ltd (Omer), Skippers Aviation Pty Ltd (Datoo), MSS Security Pty Ltd (Herrigan), Puma Energy (Anthony), Bronze Hospitality (Hansson).
October 4, 2018
The United Firefighters’ Union of Australia and ACT Emergency Services Agency have a s.739 (Application to deal with a dispute) before Fair Work Commissioner Wilson in Meeting Room 3 in the ACT.
October 3, 2018
The Fair Work Commission unfair dismissal/labour dispute hearing list today includes: Utilities Management Pty Ltd (Bushten), Spotless Services (Bull), Dechellis Homes (Lang), Broadspectrum (Australia) Pty Ltd & Suez Australia Pty Ltd & Suez Water Pty Ltd (Mayger), Sitemec Engineering Ltd (Macatangay), Central Queensland University (Habtay), Visy Board Proprietary Limited (Flower), Lana Thuy Vo (Wheeler), Benedict Recycling Pty Ltd (Rubayi), Reece Limited (Ward), St Joan of Arc Villa (Donovan), Coopers Arms Hotel Pty Ltd (Wright), 2Connect, Youth and Community INC (Onuoha), Broadspectrum Australia Pty Ltd (Lee), Watsons Logistics (Lloyd), Command Plumbing Pty Ltd (Murray), M Square Projects Pty Ltd (Parzinkas), Goulburn Park Pty Ltd (Mills), The Age Company Limited (Bartley), AHG Services (VIC) Pty Ltd (Manuel), Auspacific Property Investment Pty Ltd (Xu), Frankston and District Basketball Association (Weidemann), The Trustee for The Salvation Army (WA) Property Trust (Collins), Fisher Transport Pty Limited (Dunn), Greenhams Pty Ltd (Donohoe), Anglicare Central Qld (Oberg), North Buderim Pharmacy (Cole).
October 2, 2018
Eighteen unfair dismissal/contract dispute applicants will be heard in the Fair Work Commission today: Melbin Holdings Pty Ltd (Anderson), Regional Enterprise Development Institute Ltd (Summers), SUEZ Recycling & Recovery Pty Ltd (Allen), Hellius Pty Ltd (King), Care Services Administration Pty Ltd (Muras), Goodstart Early Learning Ltd (Morshed), Serco Australia Pty Ltd (Willard), Century Inn (Dowling), ISS Security Pty Ltd (Ebba), Serco (Rose, Zianis), Linfox Armaguard Pty Ltd (Mangamuri), Arenco Holdings Pty Ltd & Wu and Another (Myers), Kids on Clyde (Williams), Redox Pty Ltd (De Fazio), Hanes Australasia Limited (Bartonek), Ink Hotel Pty Ltd (Frisby), A & L Windows (Costa).
October 2, 2018
The Fair Work Commission unfair dismissal/labour dispute law list for today is: BRB Modular (Fumberger), Commonwealth Bank of Australia (Jelicanin), Urban Pedaler (Miller), Australian Paper (Plant), Woolworths Group Limited (Sharma), Patrick Projects Pty Ltd (King), Surfers Paradise Anglican Crisis Care Inc (Alexander), Central Connect (NSW) Pty Ltd (Kells), Watsons Logistics (Lloyd), Patrick Projects Pty Ltd (King), Excelcare Australia Limited (Millar), Aboriginal Health Council of Western Australia (Lee-Curtis), Sharp Airlines (Oehms), Rosary School (Kent).
