Twenty-two unfair dismissal/labour dispute applications are filed for hearing in the Fair Work Commission today. The list is: City Edge Dandenong Apartment (Byleveld), Grafton Motor Group Pty Ltd (Clayden), Davibray Pty Limited T/F B & S CarruthersTrust (Harding), Westselect Services Pty Ltd (Bizzaca), Ventura Home Group WA (Dixon), P&F Gangemi F/T (Ashdown), Boral Resources (NSW) Pty Limited & Burton (Kerslake), Biripi Aboriginal Corporation Medical Centre (Gleeson), Thai Waterfront Restaurant (Inkum), The LEukaemia Foundation of Australia Limited (Gasson), Asset Restorations (Georges), The Trustee for HUlsboisch Family Trust Pty Ltd (Monem), Interactive Cabling Pty Ltd (Wynd), Serco Australia Pty Ltd (Morgan), Australia Post (Gray), Kaefer Integrated Services Pty Ltd (Goulding), Carpet Logistics Group Pty Ltd (Shannon), Magnetic Automation Pty Ltd (Golland), Court Services Victoria (Galbraith), Linfox Armaguard Pty Ltd (Bedford, Symes), Anglicare North Queensland Limited (McEwan).
July 31, 2018
An application for approval of the Downer EDI Mining – Blasting Services NSW Coal Enterprise Agreement 2018 (S.185 – Application for approval of a single-enterprise agreement) will be determined by Commissioner Johns in Court 2 – Level 6 in Melbourne at noon.
July 31, 2018
A fleet of applications is today lined up before the Fair Work Commission. The list includes: Alice Springs Town Council (Fitzsimmons), East Yarra Friendly Society Pty Ltd & M Verrocchi (Mitchell, West Australian News (Perreau), Andrew Valerio & Sons Funeral Directors (Maestrale), Paston Pty Ltd (Masivoivoi), Commonwealth Bank of Australia (Conway), Tee-Zed Products Pty Ltd (Manna), PJ SAS Trading Pty Ltd (Pawsey), Burswood Nominees (Blandford), Lek Supply Pty Ltd (Jackman), WMC Health Pty Ltd (Krishnan), Australian Postal Corporation (Ong), Country Fire Authority & Scragg (Dennis, Heafield, Horton, Lilley), San Remo Bakehouse (Ellis), Scissor and Roc Hairdressing Salon (Hume), Metro Chemicals Pty Ltd (Parziani), Shane Leigh Bishop and Sandra Bishop (McTaggart), Regis Aged Care Pty Ltd (Hallwood), Trustee for the Two Towers Discretionary Trust (Wallis), Australian General Practice Network Ltd (Andrushkina), Community Accommodation and Respite Agency Inc (Kumarapperuma), Hill Street Grocer (Burt), Virgin Australia Regional Airline (Collier), Ruskon Pty Ltd (Sinclair), Midway Metals Pty Ltd (Pham), Mining One Pty Ltd (Kurucuk), Zwift International Pty Ltd (Gabrielson), Sam Technology Engineers Pty Ltd (Bernadou), Mimva Pty Ltd (Simeon), Yarra Trams (Espinoza), Ultra Thoroughbreds (Koenig), Acciona Infrastructure Australia Pty Ltd (Abbott), Airlie Beach Dental (Fourie), KS Migration and Education Services Pty Ltd (Park), Westpac Banking Corporation (Deng), University of Sydney (Rahim & Macdonald), United Protestant Association of NSW Ltd (Grabovsky), Sydney Trains (Singh), Lobethal Abattoirs Pty Ltd (Gangell), Granite Services International Inc (McGufficke), Silver Chain (Stewart), Serco Australia Pty Ltd (Bottomley), Pema Projects (Australia) Pty Ltd (Privitelli), Maxitrans Australia Pty Ltd (McKechnie), Compass Group (Australia) Pty Ltd (Mitchell), Gippsland & East Gippsland Aboriginal Co-operative Ltd (Sullivan), KDR Victoria Pty Ltd (Templeton), Ambulance Victoria (Humphrey), Electrical Home Aids Pty Ltd (Shachar), Sea Road Logistics (Glumac), Qantas Ground Services Pty Ltd (Kennedy), Qantas Airways Limited (Edwards & Waterhouse and Another), The Ba Pe Medical Service Trust (Jensen), Westminister School Inc (Agar), TAFE NSW (Sebben), DGP Services Pty Ltd (Krljar), Interactive Cabling Pty Ltd (Wynd), HBMC Services Pty Ltd (Temoananui), Pascoe’s Gas, Water & Electrical (Johnson), Monash Health (Belyuga), Country Fire Authority (Dennis, Heafield, Horton, Lilley), Jamil S.J.S. Pty Ltd & Jimee (Ali), Sihot Asia/Pacific Pty Ltd (Scaini), PERC Pty Ltd (Barratt-Hassett), Lycamobile Pvt Ltd (Gnanaratnam), Commonwealth of Australia (through the Department of Home Affairs) & Wall and Others (McClean), D & H Fraser Family Trust (Lawton), Sirius Well Manufacturing Services Australia Pty Ltd (Richardson), Baptist Union of Queensland (Whitby), Ozcare (Nguyen).
July 27, 2018
