Forty-one unfair dismissal/labour dispute applications are loading the in-trays of Fair Work Commissioners. The list includes: Jobwire Ibs Pty Ltd (Staines), Health Services Union (Gorman), Chesson Pty Limited (Knutson), Commonwealth Securities Limited & Douglas (Singh), Illawarra Coal Holdings Pty Ltd (Inwood), Study Group Australia Pty Ltd (Barnett), Medibank Private Garrison Health Services (Kinross), Spotless (Rosewarne), Commonwealth Securities Limited & Douglas (Singh), Vinomofo Pty Ltd (Boxall, Gentle, Young), Serco Australia Pty Ltd (Romig), McHatton Training and Consultants (Smallwood), Victorian Aboriginal Legal Service Co-operative Ltd (Vickery), Camp Australia Proprietary Limited (Rowe), Kings Christian Education Ltd (Giddings), Community Housing Limited (Moran), Michael Page International (McNaught), Bret Ward Real Estate Pty Ltd (Beadle), P & G Marmorale Holdings Pty Ltd (Bruni), Novita Children’s Services (Smart), Ferragamo Australia Pty Limited (Kioulafas), Australian Rail Track Corporation (Skinner), Rand Refrigerated Logistics (Zarglis), Reece Australia Pty Ltd (Kalloudis), Arbias Pty Ltd (Amin), Geodis Wilson Australia Pty Ltd (Khorramdel), Old Faithful Pty Ltd (Mirko), Parkridge Holdings (Walsh), CSBP Limited (Johnson), Melbourne Health (Turcan), The Trustee for Wright Trust (Parsons), Broadpsectrum (Australia) Pty Ltd (Clarke), Xin Chen Australia Pty Ltd (Lau), Activated Group Pty Ltd (Gibson), The Commonwealth of Australia (Department of Immigration and Border Protection) (Gibbens), Lark Distillery Pty Ltd (Sault), SC & GA Martin Pty Ltd (Jericho), Bunnings (Swindley), Prime Traffic Solutions Pty Ltd (Younger).
March 21, 2018
A queue of fifty-six unfair dismissal/contract dispute applications are “in-trayed” for decision in the Fair Work Commission. The list includes: Thomas Foods International Murray Bridge Pty Ltd (Ball), Spotless Facility Services Pty Ltd (Kelly), State of Victoria (Department of Justice and Regulation) (Souroop), MSS Strategic Medical and Rescue Pty Ltd (Shields), Pemberley House Pty Ltd (Playford), Kingfisher Ferry Services (Kruger), Greater Shepparton Basketball Association Inc (Long), Charles Parletta Real Estate Pty Ltd (D’Ortenzio), Workforce Variable Pty Ltd (Toma), Newlands Coal Pty Ltd (Domala), Bayside Park Early Education Centre (Norman), Health Axis Pty Ltd (Kot), Xin Chen Australia Pty Ltd (Lau), Elite Caravans (Xipolitos), Pemberley House Pty Ltd (Playford), Australia Post (Gallagher), Pitroda Family Trust (Pavy), Poulter Holdings Pty Ltd (Scouller), Uniting (Fox), Workforce Variable Pty Ltd (Toma), Matter Australia Pty Ltd (Mrakas), Go To Court Lawyers Pty Ltd (Byrne), Qube Ports Pty Ltd (Attwell, Mortimer), Riverwall Constructions Pty Ltd (Soames), McDonald’s (Collins), Digital Fox Pty Ltd (Gambling), Macmahon Contractors Pty Ltd (Kapac), Westpac (Alison), Krispy Kreme Australia Pty Ltd (Kaur), TEYS Australia Naracoorte Pty Ltd (Alvarez), ISS Facility Services (Karikulathil), Accor Hotels (Rhodes), Community Housing Limited (Moran), Cubic Transportation Systems Pty Ltd (Teizeira), Ron London Enterprises Trust (Collin), Role Models and Leaders Australia (Reilly), Australian New Zealand College of Anaesthetists (Fernando), Esso Australia Pty Ltd (Gelagotis, Hatwell), The Trustee for Addisons Advisory Trust (Mu), Macmahon Contractors Pty Ltd (Kapac), Local Trades Specialists Group Pty Ltd (Cardy), Serco Australia Pty Limited (Page), Southern Sydney Regional Organisation of Councils Inc (Helweh), Acciona Infrastructure Australia Pty Ltd (McCullagh), Mario Verrocchi & East Yarra Friendly Society (Patel), Port Waratah Coal Service Limited (Hughes), Olivers Real Food Lithgow (Ray), City of Sydney RSL & Community Club Ltd (Balgowan), Nguna Jarjum Aboriginal Child & Family Inc (Cain), Country Fire Authority (Bailey, Harris, Roberts, Wells).
