ENTERPRISE BARGAINING – bargaining order – s.229 Fair Work Act 2009 – application for bargaining order – alleged failure to meet good faith bargaining requirements – alleged capricious or unfair conduct that undermines freedom of association and collective bargaining – preventing or hindering access to site during rally which coincides with industrial action – false and misleading statements to the media about the future of the brewery – bargaining order issued. Castlemaine Perkins P/L t/a Castlemaine Perkins v United Voice
August 10, 2018
TERMINATION OF EMPLOYMENT – valid reason – remedy – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against unfair dismissal decision and Order requiring payment of compensation – stay of Order for payment of $22,882 granted prior to hearing of appeal on condition that appellant pay respondent reduced sum of $14,806 [PR607446] – Full Bench found respondent unfairly dismissed by appellant – public interest enlivened and permission to appeal granted with respect to quantification of compensation – Sprigg method not followed – matters taken into account were not identified in mathematical sense in awarding 17 weeks’ pay as compensation – an error of principle applied – applicant not summarily dismissed and did not argue as such at first instance therefore date of termination incorrect – compensation wrongly utilised as mechanism for recovering non-payment of personal leave entitlements under NES – order at first instance exceeded what it should have by six weeks’ – correct amount of compensation was $14,806 – as payment already made issues of taxation a matter for individual parties and outside powers of Commission. Appeal by Chesson P/L t/a Pay Per Click against decision of Cambridge C of 1 May 2018 [[2018] FWC 2080] Re: Knutson
August 10, 2018
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – dismissal on notice for serious misconduct and poor disciplinary record – pre-existing personal friendship with new client – consent confidentiality order issued regarding documents – failure to disclose and manage conflict of interest – breaches found – dismissal for valid reason – significant factors in mitigation – significant deficiencies in procedural fairness – Commission found dismissal harsh despite valid reason and poor disciplinary record – confidentiality order amended with regard to future access to documents – reinstatement inappropriate – payment made in lieu of notice – compensation discounted – no compensation payable. Andrawos v MyBudget P/L
August 9, 2018
Another 33 have quickly queued to have their unfair dismissal/labour dispute assertions tested in the Fair Work Commission. The list is: NCSI Australia Pty Ltd (Kazmer), AEG Ogden Pty Ltd (Orechow), Bunnings Group Limited (Perry), Scalabrini Village Limited (Ammellino), Mt Arthur Coal Pty Limited (Waters), Louis Valentino Porcellanato Pty Ltd (Kandalaft), The Star Entertainment Group (Liu), Manly Warringah Sea Eagles Limited (Lussick), Commonwealth Bank of Australia (Budesa), Patrick Projects Pty Ltd (Deeney & Hughes and Others), Austral Insurance Brokers Pty Ltd (Butler), Fortescue Metals Group Limited (Gosse), Cantek Pty Ltd (Volchkov), Port Lincoln Tuna Processors Pty Ltd (Taylor), Beyond Bricklaying Pty Ltd (May), Baiada Poultry Pty Ltd (Omer), RPay Plus Pty Ltd (Royal Pay) (Zhao), Japara (Sarmiento), Extragreen Holidays (Aust) Pty Ltd (Qureshi), Broadspectrum (Australia) PTy Ltd [formerly Transfield Services (Australia) Pty Ltd] (Sheldon-Collins), Jamil S.J.S. Pty Ltd & Jimee (Ali), United Plastics (Australasia) Pty Ltd (Conway), Australian Homestay Network Pty Ltd (Mezger), Wheat Ridge Pty Ltd (Vidal), Phillips Family Trust (Jusuf), Australian Skin Clinics (Alamos), Astek Cranes Australia Pty Ltd (Twomey), Clairville Constructions Pty Ltd (Crosby), Azure on West Terrace Pty Ltd (Newbould), Aldi (Rowe), The Archer Hotel (O’Leary), Port Lincoln Tuna Processors Pty Ltd (Taylor).
August 9, 2018
The Fair Work Commission has thirty seven applications listed for hearing today: Wailea Australia Pty Ltd (Hart), Celemetrix (Dymond), The Whole Box n Dice (Hall), R & C Consultancy (McMahon), The Sisters of Our Lady of China Health Care Pty Ltd (Robinson), The Entrance Red Bus Services Pty Ltd (Cahill), Bill Buckle Autos Pty Ltd (Watkin), Macquarie Hospital Services Pty Limited (Jones), SAI Global Limited (Marsh), Elite Essential Trades Pty Ltd (Gauntlett-GIlbert), Scavenger Supplies Pty Ltd (Pemberton), Serco Australai Pty Ltd (Terito), Sunridge Investments Pty Ltd (Sim), R & C Consultancy (McMahon), University of Southern Queensland (Sareen), Transmetro Corporation Limited (Winchester), Monash City Council (Frost), Sunridge Investments Pty Ltd (Sim), Westpac Banking Corporation (Volker), Commissioner of State Revenue & Department of Treasury and Finance, Victorian (Parolin), Linfox Australia Pty Ltd (Paull & CHau and Others), Broadspectrum (Australia) Pty Ltd (Bishop), Mills Styrox Pty Ltd (Kinwan), Pacific National (Braithwaite), Minjerribah Camping Pty Ltd (Mann), Communities @ Work Limited (Gulia), Meridian Lawyers (Hanrick), Sodexo Remote Sites Australia Pty Ltd (Webb), GP Realty (Qld) Pty Ltd as the trustee for the GP Realty Unit Trust & Grimbas (Rowland), University of Southern Queensland (Sareen), Airlie Beach Dental (Fourie), Flight Attendants Association of Australia National Division (Summers), The Playford Hotel (Nesci), Bennett Aged Care Group (Connor), Norgrove Training Pty Ltd (McCloskey), St Columba College Munno Para Inc (Brewer), Real Estate Institute of SA Inc & Troughton and Another (Kelly).