CASE PROCEDURES – revoke or vary decision – s.603 Fair Work Act 2009 – Full Bench – application to revoke an order made under s.424 terminating industrial action – since late 2014 and until 7 December 2016 The Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the AMWU (collectively ‘the Unions’), had been bargaining with Esso for a proposed enterprise agreement or agreements that would replace the Esso Gippsland (Longford and Long Island Point) Enterprise Agreement 2011 (Longford & LIP Agreement) and the Esso Offshore Enterprise Agreement 2011 (Offshore Agreement) – the AWU organised, and many of its members engaged in, various forms of industrial action directed against Esso – AWU maintained that all such industrial action was protected industrial action – Esso maintained that aspects of the industrial action were not protected action – disputed industrial action included bans on the performance of equipment testing, air freeing and leak testing – Esso obtained a number of orders from the Commission directed to the AWU stopping unprotected industrial action – obtained an order on 6 March 2015 (IA Order) – in contravention of the IA Order, the AWU continued to organise industrial action – Esso commenced proceedings in the Federal Court of Australia – the Court rejected Esso’s claim – Esso appealed to the Full Court of the Federal Court – The Full Court dismissed the appeal on 25 May 2016 – on 21 June 2016, Esso filed in the High Court of Australia, an application for special leave to appeal particular orders of the judgment of the Full Court – on 30 November 2016, the Unions served on Esso notices of intention to take protected industrial action – on 7 December 2016, Vice President Watson made an order to terminate the protected industrial action [PR588352] – the applications giving rise to the Order were made by the Minister for Industrial Relations for the State of Victoria (The Minister) – Esso’s special leave application to the High Court had not, at this stage, been heard – during the course of hearing the Minister’s applications, Esso accepted that the Full Court’s judgment in Esso Australia P/L v Australian Workers’ Union was binding on the Commission at that time – this Full Bench was convened to deal with making an ensuing workplace determination as contemplated by s.266 of the FW Act – on 6 December 2017, the High Court delivered judgment in Esso Australia P/L v The Australian Workers’ Union in which a majority of the Court allowed an appeal by Esso, holding that the industrial action organised by the AWU in relation to a replacement enterprise agreement or agreements for, relevantly the Longford & LIP Agreement and the Offshore Agreement was not protected industrial action subsequent to the AWU’s contravention on 6 March 2015 of the IA Order – Esso has applied under s.603 for an order revoking the Order made by Vice President Watson on 7 December 2016 – The Minister and the Unions oppose revocation – Full Bench held that taking unprotected industrial action should not result in the making of a workplace determination – the discretionary matters which point in favour of the exercise of our discretion to revoke the Order outweigh those going the other way – Order revoked with effect on and from the date on which it was made (7 December 2016) – parties encouraged to engage in immediate discussions with a view to concluding an enterprise agreement to replace the Offshore Agreement – Full Bench prepared to advise the parties in conference as to its views on the likely form of a workplace determination that would have been made – prepared to set out the likely form of a workplace determination that we would have made in a recommendation if the parties provided an indication that they would each accept the recommendation and allow employees the opportunity to vote to approve an enterprise agreement consistent with that recommendation. Esso Australia P/L v “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Ors
July 27, 2018