March 19, 2018
A line up of fifty-three unfair dismissal/labour dispute applications faces Fair Work Commissioners today. The full list is: Aldi (Milton), HCL Australia Services Pty Limited (Amba), Meridian Lawyers (Hanrick), Global Rail (Australia) Pty Ltd (Watterson), PIMS Mining Pty Ltd (McQuillan), Bupa Aged Care Australia Pty Ltd (Tavassoli), Australia Post (Deo), Global Rail (Australia) Pty Ltd (Watterson), Factory Direct Fencing (Gomes), Australian Western Railroad Pty Ltd (Collins), Contraflow Pty Ltd (Edwards), Hall Prior Health & Aged Care Group (Ng), Patrick Projects Pty Ltd (King), Pilbara Iron Company (Service) Pty Ltd (Shari), Sai Business Group Pty Ltd (Gwatkin), JGC Oceania Pty Ltd (Smith), Gullaci Earthworks Pty Ltd (Dicello), Castlemaine Health (Hartney, Howell), Cos Automotive (Sardelis), BDH Communications Pty Ltd (Toth), Valco Group Australia Pty Ltd (Monteiro), Bunnings Group Ltd (Tan Terles), Workskil Australia (Easdale), Wicker IP Royalties Pty Ltd (Kuruppuarchchi), Lakman Fernando Investments Pty Ltd (Gray), Premier Hotel (Ilsley), The Baptist Union Queensland – Carinity (Phillips), Liquorland (Australia) Pty Ltd (Bellini), Reilly Pastoral Co Pty Ltd (Kittle), PIMS Mining Pty Ltd (McQuillan), Stanwell Corporation Limited (Clegg), Huilong Agro Chemicals Australia Pty Ltd (Zhu), WorkPac Pty Ltd (Star), Dial-A-Tow Australia Pty Ltd (Poropat), Phil McMahon Real Estate (Barners), Reece Australia Pty Ltd (Kalloudis), Sydney Trains (Mullally), WJ Pouw Pty Ltd (Baris), St Mary’s Rugby League Club Ltd (Chetcuti), Lincom Group (Waenga), Local Trades Specialists Group Pty Ltd (Cardy), Sans Pants Pty Ltd (Gray), Kimberley Ports Authority (Noom), Hindley & Associates Pty Ltd (Horley & Jacks and Another), Patrik Robinson and Co (Licastro), Campaspe Shire Council (Aldous), Auditing & Assurance Standards Board (Dowling), Community Services Directorate ACT Government (Towns), Qantas Airways Limited (Edwards & Waterhouse and Another), B & E Poultry/Young 8 Pty Ltd (Ferguson), Clanwilliam Health Pty Limited (Foboi), Navitas English Pty Ltd (Khayam).
March 19, 2018
TERMINATION OF EMPLOYMENT – high income threshold – ss.332, 382, 394 Fair Work Act 2009 – application for unfair dismissal – sum of the person’s annual rate of earnings and additional benefits – whether such other amounts added to the annual rate of earnings – private use of vehicle, petrol and tolls – Commission found applicant’s earnings exceeded the high income threshold – applicant not covered by a modern award or enterprise agreement – not a person protected from unfair dismissal – application dismissed. Maybury v Canterbury Trading P/L t/a Canterbury Sink & Tap
March 19, 2018
TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – decision at first instance found employee’s dismissal was harsh, unjust and unreasonable – majority judgment on appeal found Commission in first instance decision mischaracterised employee’s conduct as being at the lower end of scale – found Commission took into account irrelevant considerations and failed to consider relevant considerations – permission to appeal granted – appeal upheld – decision at first instance quashed – application remitted to Full Bench for determination. Appeal by Illawarra Coal Holdings P/L t/a South32 against decision of Riordan C of 3 November 2017 [[2017] FWC 4574] Re: Gosek
March 19, 2018
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – Full Bench convened to hear and determine a number of claims involving public holiday provisions in various modern awards – AIRC Public Holiday Test Case remains relevant however was determined in a different statutory context – SDA non-working day claim rejected – weekend public holiday, substitute day/Christmas day claims – general provision dealing with substitute public holidays not appropriate or necessary – HSU claim in relation to Christmas Day in some modern awards operating in the health and related sectors subject to further conference – AMWU claim rejected – Commission will also shortly program the AHA claim relating part-day public holidays. 4 yearly review of modern awards – Public Holidays
March 19, 2018
REGISTERED ORGANISATIONS – registration – s.18(a) Fair Work (Registered Organisations) Act 2009 – application for registration as federally registrable association of employers – Commission satisfied that grounds for registration as organisation were met in each instance – application granted – to take effect on and from Friday, 9 March 2018. National Retail Association Ltd, Union of Employers
March 19, 2018
REGISTERED ORGANISATIONS – amalgamation – s.73 Fair Work (Registered Organisations) Act 2009 – ballots approved a proposed amalgamation between the CFMEU, MUA and TCFUA (applicant organisations) – consideration given to whether a day should be fixed as the day on which the amalgamation is to take effect – AMMA and MBA opposed to amalgamation – whether there were any relevant proceedings pending against applicant organisations – significant number of proceedings pending against CFMEU and MUA – proceedings described as ‘civil penalty proceedings’ – s.73(2)(c) of the RO Act excludes ‘civil proceedings’ from the kind of pending proceedings that would prevent the Commission from fixing an amalgamation day – Commission satisfied the outstanding civil penalty proceedings were ‘civil proceedings’ – satisfied the requirements of s.73 met – amalgamation of the applicant organisations to take effect from 27 March 2018. Construction, Forestry, Mining and Energy Union; The Maritime Union of Australia and Textile, Clothing and Footwear Union of Australia
