Twenty-two unfair dismissal/labour disputes will be heard by Fair Work Commission today. The list is: Blue Monkey Restaurant (Baxter), HammondCare (Taylor), Bunnings Group Limited (Risteski), Krio Krush Basic Foods (Kalache), Looksmart Alterations Pty Ltd (Leise), Active Towing Sydney Pty Ltd (Stipis), Woolworths Group Limited (Wynn), Freedom Fuels Australia Pty Ltd (Bennett), Servo Australia Pty Ltd (Terito), L C Dyson’s Bus Service Pty Ltd (McMahon), Linfox Australia Pty Ltd (Bailey, Pisano), Mining One Pty Ltd (Kurucuk), Ambulance Victoria (Singh), ANZ (Lawton), Engytech Engineering Services Pty Ltd (Mendis), Traffic Control Innovations Pty Ltd (Monroe), CG Recruitment (Snell – Scasbrook), Hanson Construction Materials Pty Ltd (Pericich), Staff Australia Pty Ltd (Dorvil), Kwikfix International (Beeching), UCSA (Dunthorne).
August 16, 2018
The lightest of caseloads faces the Fair Work Commission this morning. The list is: Vallec EP NSW Pty Ltd (Green), Newcastle Weighing Services Pty Ltd (Mace), Linfox Australia Pty Ltd (Sutherland), Suncamper Pty Ltd (Oates), Commonwealth Bank of Australia (Samuel), MSS Security (Lozi), Hudson Global Resources (Aust) Pty Limited (Holland), Stryker Australia Pty Ltd (Simpson), Serco Australia Pty Ltd (Willard), Cambridge Gulf Limited (Maiolo), CCV Australia Pty Ltd (Lim), Patrick Robinson and Co (Licastro), Australian Capital Territory (Peraic), Inayya Trading Pty Ltd (Watson), Legend Corporate Services Pty Ltd (Stonell), Svitzer Australia Pty Ltd (Paparella).
August 15, 2018
Twenty unfair dismissal/labour dispute applications are listed for hearing in the Fair Work Commission today. The full list is: QBE Insurance (Australia) Limited (Birchwood), Dann Event Hire (Quilty), RPay Plus Pty Ltd (Royal Pay)(Zhao), Rosscarbery Holdings Pty Ltd (Jadach), Commonwealth Bank of Australia (Samuel), Securitas (Scott), Subway(Starr), Fit Merchandising Pty Ltd/Fit Concepts Pty Ltd (Blee), Bradken Resources Pty Ltd (Mountford), Perth Kawasaki (Churchward), Frontline Services Pty Ltd (O’Callaghan), Moonee Valley Racing Club Inc (Ellikuttige), Qantas Ground Services Pty Ltd (Kennedy), PMH Auto Tech Pty Ltd (Beginov), The Playford Hotel (Nesci), Svitzer Australia Pty Ltd (Paparella), Legend Corporate Services Pty Ltd (Stonell), The Trustee for PBS (Newcastle) Family Trust (Marlow), Gateway Lifestyle Employment Services Pty Ltd (Martin).
August 14, 2018
The list to hear unfair dismissal/labour dispute assertions in the Fair Work Commission today is: OPEC System Pty Ltd (Pierce), Qantas Airways Ltd (Edmunds), Greenland Holding Group (Majeed), Insurance Australia Group (Balbissi), DP World Sydney Limited (Barnes), Jets/Qantas Road Express (Lewis), Country Acres (Hall), National Australia Bank (King), Dampmaster Pty Ltd (Thititanavanich), University of Sydney (Rahim & MacDonald), Peoplebank on behalf of Bankwest (Edwards), ARVESA Pty Ltd (Phan), The WorkPac Group (Ronayne), Knightcorp Financial Services Pty Ltd (Wilson), Victoria University (Laakso), National Union of Workers-General Branch (Parker), Omnigas Services Pty Ltd (Dunne), Australian Liquor Marketers Pty Limited (Kalweit), St Johns Community Care Program Ltd (Nichols), Mecca Bah (Gold Coast) Trust (Boudna), A! Colon Hydrotherapy Brisbane (Marambio), Multi Cultural Youth Education Support Services Limited (Edwards), Svitzer Australia Pty Ltd (Paparella).
