INDUSTRIAL ACTION – order against industrial action – pattern bargaining – ss.412, 418 Fair Work Act 2009 – application for order to stop industrial action – respondent sought to replace the applicant’s two expired agreements with a single agreement – protected action ballot order (PABO) granted at third attempt – draft agreement based on respondent’s template agreement for the mobile crane sector – respondent gave notice that it would take industrial action – applicant submitted the proposed industrial action was not protected due to respondent engaging in pattern bargaining – whether respondent undertook a ‘course of conduct’ which involved ‘seeking common terms’ to be included in 2 or more agreements – applicant submitted respondent was negotiating a similar agreement with another employer at around the same time, and that it intended to take industrial action against them as well – Commission rejected respondent’s contention that a ‘course of conduct’ requires two or more employers in negotiations for an agreement with a bargaining representative at the same meeting – satisfied respondent was engaging in pattern bargaining – respondent was engaged in course of conduct which involved seeking common terms to be included in the proposed agreements of the applicant and another employer – whether respondent genuinely trying to reach agreement – found that respondent made first PABO before any negotiations had taken place – second PABO made after only one meeting between parties – found evidence demonstrated lack of preparedness by the respondent to take account of the individual circumstances of the applicant – not satisfied respondent was genuinely trying to reach agreement – order to be issued that the intended industrial action will not be protected industrial action. WGV Crane Group P/L v Constriction, Forestry, Maritime, Mining and Energy Union
September 4, 2018
The workload of the Fair Work Commission continues to lighten. The list is short enough to commit to memory: HV Operations Pty Ltd T/A Hunter Valley Operations (Budzynski, Lucas), BlackBerry Australia Pty Ltd (Wijesekera, Nilanga), HV Operations Pty Ltd T/A Hunter Valley Operations (Tudor, William), Coca-Cola Amatil (Aust) Pty Ltd (Daniel John Wescombe), Export Freight Systems Pty Ltd (Baler, Carly), International SOS (Australasia) Pty Ltd T/A International SOS (Madisso, Thapanee), Havas Media Australia Pty Limited T/A Havas Media (Farrokh-Siar, Anthony), MSS Security (Lozi, Mahmoud), Global Weat Solutions Engineering Australia Pty Ltd (Laxman, Mallesh), St Mina Medical Centre (Scannell, Bernadette Joy), Peerless Products Pty Ltd T/A Peerless Products (Patmore, Jonathon), Frost Crane & Co (Doherty, Peter), Pohlmans Nursery (Lally, Shayne), The Motor Hospital Pty Ltd (Brunger, Lucy), Energy Queensland Limited (Ward, Stephen), The Trustee for Innisfail Health Centre Trust T/A Innisfall Family Health (Fairfull, Maria (Tina)), Tutor2You Australia Pty Ltd T/A Tutor2You (Poyton, Curtis Nicholas), Brydens Lawyers Pty Limited T/A Brydens Lawyers (Crain, Lisa).
September 4, 2018
Only a handful of unfair dismissal/labour dispute applicants await adjudication in the Fair Work Commission. The list is: St Columba College Munno Para Inc T/A St Columba College (Brewer, Joshua), Communities @ Work Limited (Gulia, Rachna), V/Line Pty Ltd T/A V/Line (Nason, Warren), Di Placido Group T/A Perth Motorsport (Denver, David), Scitech Discovery Centre (Fletcher, Cory), Woolworths Group Ltd T/A Woolworths (Chitubura, Manail), Mindarie Regional Council (Gillies, Sharon), Perth Re Pty Ltd T/A Perth Re (Akpey, Tetteh), South Eastern Timber Finishing T/A High End Timber Finishing Pty Ltd (Nabi, Mohammad), Fineline Decorators Pty Ltd (Peisley, Justin Arthur).
September 4, 2018
An application for termination of the Safeworking Solutions Pty Ltd Infrastructure Agreement 2015 (s.225 – Application for termination of an enterprise agreement after its nominal expiry date) is the preserve of Senior Deputy President Hamberger in his Sydney chambers today.
August 31, 2018
United Firefighters’ Union of Australia v Metropolitan Fire and Emergency Services Board T/A MFB; and Country Fire Authority
August 31, 2018
Appeal by D’Ortenzio against decision of Platt C of 14 June 2018 [[2018] FWC 3286] Re: Charles Parletta Real Estate P/L
August 31, 2018
Duggan v Metropolitan Fire and Emergency Services Board t/a Metropolitan Fire and Emergency Services Board (MFB)
August 31, 2018
4 yearly review of modern awards – Payment of Wages
