CASE PROCEDURES – apprehension of bias – s.789FC Fair Work Act 2009 – application for recusal on grounds of apprehended bias – individuals (first applicants) made separate applications for orders to stop bullying, naming Ms King as respondent – those applications were later discontinued and Ms King made an application for costs which Bissett C determined – Ms King then made an application for an order to stop bullying, with the first applicants as persons named – this application was before Bissett C – Ms King’s representative sought to have the Commissioner recuse herself due to comments made in the costs decision – Bissett C satisfied that her views expressed in the costs decision may lead a lay observer to apprehend that she may not bring an impartial mind to the determination of the application of Ms King – file to be re-allocated. Ms King
June 21, 2018
TERMINATION OF EMPLOYMENT – valid reason – s.394 Fair Work Act 2009 – applicant dismissed following an erroneous statement posted on Facebook about whether the respondent would operate on Christmas Day and Boxing Day – Commission took into account the applicant’s communication with other workers and circumstances surrounding the post – found it was based on third hand knowledge only and not based on communication from an authorised person – authorisation was not sought prior to making the post – post had the potential to cause confusion amongst workers and/or was intended to disrupt operations on Christmas Day and Boxing Day – substantial breaches of the respondent’s ‘Code and Charter Values’ – Commission found valid reason for dismissal – dismissal not harsh, unjust or unreasonable – application dismissed. Waters v Mt Arthur Coal P/L t/a Mt Arthur Coal P/L
June 21, 2018
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for serious misconduct in making false bullying claims against work colleagues – employer investigated complaints and counter complaints – allegations found to be unsubstantiated – Commission found applicant was in breach of employee code of conduct in making false allegations – found valid reason for dismissal – dismissal not harsh, unjust or unreasonable – application dismissed. Hanrick v Meridian Lawyers
June 20, 2018
Ninety applications governing unfair dismissal and labour contract disputes are listed for hearing in the Fair Work Commission. The case load includes: MAT Finance Pty Ltd (Beall), AAMG Cleaning Group Pty Ltd (Pekaj), African Communities Council of SA Inc (Gebremariam, Gatabazi), Daz-Taz Kitchens Pty Ltd (Kimber), Western Sydney University (Darjazini), Anwar Alesi (Buenaobra), Woolworths Group Limited (Rahman), Linfox Armaguard Pty Ltd (Jarmain), Braemar Presbyterian Care (Muchando), Qantas Airways Limited (Rowe), Argyle Diamonds (Ford), Getfresh Merchants Pty Ltd (Webster), Unison Housing Ltd (Castellanos), G.J. & K. Facility Services Pty Ltd (Egari), Manchester Collection (Tider), Linfox Australia Pty Ltd (Paull & Chau and Others), ACT Government – Transport Canberra and City Services (Rodger), Thor Commercial Cleaning Pty Ltd (Do Nascimento Rocha), Purpose Enterprises Ltd (Luscombe), Dicks Pumping Service (Bonnes), Community Solutions (Chartier), Australian Laboratory Services Pty Ltd (Yaneza), Deliver Group Pty Ltd (Harriman), Centre Orthodontics (Cowan), Mann Foods Pty Ltd (Harbourne), Kildarius Pty Ltd (Hammond), Vallec EP Pty Ltd (Green), Meat Inspector Pty Ltd (Hana), Green machine Mowing and Property Maintenance (Renshaw), Oasis Bakery Pty Ltd (Haidar), Manly Warrigah Masonic and Community Club (Kavanagh), Vegco Pty Ltd (Manojlovic), G & S Engineering Services Pty Ltd (Hicken), Bill Buckle Autos Pty Ltd (Rothschild), K & D Traffic Management Pty Ltd (Bargwanna), Logic Entity Australia Pty Limited (Liang), Patrick Projects Pty Ltd (Deeney, Hughes, Park, Seiffert), MSS Security Pty Limited (Gupta), Chisholm & Gamon Property Pty Ltd (Giannopoulos), Complete Care Physio Health Group (Das), KDR Victoria Pty Ltd (Moran), Malevi Pty Ltd (Bourke, Keel, Langford, Paletu’a), AAM Corporate Services Pty Ltd (Lee), Light Industries Pty Ltd (as Trustee for the Light Industries Trust) (Durkin), FLSmidth Pty Ltd & Hopkins and Another (Fois), Trinity Smash Repairs (Longmore), Maurice Alexander Management Pty Ltd (Jones), Injilinji Community Kindergarten Association Incorporated (Daniels), Australian Municipal Clerical Services Union Queensland Together Branch (Watson, Wharton), Jaktomat Pty Ltd (Westblad), Curtain Wonderland (Rayner), Community Accommodation and Respite Agency (Heffernan), The Hills Christian Community School Inc (Kelly), Svitzer Australia Pty Ltd (Paprella), Commonwealth Bank (Porich), Bulhari Holdings Pty Ltd (Matthews), Topcut Meats (Jackson), Statewide Resources Pty Ltd (Bon), Davibray Pty Limited T/F B & S CarruthersTrust (Harding), The Star Entertainment Group (Wang), Australian Federal Police (Tozer), McDonalds Australia Ltd (Hannah), Interline Bus Pty Ltd (Hutchings), Pipeline Plumbing Developments Pty Ltd (Watt), YGNP Fire Pty Ltd (Kim), St George’s Basic Country Club Ltd (Johnson & Marr and Others), Sandra Peach Realty Pty Limited (Adamski), Claremont WA Consolidated Pty Ltd (Hayes), Victorian Commission for Gambling and Liquor Regulation (Walker), Statewide Resources Pty Ltd (Bon), Australia Western Railroad Pty Ltd (Newton), Doutta Galla Aged Services Ltd (Infante), Trend Windows and Doors Pty Limited (Bajada), Wyndarra Centre Inc (Meyers), Qube Logistics Vic Pty Ltd (Davidson), Teys Australia Management Pty Ltd (Hunt), Superior Wood Pty Ltd (Lee), Regional Workforce Management Pty Ltd (Turner), Uniting Care Qld (Forrest), MyBudget Pty Ltd (Andrawos), Philmac Pty Ltd (Williams).
