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
July 13, 2018
The Fair Work Commission lawlist for unfair dismissal labour dispute applications today includes: Woolworths Limited (Petkova), Liquorland (Australia) Pty Ltd (Quilkey), Australians Studying Abroad Cultural Tours (Shearer), HBMC Services Pty Ltd (Temoananui), Punchbowl Bus Company Pty Ltd (Giakoumis), Australian Industry Group, The-Victorian Branch (English), The Laser Lounge Pty Ltd (Bennington), FX Services Australia Pty Ltd (Marcham), SoftwareOne Australia Pty Ltd (Guinsburg), WRL Pty Ltd (Dousset), Barada Barna Aboriginal Corporation (Dargan, Roos), Digital Fox Pty Ltd (Gambling), Artha Property Group Pty Ltd (Dunn), Jungarni-Jutiya Indigenous Corporation (Frewen), St Columba College Munno Para Inc (Brewer), MyBudget Pty Ltd (Andrawos), Flehan Brothers Pty Ltd (Abete), Tabcorp Holdings Limited (Velkovski), G&S Engineering Services Pty Ltd (Hicken), Inghams Group Limited (Palmer), Westpac Banking Corporation (Deng), Lion Dairy and Drinks Pty Ltd (Warda), Prosegur Australia Pty Ltd (Noiszewski, Smith), Garrett Hospitality Pty (Bowes), Changeovers Pty Ltd (Dennis), BMS Retail Group Pty Ltd (Meyer), Tullamarine Bus Lines Pty Ltd (Kumar), Mindchamps Australia Pty Ltd (Lee), Serco Australia Pty Limited (Hyde), Australian Government Department of Human Services (Gadzikwa), Electrical Home-Aids Pty Ltd (McKeon), KDR Victoria Pty Ltd (Nguyen), Aged Care Group Pty Ltd ATF Aged Care Group Unit Trust (Bate), Grand Hotel (Brown), Townsville Aboriginal & Islander Health Service (Hussey), Haematology and Oncology Clinics of Australia Research Centre Limited (Tyrrell), Logan City Electrical Service Division Pty Ltd (Antonarakis), Australian Outdoor Living Pty Ltd (Obara), Neumann Steel Pty Ltd (Quick), Dial a Doctor Group Pty Ltd (Maguire), Dann Event Hire (Quilty).
July 11, 2018
Brett Murray has been appointed as the new Site Safe New Zealand Chief Executive and will take over from outgoing Chief Executive, Alison Molloy, on September 3.
July 11, 2018
The Fair Work Commission has thirty-two unfair dismissal/labour dispute applications listed for hearing today. The list contains: Hospitality Equipment 2020 Pty Limited (McMaster), Forbes Brown Industries Pty Ltd (Sriutami), International SOS (Australasia) Pty Ltd (Madissoo), Manly Warringah Sea Eagles Limited (Lussick), Burswood Nominees (Blandford), Australian Government Department of Human Services (Gadzikwa), Crossfit 3018 (Verity), Keolis Downer (Long), Monash Health (Singh), The Trustee for Michailidis Family Trust (Denezakis), Bean and Barrow (Graham), Compass Group Remote Hospitality Services Pty Ltd (Galbraith), Townsville Aboriginal & Islander Health Service (Hussey), CW & CG Dickinson (Taylor), Leda Management Services Pty Ltd (Keidge), BSN Medical (Aust) Pty Ltd (Lorrimar), Community Accommodtion and Respite Agency Inc (Kumarapperuma), Ciccarello Fitness Pty Ltd (Di Lorenzo), Qantas Airlines Limited (Robinson), Impos Solutions International (Simkin), Relationships Australia Western Australia Inc (Tiller), Citywide Civil Engineering (NSW) Pty Ltd (Giannakos), Teleperformance Australia (Kapoor), Monash Health (Williams), North Buderim Pharmacy (Cole), Sakuraya Holdings Pty Ltd (Dinh), Australian Electoral Commission (Nemcic), Sovereign Auto Repairs Pty Ltd (Mockford), Barker College (Schmidt), Codess Interiors Pty Ltd (De Angelis), Logic Entity Australia Pty Limited (Liang).
July 10, 2018
Fleet Safety Service is facing a s.394 (Application for unfair dismissal remedy) which will be heard by Deputy President Masson in his NSW chambers (Palmer).
