The unfair dismissal/labour complaint application list is now fifty deep. The Fair Work Commission will today hear: Moree Local Aboriginal Land Council (Leslie-Briggs), Tasmanian Networks Pty Ltd (Facchin), ANZ Banking Group Limited (Miao), Yardy Legal Pty Limited (Grafenauer), Mecca Bah (Gold Coast) Trust (Boudna), Agri Labour Australia Pty Ltd (Mwea), ASG Group Limited & Entity Solutions Services Pty Ltd (Drake), ISS Facility Services (Roberts), Sands (WA) Pty Ltd (Iannetta), Amber Aviation Academy Pty Ltd (Mourjerloo), Harris McDonald Pty Ltd (Groves), Australian Government Department of Human Services (Gadzikwa), Museums Board of Victoria (Wood), Platypus Outdoors Group Pty Ltd (Hamilton), Peoplesmove Pty Ltd (Cranson), Frost Crane & Co (Doherty), Australian Federal Police (Tozer), SellYourCarFast Australia Pty Ltd (Fernandez), Australian Municipal Clerical Services Union Queensland Together Branch (Watson), Krico Pty Ltd (Gibbs, Richmond), Amp Control Qld (Leak), Northern Suppliers Pty Ltd ATF Mega Trust (Normington), Girudala Community Co-Operative Society (Power), Kioussis Nominees Pty Ltd (Mantovano), Laurieton United Services Club (Lawrence, Maxwell), Tasmanian Networks Pty Ltd (Facchin), Programmed Skilled Workforce (Fullerton), Tech Data Advanced Solutions (ANZ) Limited (Blunt), Endeavour Air Conditioning Pty Ltd (Bosenberg), Oldfields Holdings Limited (Politis), Dubbo Greyhound Racing Club (Maxwell), Brigalow Nominees Pty Ltd (Adam), St George Animal Hospital (Allen), BT Australasia Pty Ltd (Witenden), Patrick Projects Pty Ltd (Deeney & Hughes and Others), West Coast Steiner School (Mateo), Emergency Services Telecommunications Authority (Rennie & Fraser and Others), Mills Styrox Pty Ltd (Kirwan), Amiga Montessori Point Cook (Lawson), Australian Government Department of Human Services (Gadzikwa), Kaefer Integrated Services Pty Ltd (Goulding), Prestige Automotive Services (Nguyen), Canberra Girls Grammar School (Lyons), Vivid Home Builders Pty Ltd & Port (Bowers), Sirius Well Manufacturing Services Australia Pty Ltd (Richardson).
July 18, 2018
An application for approval of the Wormald Newcastle Service Fire Alarms Division 2018-2020 Enterprise Agreement (s.185 – Application for approval of a single-enterprise agreement) is the preserve of Fair Work Commissioner McKenna in Hearing Room 12-2 – Level 12 in Sydney today.
July 17, 2018
Forty remain queued for an unfair dismissal/contract dispute resolution in front of a Fair Work Commissioner. The list is: FLSmidth Pty Limited (Harrison), Aboriginal Legal Service (NSW/ACT) Limited (Bell), Tasmanian Networks Pty Ltd (Facchin), Nikkon Lighting Pty Ltd (Amasin), GHD Pty Ltd (Takavarasha), Hawkes Brewing Co Pty Ltd (Langton), Goodsell Real Estate Pty Ltd (Lynn), Travel Serv Co Pty Limited (Schadan Guernik), Anglicare Community Services (Dau), City of Stirling (Emery), Relationships Australia Western Australia Inc (Tiller), Everlight Resources Ltd & Gaudet and Another (Colman), Strategic Allied Health Pty Ltd (Colman), Peoplesmove Pty Ltd (Cranson), Teddy Bears Child Care Centre Pty Ltd (Salehzahi), Australian Government Department of Human Services (Gadzikwa), BMS Retail Group Pty Ltd (Meyer), Emergency Services Telecommunications Authority (Harrison), Hunt’s Wholesale Cars Pty Ltd (Sherwin), Australian and New Zealand Banking Group Limited (Glatthor), Linfox Armaguard Pty Ltd (Bedford), Goodland Services Pty Ltd & Goodland (Bright), Linfox Armaguard Pty Ltd (Symes), Smithfield Smash Repairs Pty Ltd (Juras), IBN Corporation Pty Ltd (Smith), Barung Landcare Association Inc (McWilliam), Inova Pharmaceuticals (Richardson), Burketown Kindergarten Inc (Thomas), Adecco Recruitment (Rae), Leda Management Services Pty Ltd (Kiedge), MyBudget Pty Ltd (Andrawos), Tenterfield Care Centre Limited (Wait), Barker College (Schmidt), Indian Food Catering (Singh), AGL Macquarie Pty Ltd & Seears (Blagojevic), Edwards Group (Bushby), Ant Farm Tasmania Pty Ltd (Winter), Moama Bakery Pty Ltd (McKee), Rushton Todd Pty Ltd (Borg).
