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).
June 8, 2018
ANNUAL WAGE REVIEW – 2017/18 financial year – s.285 Fair Work Act 2009 – Full Bench – the FW Act requires Commission’s Expert Panel (the Panel) to conduct and complete review of national minimum wage (NMW) and minimum wages in modern awards in each financial year – Decision will affect an estimated 22.7% of all employees who have their pay set by an award, 1.9 % of employees that are paid at the adult NMW rate, significant number of employees paid at junior or apprentice/trainee rates based on the NMW rate, and employees paid close to NMW rate and modern award rates and whose pay is set by collective agreement linked to outcome of review – in setting the NMW rate the Panel must take into account the objects of the FW Act and minimum wages objective in s.284 including (a) performance and competitiveness of national economy, including productivity, business competitiveness and viability, inflation and employment (c) relative living standards and the needs of the low paid (d) the principle of equal remuneration for work of equal or comparable value, and (e) providing comprehensive range of fair minimum wages to junior employees, employees to whom training arrangements apply and employees with a disability – Panel concluded that ‘economic indicators now point more unequivocally to a healthy national economy and labour market’ – Panel found that labour market had improved significantly with strong employment growth – economy continues to grow and overall business conditions at highest levels since global financial crisis – inflation and wages growth remain low – economic forecasts presented in 2018-19 Budget, RBA and International Monetary Fund all point to improving economic conditions – Panel also required to take into account employment impacts of NMW and modern award minimum wages and any proposed increases to these rates – remained of the view that modest and regular minimum wage increases do not result in disemployment effects or inhibit workforce participation – noted that increase of NMW over the last decade has not resulted in improvements to actual or relative living standards for many categories of NMW and award-reliant households due to changes in tax-transfer system – Panel also required to take into account need to encourage collective bargaining – accepted there was decline in current enterprise agreement making but not persuaded that gap between modern award minimum wages and bargained wages has reached level where it is encouraging or discouraging collective bargaining – considered that gender pay gap was relevant to review and that an increase in NMW and modern awards minimum wages would assist in reducing gender pay gap – Panel concluded that prevailing economic circumstances provided opportunity to improve relative living standards of the low paid and to enable them to better meet their needs – acknowledged that increases would not lift all NMW and award-reliant employees out of poverty but to grant an increase proposed by ACCER and the ACTU was likely to run a substantial risk of adverse employment effects, which would impact on groups already marginalised in the labour market – Panel determined it was appropriate to award increase to NMW of 3.5% – NMW will be $719.20 per week or $18.93 per hour – this is equivalent to an increase of $24.30 per week to weekly rate or 64 cents per hour to hourly rate – Panel also considered it important to adjust modern award minimum wages by 3.5% – weekly wages in NMW order and modern awards will be rounded to nearest 10 cents – determinations and order giving effect to Decision will come into operation on 1 July 2018. Annual Wage Review 2017-18
June 8, 2018
TERMINATION OF EMPLOYMENT – valid reason – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – dismissed approximately two weeks into four week notice period occasioned by her resignation for misconduct – Commission found that applicant’s conduct was at lower end of scale in terms of valid reason for dismissal but that in small business when client relations is critical, this could constitute valid reason – held that respondent did not afford applicant procedural fairness throughout process of dismissal – considered that decision to summarily dismiss applicant was disproportionate response to applicant’s conduct – dismissal harsh, unjust and unreasonable and therefore unfair – reinstatement not appropriate – ordered compensation of $580.88 less applicable taxation. Williams v Southern Cross Veterinary Clinic
June 8, 2018
ENTERPRISE AGREEMENTS – notice of representational rights – ss.174, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance, Commission dismissed both applications for approval of enterprise agreement – appellant had substituted ‘leader’ for ’employer’ in the Notice of Employee Representational Rights (NERR) – found that NERR differed from prescribed form – did not comply with s.174 of FW Act – appellant submitted that approval of agreements would not render it inconsistent with Peabody – that the use of the word ‘leader’ enhanced the statutory objective of the NERR – that any departure from the prescribed form was trivial – appeal raised issues of general importance in relation to applications for approval of enterprise agreements – permission to appeal granted – Full Bench noted that a minor wording change which does not modify the meaning or effect of the NERR could be capable of being excused by application of de minimis principle – found that use of ‘leader’ in the NERR altered its effect by restricting the avenues by which any question to the appellant might be communicated or directed – modification could not be excused as trivial – Full Bench upheld decision at first instance – appeal dismissed. Appeal by ALDI Foods P/L against decision of Bull DP of 22 December 2017 [2017] FWC 6956 and [2017] FWC 6958 Re: Shop, Distributive and Allied Employees Association and Ors
June 8, 2018
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant dismissed for serious misconduct – applicant took various documents from her place of work and deleted computer files following a proposal to amend her terms of employment – Commission did not accept the applicant’s reasons for doing this – also took into account deed of confidentiality signed by the applicant – found there was a valid reason to dismiss the applicant – dismissal was not unfair – application dismissed. Obuchowski v RNTT P/L ta Jobs Statewide Employment Solutions