August 10, 2018
TERMINATION OF EMPLOYMENT – valid reason – diplomatic immunity – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant is a national of the Republic of the Philippines – was recruited from the Philippines by respondent to work in Australia pursuant to a contract of employment as a foreign domestic worker under a subclass 403, Domestic Worker (Diplomatic or Consular) visa – applicant employed to perform domestic work, including childcare/nanny-type work, in a private residence – when employment commenced respondent was a First Secretary (Consul) employed at the Sydney offices of the Consulate-General of the Republic of Iraq – initial matter raised in respondent’s submissions was the operation of the Consular Privileges and Immunities Act 1972 (Cth) applied to the circumstances of the applicant’s employment – submitted that full diplomatic privileges apply and respondent was ‘immune from these proceedings – Commission found applicant met each of the eligibility criteria specified in the Fair Work Act – satisfied applicant was a person protected from unfair dismissal and eligible to make an application – Commission considered the employment of a private domestic worker performing the role that the applicant undertook would not, it seems, be within the official consular functions of the respondent and, therefore, it also seems, there was no immunity to be claimed – applicant dismissed after questioning employment arrangements following discussions with Department of Foreign Affairs and Trade – Commission found no valid reason for dismissal – satisfied applicant not paid in accordance with contract of employment – found applicant was unfairly dismissed – ordered compensation of $20,000. Buenaobra v Alesi
August 10, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – redundancy – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – dispute under the Unilever Australia Trading Limited Tatura Site-Enterprise Agreement 2015 – whether periods of service as casual or seasonal employees should count as service for the purpose of determining entitlements to redundancy payments under Agreement – Commission found ‘service’ had ordinary meaning of a period of employment with employer including casual or seasonal employee – on appeal to Full Bench – at common law there is no continuity of service between casual engagements – clause 1 of attachment to Agreement states ‘this Redundancy Agreement does not apply to casual or seasonal employees’ – exclusion of casual or seasonal workers in clause 1 clear and of general application – Commission made error that clause 1 exclusion relates only to entitlement to payment and not calculation of service – distinguished Donau – Donau should not be seen as establishing any principle about the application of s.22 of the FW Act to casual employment or the approach to calculating service in enterprise agreements – appeal upheld – decision at first instance quashed – AMWU’s application under s.739 determined by further decision of Full Bench that service of casual and seasonal employees does not count as service for the purpose of calculating redundancy payments pursuant to clause 2.7 of Attachment 4 of the Agreement. Appeal by Unilever Australia Trading Limited against decision of Gooley DP of 30 July 2018 [[2018] FWC 1150] Re: “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
August 10, 2018
CONDITIONS OF EMPLOYMENT – wages – equal remuneration order – ss.157, 302 Fair Work Act 2009 – Full Bench – on 27 July 2018 the Full Bench issued a statement indicating that the proceedings may give rise to issue of whether the minimum rates of pay applicable to early childhood teachers in the Educational Services (Teachers) Award 2010 are properly set having regard to the value of work performed by such teachers – noted that Commission had power under s.157(2) of the FW Act to make a determination varying minimum wages in a modern award for work value reasons – s.157(3) enables Commission to make such determination on its own initiative or upon application – applicant made application to adjourn matter to either amend application or file a further one to address the work value issue – contended that continuation of matter raises possibility of calling witness twice in current matter and in relation to the new application – adjournment opposed by several parties – Full Bench considered that there would be substantial overlap between the current application and any future work value application under s.157(2) – agreed that it would be likely that witnesses would need to be recalled – adjournment granted – hearing dates for 31 July, 1-2 August and 6-10 August 2018 vacated – applicant directed to file its amended application, further application or position document by 13 August 2018 – matter listed for directions hearing on 30 August 2018 at 9:00am – remaining hearing dates on 10-11 and 24-26 September 2018 retained – all parties’ rights are reserved pending any further directions. Independent Education Union of Australia
August 10, 2018
INDUSTRIAL ACTION – order against industrial action – ss.413, 418, 603 Fair Work Act 2009 – application by Castlemaine Perkins P/L (CPPL) for order to stop industrial action by United Voice and relevant employees – CPPL contended United Voice did not comply with interim bargaining order and action is therefore unprotected under s.413(5) of FW Act – United Voice argued their non-compliance a matter of form rather than substance and applied under s.603 for variation of order to cure non-compliance – Commission considered principles relevant to exercise of discretion under s.603 – applied guidelines established in Esso – whether non-compliance due to oversight or inadvertence or unacceptably careless disregard or contumaciousness – found discretion to vary should not be exercised in circumstances of case as non-compliance at best careless disregard – application for variation of order refused – further consideration of order to stop industrial action to issue – interim industrial action order issued prior to hearing to remain in effect until question is determined. Castlemaine Perkins P/L t/a Castlemaine Perkins v United Voice