June 19, 2018
The Community and Public Sector Union and the Victoria State Emergency Service Authority have a s.739 (Application to deal with a dispute) set for hearing by Fair Work Commissioner Bissett in Court 5 & Conference Room D – Level 6 in Melbourne and 3.30pm.
June 19, 2018
The Fair Work Commission hearing list governing unfair dismissal/contract breach applications is as follows: Oasis Bakery Pty Ltd (Haidar), Muirs Automotive Pty Ltd (Steele), Little Learning School (Dawe), Logic Entity Australia Pty Limited (Liang), ECS International Security and Investigations (Kumar), Katoomba Scenic Skyway Pty Ltd (Lee), Busways Blacktown Pty Ltd (Richardson Toscan), Veem Ltd (Bolta), Qube Logistics Vic Pty Ltd (Davidson), Chesson Pty Limited (Knutson), HDR Inc (Sinden), Calool (Kunkler), Lutheran Church of Australia Queensland District (Sanchez), Wild Wheat Australia Pty Ltd (Werner), Serendipity (WA) Pty Ltd (Davis), Stokes & Bowerman and Others (Habibi Arehjan), Smart Home Products Pty Ltd (Overmeyer), Trustee for Wendy Mead Family Trust (Djukic), ROyal Flying Doctor Service of Australia Central Operations (Dickson), African Communities Council of SA Inc (Gatabazi, Gebremariam), Commworx Pty Ltd & Martinus Rail Pty Ltd (Dain), Medicaland Aged Care Group (Howard), Harvey Norman Computing (Vougazianos), Yisroel Meir Abrahams (Speranza), Australian Health Professionals (Kerrigan), Benchmarque Recruitment Services Pty Ltd (Korte), The Commonwealth of Australia, represented by the Department of Defence (Masson), Student Concierge Company Pty Ltd & The Challbion Pty Ltd and Another (Liu), L & P Real Estate Pty Ltd (Nasser), Preston Rowe Paterson Sydney Pty Limited (Cooper), Edition Coffee Roasters Pty Limited (New), Spotless Services Australia Limited (Lewis), The Commonwealth of Australia (National Offshore Petroleum Safety and Environmental Management Authority)(Boxall), Australia for UNHCR (Tamu), Alexandra Club Inc (Fanning), Australian Postal Corporation (Scicluna), Auto Loans Group Pty Ltd (Taylor), Southport Stone Industries Pty Ltd (Thomson), Startrack/Australia Post (Heitmann), The Loxton District Children’s Centre Inc (Mitchell), Ostojic Group Pty Ltd (Sedman, Fenton), Flohr & Blanckensee and Others (Cox), Integratedliving Australia Ltd (Potter).
June 13, 2018
The Fair Work Commission has twenty-eight unfair dismissal/contract dispute applications awaiting a hearing. The list includes: St George Animal Hospital (Allen), The Pig & Pastry Pty Ltd (Kelly), Asset Restorations (Georges), Australian Health Professionals (Kerrigan), Marius Small Animal Veterinary Clinic (Groombridge), Q Hospitality Group Pty Ltd (Lyons), White Sneakers Pty Ltd (Wignall), Patrick Projects Pty Ltd (Deeney, Hughes, King, Park, Seiffert, Strauss), Claremont WA Consolidated Pty Ltd (Hayes), Braemar Presbyterian Care (Muchando), Morgan Technical Ceramics Pty Ltd (Thanika), NWQIC SS (James), DNGLB Pty Ltd (Sorbelo), Electrical Distribution Technologies Pty Ltd (McCammont), Executive Payroll Commercial (NSW) Pty Ltd (Gupta), Commonwealth Scientific and Industrial Research Organisation (Sadler), Retail Food Group Limited (Stringer), BHP Billiton Mitsui Coal Pty Ltd (Bruschi), BHP Billiton Iron Ore Pty Ltd (Chellew), Tiger Rivers Industries Pty Ltd (Viney), Fresh Cheese Co (Australia) Pty Ltd (Dell’anno), Trustee for the Two Towers Discretionary Trust (Wallis), MAT Finance Pty Ltd (Beall).
June 12, 2018
A lightish case load will greet the Fair Work Commissioners back from the long weekend in most states and territories. The list today includes: Sydney Trains (Sharp), Faiveley Transport Australia Ltd (Garud), Southern Metropolitan Cemeteries Trust (Blackmore), Starfire Pty Ltd (Adams), HammondCare (Bailey), Carr & Co Divorce & Family Lawyers Pty Ltd (Davies), Premier Hotel (Ilsley), Automotive Brands Group (Division of Bapcord Ltd) (Richards), Floor Grinding Services Pty Ltd (O’Connell), Cash in Transit (Wright), National Australia Bank Limited (Gauci), Marlee Country Kennels (Valois), Black Pepper Brands Pty Ltd (Hartley), Department of Caffeine (Pottenger), Toll Personnel Pty Ltd/Toll IPEC Pty Ltd (Holton), Altus Traffic (Widdison), Broadspectrum (Australia) Pty Ltd (Richardson), The University of Wollongong (Schaefer), Coastwide Engineering Pty Ltd (De La Torre), Australian Way Pty Ltd (Ferraro), Cordwell Resources Pty Ltd (Oakenfull).
