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 20, 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 20, 2018
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as a Warehouse Operator – Christmas party organised by ALDI – held in a private room at a Hotel – costs of the room hire, together with food and drinks, were met by ALDI – applicant dismissed for allegedly throwing a beer glass and its contents in the direction of other employees – intoxication – Commission found misconduct – potentially serious consequences – whether the function can be considered to have been work-related – Keenan considered – found valid reason for dismissal – application dismissed. Vai v ALDI Stores (A Limited Partnership)
July 20, 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
July 20, 2018
The Fair Work Commission list for today is: Nhulunbuy Corporation (Page), Australian Municipal Clerical Services Union Queensland Together Branch (Watson), Queensland Scaffolding (Wragg), Celtic Training & Consultancy Pty Ltd (Myall, Woodall), Precious Cargo Collinswood (North East Rd) Pty Ltd (Hissey), Qantas Airways Limited (Robinson), Horan & Bird Energy Pty Ltd (Gaunt), Tasmanian NEtworks Pty Ltd (Facchin), MERCUS Pty Ltd (Rogan), Ngaruma & Yindjibarndi Foundation (Nestorovska), Australian Nuclear Science and Technology Organisation (Peterson), In Syd Group Pty Ltd (Tulua), Lion Dairy and Drinks Pty Ltd (Warda), ANZ Banking Group Limited (Miao), Endeavour Air Conditioning Pty Ltd (Bosenberg), Hanson Construction Materials Pty Ltd (Tarrant), Deepam Investments Pty Ltd (Deepam Trust), Rio Tinto Iron Ore (Fisher), KDR Victoria Pty Ltd (Smith), Tricab (Australia) Pty Ltd (Avellino), Impos Solutions International (Simkin), FX Services Australia Pty Ltd (Marcham), Rennie & Fraser and Others (Emergency Services Telecommunications Authority), Anglicare Community Services (Dau), Ambulance Victoria (Allamby).
July 19, 2018
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).
