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).
August 3, 2018
ENTERPRISE AGREEMENTS – notice of representational rights – ss.173, 185 Fair Work Act 2009 – application for approval of enterprise agreement – whether applicant complied with obligation to provide Notice of employee representational rights (NERR) under s.173 – employer sought to rely on NERR given to employees with respect to an earlier agreement that Commission declined to approve – no new NERR issued even though clear new notification time triggered – Lee C held period of notice reasonable depending on circumstances and in context of negotiation – not a fixed amount irrespective of circumstances – there was a high level of engagement, involvement and communication with employees about bargaining and approval process and employee turnover was not high in circumstances – Commission satisfied applicant given employees NERR within reasonable period under s.173(4). Wangaratta Rural City Council Enterprise Agreement 2017-2021
August 3, 2018
ANTI-BULLYING – reasonable management action – s.604 Fair Work Act 2009 – appeal – Full Bench – application for stop bullying order – whether conduct was bullying behaviour – reasonable management action carried out in a reasonable manner – no arguable case of error – no public interest – permission to appeal refused. Appeal by Blagojevic against decision [2018] FWC 2906 of Saunders C at Newcastle on 23 May 2018 Re: AGL Macquarie P/L and Anor
August 3, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision dealing with dispute settlement procedure in BMA Enterprise Agreement 2012 – employee not permitted to attend work and not paid due to drivers licence suspension – Full Bench held Deputy President erred when determining question of whether employee had a legal entitlement to payment – Full Bench held answer must be no – permission to appeal granted – appeal upheld on point relating to question. Appeal by BHP Coal P/L t/a BHP Billiton against decision [2018] FWC 1453 of Asbury DP at Brisbane on 9 March 2018 Re: Construction, Forestry, Maritime, Mining and Energy Union
August 2, 2018
The Fair Work Commission lawlist for today also includes: Hitachi Construction Machinery (Australia) Pty Ltd (Reid & Garland), Trinity Smash Repairs (Longmore), Kytonlea Pty Limited (Duckett), Exceed and Excel Education Pty Ltd (Boddey), Goplay Commercial Playgrounds (Barber), Qube Logistics Pty Ltd (Quigley), ISS Facility Service (Virk), Mining One Pty Ltd (Kurucuk), KDR Victoria Pty Ltd (Scheffers, Mroan), Electrical Home Aids Pty Ltd (Shachar), Flexirent Capital Pty Ltd (Kronk), Jani-King Australasia Hospitality Pty Ltd (Mayhew), Emergency Services Telecommunications Authority (Rennie & Fraser and Others), Linfox Armaguard Pty Ltd (Bedfordm, Symes), Serco Group Pty Ltd (Maher), Kirrihill Wines Pty Ltd (Maloney).