ENTERPRISE AGREEMENTS – approval – ss.180, 185, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission approved the Dawsons Maintenance Contractors Enterprise Agreement 2017 – CFMMEU restricted by Commission to only make submissions in relation to the BOOT at first instance due to it not being a bargaining representative – CFMMEU appealed approval decision – granted standing to appeal and permitted to argue a case it did not raise in first instance due to restriction [ASU v Yarra Valley Water Corporation] – permission to appeal granted in relation to appeal ground 1 – question of employees access to referenced materials in the agreement [One Key] – Full Bench not satisfied s.180(2) of the FW Act complied with – no evidence provided to show that the subjects for which undertakings had been given and accepted were identified to employees, let alone explained to them in accordance with s.180(5) – Full Bench found Commission erred in finding requirements of s.180(5) had been met – jurisdiction prerequisite requirements under s.186(2)(a) not satisfied – appeal upheld – approval decision quashed – agreement approval application dismissed. Appeal by Construction, Forestry, Maritime, Mining and Energy Union against decision of McKinnon C of 6 February 2018 [[2018] FWCA 802] Re: Dawsons Maintenance Contractors P/L
July 27, 2018
ANTI-BULLYING – order to stop bullying issued – s.798FC Fair Work Act 2009 – application for order to stop bullying – decision does not identify parties – applicant is director of company and respondent is Chairman of the Body Corporate Committee for the Complex – applicant complained of bullying conduct consisting largely of excessive emails sent continuously – respondent argued his conduct was reasonable management action underpinned by applicant’s failure to comply with managerial responsibilities – applicant sought order to stop respondent from a range of behaviours – Commission considered evidence – found applicant’s performance providing management services not ideal – found that whilst many issues raised by respondent were reasonable their manner and frequency were not – Commission satisfied behaviour unreasonable and repeated, likely to continue and negatively affecting applicant’s health – order issued dealing with timing, subject matter and content of future emails by respondent. Application by Ms A
July 27, 2018
CASE PROCEDURES – evidence – s.185 Fair Work Act 2009 – application by Metropolitan and Fire and Emergency Services Board (MFESB) for approval of the Metropolitan Fire and Emergency Services Board, United Firefighters Union of Australia, Operational Staff Agreement 2016 – Minister for Small and Family Business, the Workplace and Deregulation (the Minister) contended that Agreement contains discriminatory and objectionable terms directed at part-time employees and those employees entitled to flexible working arrangements – the Minister and Victorian Equal Opportunity and Human Rights Commission (VEOHRC) filed submissions and the Minister filed evidentiary material in objection to approval – MFESB and UFU raised objections to the Minister’s and VEOHRC’s material – consideration whether the Minister should be permitted to adduce evidence – UFU and MFESB opposed grant of leave to the Minister to adduce evidence – MFESB did not object to Commission receiving the Minister’s material – consideration of the rules of evidence – consideration of complexity of issue – Commission allowed the Minister to tender material and adduce evidence from witnesses foreshadowed in order to inform itself – issues to be determined in light of all evidence and full argument at scheduled hearing. Application by Metropolitan Fire and Emergency Services Board
July 27, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – alleged dispute under the Tip Top Bakeries (NSW) Maintenance Agreement 2014 – applicant altered maintenance employees’ roster reducing rostered overtime – AMWU and CEPU asserted provision of agreement referring to employee contracts of employment prevented reduction in employee remuneration – Commission found dispute relates to operation of common law contracts – found no jurisdiction to determine matters concerning common law employment contracts – application dismissed. George Weston Food Limited t/a Tip Top Bakeries v “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Anor
