GENERAL PROTECTIONS – extension of time – s.365 Fair Work Act 2009 – application to deal with contravention of general protections involving dismissal – Commission found in First Decision [[2018] FWC 2777] that employment relationship between applicant and respondent came to end on 19 December 2017 – application lodged on 9 March 2018, 59 days late – Commission satisfied that applicant had reasonable grounds for believing she would remained employed by respondent until 19 February 2018 and that respondent’s conduct contributed to her belief – applicant acted reasonably and diligently to seek legal advice to file application within 21 days of 19 February 2018 and application was in fact filed within that timeframe – Commission satisfied there were exceptional circumstances – application for extension of time granted – jurisdictional objection dismissed – Order [PR607676] issued to extend lodgement time to 9 March 2018. Wild v Escala Partners Ltd t/a Escala Partners; Matthew Zanders
June 8, 2018
TERMINATION OF EMPLOYMENT – high income threshold – modern award coverage – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent raised jurisdictional objection that applicant not protected from unfair dismissal – Commission found applicant’s earnings over high income threshold at time of dismissal – whether covered by modern award – applicant argued employer estopped from raising jurisdictional objection due to previous representations stating applicant covered by award – Commission found no estoppel – Commission considered applicant’s duties and coverage of award – found that principal duties exceeded those of an employee covered by the award – found applicant not a person protected from unfair dismissal – application dismissed. Caruana v Shace Toop Trading Trust t/a Toop & Toop Real Estate
June 8, 2018
TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – s.394 Fair Work Act 2009 – jurisdictional issue as to whether applicant was ‘dismissed’ as a term understood in the context of ss.386(1)(b) of the Fair Work Act – applicant resigned from employment at CSIRO and lodged application for unfair dismissal on same day – applicant removed from executive position under direction of Board, though remained an employee of CSIRO in an alternative position – applicant insisted reinstatement of his previous role to his employer – employer refused reinstatement but didn’t force resignation – Commission found applicant resigned of own accord – applicant not unfairly dismissed – application dismissed. Stringfellow v Commonwealth Scientific and Industrial Research Organisation t/a CSIRO
June 8, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute concerned introduction of an Alcohol and Drugs Policy (ADP) by employer – method of testing – examination of urine analysis or oral fluid testing – detection times of various illicit drugs – privacy issues in providing urine samples – is proposed urine analysis unjust or unreasonable – parties unable to resolve outstanding matters – can employer implement urine testing in certain specific circumstances – comparison of other companies drug and alcohol policies – urine testing greater deterrence effect than oral testing but more invasive – Commission found drug and alcohol detection a matter for each employer and its employees – Commission would only interfere in management decisions which result in unjust or unreasonable outcomes for employees – Commission determined the ADP was not unjust or unreasonable. Arnott’s Biscuits Ltd t/a Arnott’s v United Voice and Ors
June 7, 2018
Twenty-two unfair dismissal/labour dispute applications are listed for hearing in the Fair Work Commission today. The list is: Harvey’s of Highton (Khalife), The Canberra Hospital (Todd), BCA & CO Pty Ltd (Chappell), K & D Traffic Management Pty Ltd (Bargwanna), Biraban Aboriginal Land Council (Pattel-Gray), Who Bathroom Warehouse (Khan), Parmalat Australia Pty Ltd (Khan), Arthur J Gallagher & Co (Aust) Limited (Banks), Hyne Timber Pty Ltd (Mende), Greenlight Human Capital (Brewer), Reece Australia Pty Ltd (Devine), Agri Labour Australia Pty Ltd (Mwea), Event Hospitality & Entertainment (Nepotu), The Commonwealth of Australia (Department of Home Affairs) (Gibbens), Cloud Catcher Labradoodles (Palpal-Latoc), Rivalea Australia Pty Ltd (Craighead), Automotive Brands Group (Division of Bapcord Ltd) (Richards), Flinders University (Lynd-Stevenson), ASC Shipbuilding Pty Ltd (Richter, Sofia, Oakes), BHP Billiton (Taylor).