August 8, 2018
Twenty-one applicants will have a hearing in the Fair Work Commission today: Spinifex Australia Pty Ltd (Tait), George Weston Foods Ltd (Garcia), Workforce Variable Pty Ltd (Toma), Benchmarque Recruitment Services Pty Ltd (Korte), Northern Territory Police, Fire and Emergency Services (Isles), Vagabond Co Pty Ltd (Vaikona), South32 Worsely Alumina Pty Ltd (Dell), Country Fire Authority (Dennis, Heafield, Horton, Lilley), Camperdown Powder Pty Ltd (Kuruppu), Wood Group PSN Australia Pty Ltd (Hanlon), Linfox Australia Pty Ltd (Paull & Chau and Others), East Arnhem Regional Council (Wunungmurra), Anglicare Community Services (Dau), Louis Valentino Porcellanato Pty Ltd (Kandalaft), Sodexo Remote Sites Australia Pty Ltd (Webb), Northern Territory Police, Fire and Emergency Services (Isles), Women’s and Children’s Health Network (WCHN) SA Health (Vournas), Svitzer Australia Pty Ltd (Paparella).
August 6, 2018
The law list is dominated by a single entity today. Eleven of the twenty-eight applicants involve Epworth Health Care. The full list is: Charles Parletta Real Estate Pty Ltd (D’Ortenzio), Westelect Services Pty Ltd (Bizzaca), Stoneform Enterprises Pty Ltd (Lai), Automotive Holdings Group (Britton), Youi Pty Ltd (Cartwright), ACS Corporation Pty Ltd (De Haas), Linfox Australia Pty Ltd (Paull & Chau & Others), Australian Unity Limited (Smith), Frost Crane & Co (Doherty), Modern Group (Peck), Mantra Hospitality Admin Pty Ltd (Withers), Telstra Corporation Limited (Boulton), EML Enterprises Pty Ltd atf Rocky Pond Dwellers Trust (Carberry), Collins Food Limited (Smith), Queens Court Hotel (Tognola), Esar Jolnery Pty Ltd (Malaviya), KDR Victoria Pty Ltd (Scheffers), Epworth Health Care (Bosse, Duong, Godranah, Kedir, Manansala, Nesci, Noel, Schurmann, Tomic, Trijo, Whitling).
August 3, 2018
Thirty-five additional unfair dismissal/labour dispute applications are now listed for adjudication by the Fair Work Commission today. The list is: Vanguard Investments Australia Ltd (Amarasekara), Tren Trading Pty Ltd (Horan), Nakamuras Pty Ltd (Strange), City of Kwinana (Cannon), Baker Hughes Australia Pty Limited (Manescu), Australian Western Railroad Pty Ltd (Newton), Lanbay Island Pty Ltd (Stewart), Kaytee Electrical & Sheetmetal Engineering Service (Le), Japara (Pettit), Modern Group (Peck), Coastwide Engineering Pty Ltd (De La Torre), AAA Honda Group (Moy), Sitemec Engineering Ltd (Macatangay), Nakamuras Pty Ltd (Strange), Chris Garrett Pty Ltd (Gilmour), Fletcher International Exports Pty Ltd (Hicks), Southern Cross Care (NSW & ACT) Limited (Patipeiluhu), Krav Maga Defence Institute Pty Ltd (Markovitch), Metwide Communications (Thomas), The Fremantle Italian Aged Persons Services Associations Inc (Gilbert), P&F Gangemi F/t (Ashdown), G4S Custodial Services Pty Ltd (Baker), Richemont Australia Pty Ltd (Sun), Mining One Pty Ltd (Kurucuk), East Arnhem Regional Council (Wunungmurra), Mobility Matters Pty Ltd (Hennings), Linfox Armaguard Pty Ltd (Bedford, Symes), Superstructure Pty Ltd (Gough), Department of Human Services (Sullivan), K & D Traffic Management Pty Ltd (Bargwanna), Premier Security Group Pty Ltd (McMahon), Ventia Utility Services Pty Limited (Dyer), Hunter Valley Gardens Pty Ltd (Walsh), Mt Arthur Coal Pty Ltd (Samuelson).