July 13, 2018
ENTERPRISE BARGAINING – protected action ballot – extension of notice period – ss.437, 443, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission made a protected action ballot order – University sought that the period of written notice of action be five working days instead of three – Commission granted request – appeal against the decision of the Commission to require an extended period of notice – grounds for appeal included that the Commission misconstrued the term ‘exceptional circumstances’, based on an assessment that the University would apply to suspend or terminate industrial action and that the Commission would more likely than not accede to such an application – also that the Commission failed to engage in any assessment of whether there were exceptional circumstances which justified the period of written notice being longer than three working days – Full Bench held that the Commission was required to evaluate whether particular identified circumstances were exceptional circumstances, and also required to determine whether those circumstances justified a longer period of notice – found the Commission erred – permission to appeal granted – appeal upheld – part of decision at first instance that required written notice of certain industrial action to be given other than in accordance with s.414(2)(a) of the FW Act quashed – order varied. Appeal by National Tertiary Education Industry Union against decision and order of Wilson C of 29 May 2018 [[2018] FWC 3020], [PR607481] Re: Charles Darwin University
July 13, 2018
TERMINATION OF EMPLOYMENT – incapacity – s.394 Fair Work Act 2009 – application for unfair dismissal – due to a medical condition, the applicant, over a number of years, was unable to work for months at a time – respondent dismissed applicant due to his incapacity to perform work – decision at first instance held that the dismissal was harsh and reinstated the applicant [[2017] FWC 5740] – appeal was upheld and matter remitted for rehearing [[2018] FWCFB 1005] – Commission considered s.387 factors, adopting the approach in Jetstar – satisfied that dismissal was harsh, unjust and unreasonable – considered reinstatement to his pre-dismissal position with continuity of employment and service is an appropriate remedy – ordered respondent pay application 90% of his average weekly earnings for a period of 20 weeks representing remuneration lost because of the dismissal. Papaioannou v CSL Limited t/a CSL Behring
July 13, 2018
ENTERPRISE BARGAINING – bargaining order – s.229 Fair Work Act 2009 – application for a bargaining order – applicant nominated as employee bargaining representative – claimed respondent refused to recognise him – respondent submitted applicant was not entitled to represent industrial interests of employees because it believed he was acting on behalf of the National Union of Workers – the NUW are not eligible to represent the industrial interests of employees – Commission found applicant not an official of the NUW within the meaning FW Act, however applicant’s conduct made on behalf of the NUW – found applicant cannot be a bargaining representative while he is acting within the authority of the NUW – application for bargaining order cannot be made by applicant – application dismissed. Mr Soueid
July 13, 2018
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – in the March 2018 Decision a Full Bench confirmed the preliminary view that all employees should have access to unpaid family and domestic violence leave [[2018] FWCFB 1691] – this decision finalises the content of a model term for unpaid leave to deal with family and domestic violence – Commission received submissions from interested parties on drafting of model term – some proposed changes adopted – final version of model term at Attachment A to this decision – model term will be inserted into all modern awards. 4 yearly review of modern awards – Family and Domestic Violence Leave
July 13, 2018
TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – cleaner – previously found to be employee rather than subcontractor [[2018] FWC 2348] – whether dismissal unfair – alleged deficiencies in work performance and standard – alleged failure to give proper notice of absences and return work keys – whether concerns were raised in a procedurally fair manner – work performance concerns demonstrated – Commission found valid reason for termination – fair process for dismissal not followed – dismissal unreasonable and accordingly unfair – ordered compensation of $2,343 – payment by instalments allowed. Pekaj v AAMG Cleaning Group P/L