June 6, 2018
Thirty-nine unfair dismissal contract dispute applications await adjudication in the Fair Work Commission today. The list is: League and Legends (West Point) Pty Ltd (Tang), The University of Wollongong (Schaefer), Pulse Radiology/Woonona Medical Imaging (Vanjour), Stack Slat (Artner), Coomealla Health Aboriginal Corporation (Hunt), The Entrance Red Bus Services Pty Ltd (Cahill), Toll Transport Pty Ltd (Denham), Your Phones Covered (Tate), Commonwealth Bank of Australia (Zepidis), Sai Business Group Pty Ltd (Gwatkin), BHP Billiton Iron Ore Pty Ltd (Chellew), Epworth (Barros), Epworth Foundation (Nesci), Automotive Brands Group (Division of Bapcord Ltd) (Richards), Wood Group PSN Australia Pty Ltd (Hanlon), Country Fire Authority & Country Fire Authority )McCann), Valco Group Australia Pty Ltd (Monteiro), URban Pedaler (Miller), Capegemining Australia Pty Limited )(Chandrapatla), Calool (Kunkler), MSS Security (Fox), Adelaide Oval Stadium Management Authority (Lennon), Commworx Pty Ltd & Martinus Rail Pty Ltd (Dain), Cape Australia Holdings Pty Ltd (Green), Aboriginal Legal Service (NSW/ACT) Limited (Bell), Onesteel Wire Pty Ltd (Oto), Hills Bus Co Pty Ltd (Barrett), Extreme Australia Pty Ltd (Sarkis), Westpac Banking Corporation (Bell), Technical Focus Pty Ltd (Cooper), Process Control Services (Olejarova), Melbourne City Council (Busuttil), Department of Justice and Regulation (Chand), Department of Health and Human Services (Wright), Wyndarra Centre Inc (Meyers), NQ Pizza Traders Pty Ltd as trustee for The Authurs Family Trust No 2 (Crane), Virgin Australia Airlines Pty Ltd (Turner), Mount Isa Motor Group (Lamperd), Broway P/L (Murphy).
June 4, 2018
Sixty-seven unfair dismissal/contract dispute applicants are awaiting Fair Work Commission adjudication. The full list is: Hitachi Construction Machinery (Australia) Pty Ltd (King), Hunt’s Wholesale Cars Pty Ltd (Sherwin), Eats and Treats Cafe (Mongiatti), Eworks Employment Solutions (Eunson), Supply Enterprises Pty Ltd (Laxman), Wellcom Group Limited (Rigas), Rosewood Homes Pty Ltd (Cladis), Canberra Wide Pty Ltd (Davis), Bill Buckle Autos Pty Ltd (Rothschild), Mission Australia (Illango), TAFE NSW – South Western Sydney Institute (Legato), Euston Bowling & Recreation Club (Allen), Dial-A-Dump (EC) Pty Ltd (De Castillo), The Star Casino (United Voice), Logic Entity Australia Pty Limited (Liang), Monash Health (Belyuga), The Otway Fly (Fames), Neirbo Real Estate Pty Ltd (Maglovski), G4S Custodial Services Pty Ltd (Hickleton), Blackwood is Ready Mixed and Garden Supplies Pty Ltd (Davidson), Trustee of the Melbourne Exhibition and Convention Centre Trust (Thier), Kalka Palms Hotel (Fitzgerald), Nyrstar Hobart Pty Ltd (Cowen), The Information Management Group Pty Ltd (Bain), Sensis Pty Ltd (Harnisch, Wiseman), The Corporation of the Synod of the Dioceses of Brisbane (McLean), Chase Commercial Pty Limited (Muscat), Wild Wheat Australia Pty Ltd (Werner), TBT Stone (Brumpton), FLinders University Health Service (Shippey), ABC Transport (Stepanovich), BHP Billiton Iron Ore Pty Ltd (Maguire), Cape Australia Holdings Pty Ltd (Green), BHP Billiton (Taylor), McLaren Vinters (Davey), Riverside Meats Abattoirs Pty Ltd & Tatt and Another (Beck, Beeson, Blake, Bolitho, Booth, Boothey, Boslem, Duke, Dunn, Farrell, Garne, Haley, Harriman, Harrington, Hogg, Holgate, Hughes, jacobs, Jinnette, Kakoschke, Lyon, O’Neill, Quarrell, Rhind, Rothwell, Rouzelle, Turner, Vicary, Wiliams), ACT Government (Wunsch).
June 4, 2018
An application for variation of the Wormald Rockhampton & Gladstone Fire Alarm Service Enterprise Agreement 2015-2018 (s.210 – Application for approval of a variation of an enterprise agreement) will be determined by Fair Work Deputy President Gostencnik in his Melbourne chambers at 12.30pm
