MODERN AWARDS – 4 yearly review – common issues – s.156 Fair Work Act 2009 – Full Bench – in the principal part-time and casual employment decision published on 5 July 2017 [[2017] FWCFB 3541] the Full Bench set out (in paragraph [902]) the further steps which were to be taken to give effect to the decision – further decision on 24 November 2017 [[2017] FWCFB 6181] resolved several outstanding issues – this decision concerns the outstanding issues from the principal decision which have yet to be determined – in the principal decision the Full Bench determined to insert a standard casual conversion clause in 85 identified modern awards – Full Bench have determined to amend the model casual conversion clause in a number of respects having regard to the submissions received – consideration of casual conversion provisions in the Meat Industry Award 2010, the Stevedoring Industry Award 2010, and the Local Government Industry Award 2010 – consideration of overtime penalty rates for casual employees in the Horticulture Award 2010 – in the principal decision, the Full Bench provisionally decided that the Horticulture Award should be varied to provide overtime penalty rates for casual employees on the basis of a 12 hour day and a 38 hour week – the question of the averaging of hours over a seasonal period reserved, and Full Bench expressed the view that the averaging of hours over eight weeks should be permitted in this respect – after some follow-up conferences with the parties a proposal for the implementation of the principal decision emerged – Full Bench propose to publish a draft determination to give effect to the proposal and then provide interested parties with 21 days to make further submissions – consideration of minimum engagement for part-time and casual employees in selected awards – variations to the Social, Community, Home Care and Disability Services Award 2010 and the Aged Care Award 2010 to clarify that rostering arrangements and changes may be communicated by any electronic means of communication – draft determinations to be published and parties given 7 days to comment – variation to the Building and Construction General On-site Award 2010 to clarify the way in which the casual hourly rate was to be calculated consistent with the approach proposed by Master Builders Association deferred pending a decision by the Full Bench conducting the substantive review of the Building and Construction General On-site Award – expected that this decision will be issued in the near future and the issue will be progressed once that occurs. 4 yearly review of modern awards – Part-time employment and Casual employment
August 17, 2018
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – decision deals with a number of outstanding technical and drafting issues arising out of the awards in Group 4 and should be read in conjunction with the decision issued on 21 March 2018 [[2018] FWCFB 1548] – 40 awards allocated to Group 4 listed at Attachment A to decision – decision should also be read in conjunction with earlier decisions and statements concerning the Review, in particular the Statement referring a number of matters to the plain language process [[2018] FWC 1544] and the previous group stage decisions (for example [[2017] FWCFB 3433]) – each exposure draft will be updated and republished, and each Exposure Draft will be made consistent with the July 2015 decision [[2015] FWCFB 4658] – parties will be provided with one final opportunity to comment on the technical and drafting aspects of the exposure drafts in respect of the Group 4 awards – this will not be an opportunity to reargue matters which have already been determined, but will provide interested parties with an opportunity to comment on variations made to the exposure drafts to incorporate decisions relating to ‘common issues’ – a Statement regarding the process for finalising the exposure drafts and concluding the award stage of the Review will be issued in due course. 4 yearly review of modern awards-Award stage-Group 4 awards
August 17, 2018
CASE PROCEDURES – employer under administration – s.394 Fair Work Act 2009 – applicants sought relief from unfair dismissal – respondent requested applications be dismissed on basis they are barred by Deed of Company Administration (DOCA) – Commission found key consideration whether there existed a claim provable on winding up of companies involved – for claim to be provable legal obligation that respondent owed to applicants in respect of their unfair dismissal applications must have existed at Appointment Date [Sutton] – Commission found only a right to have applications heard and no legal obligation for respondent to pay unfair dismissal compensation existed at time DOCA executed – Commission concluded analysis did not support finding that applicants, in respect of their unfair dismissal applications, were either creditors or had a claim for the purposes of DOCA – Commission’s consideration of unfair dismissal applications not barred by DOCA – applications to be listed for mention/directions hearing shortly. Durado and Anor v Foot & Thai Massage P/L
August 17, 2018
CASE PROCEDURES – stay order – s.604 Fair Work Act 2009 – appeal – at first instance Commission found dismissal was unfair and ordered compensation of $70,000 to be paid to employee within 21 days – appellant sought stay of order pending appeal – grounds of appeal included that decision was affected by errors of law and that the Commission did not have regard to Small Business Fair Dismissal Code (the Code) – found that Commission did not comply with obligation to consider and determine the question of compliance with the Code – found appellant had an arguable case, with some prospects of success – stay order issued, however conditional and subject to the appellant paying into an interest-bearing account the sum ordered at first instance. Appeal by TIOBE P/L t/a TIOBE against decision of Bissett C of 19 July 2018 [[2018] FWC 4173] Re: Chen
August 16, 2018
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).
