The Fair Work Commission will today hear from twenty-three unfair dismissal/contract dispute applicants. The list is: Rocks Fins /n/ Grill (Dhelbai), YGNP Fire Pty Ltd (Kim), BagTrans Pty Limited (Sommers), Adept Inspections & Training Pty Ltd (Townsend), Marks Point Childcare Pty Ltd (Johnson), Q Hospital Group Pty Ltd (Lyons), Telstra Corporation Ltd (Malzenski), Uniting Church Australia Gateway Family Services (Ikin), Allianz Australia Services Pty Limited (Sindas), Pickles Schoolwear (Assaf), St George’s Basin Country Club Ltd (Johnson & Marr and Others), Carrum Downs Newsagency (Dinsdale), Buehler Aged Care Pty Ltd (D’Souza), UVision Australia Pty Ltd (Lusardo Velazco), Caulfield Grammar School (Mazzarella), Linfox Australia Pty Ltd (Paull & Chau and Others), Nyrstar Hobart Pty Ltd (Cowen), Transdev Queensland Pty Ltd (Guorgi), Southern Cross Protection Pty Ltd (Singh), The Loxton District Children’s Centre Inc (Mitchell), A-Style Skin Clinic (Poulton), Cape Australia Holdings Pty Ltd (Green).
May 29, 2018
Twenty-five unfair dismissal/labour dispute claimants will plead their cases in the Fair Work Commission today. The full list is: Rivalea Australia Pty Ltd (Craighead), SC St Vincent De Paul Society NSW (Ghanima), Poly Counts Pty Ltd (Nethercott), G & S Engineering Services Pty Ltd (Hicken), Woolworths Group Limited (Cavar), Steele Associates (Despot), Kids Out West (Nichol), Australian Pharmaceutical Industries Limited (Yazgan), Hyne & Son Pty Ltd (Egan), Cashrewards Pty Ltd (Peri), Boral Cement Ltd (Hawkins), Ngaruma & Yindjibarndi Foundation (Nestorovska), Australian Manpower Services (AMS), City of Kingston (Ayres), Country Fire Authority & Country Fire Authority (McCann), Myer Pty Ltd (George), Pohlmans Nursery (Lally), Core Staff Pty Ltd (Haddrick), Coles Supermarkets Aust Pty Ltd (Angelakos), Freedom Screens Brisbane (Breed), Curtain Wonderland (Rayner), Svitzer Australia Pty Ltd (Paparella), Camp Windamere Ltd (Syrianos), The Hills Christian Community School Inc (Kelly), Fleurieu Regional Waste Authority (Lundberg).
May 28, 2018
INDUSTRIAL ACTION – order against industrial action – s.418 Fair Work Act 2009 – application for order to stop industrial action by Variable Salary Employees at Port Botany – whether industrial action was agreed or authorised – DP World Sydney Enterprise Agreement 2015 had not yet passed its nominal expiry date – Commission concluded that industrial action linked to Labour Review dispute – given union’s involvement in Labour Review dispute, Commission found that union partook in organisation of industrial action – unprotected industrial action found to be happening, threatened and impending – unprotected industrial action must not occur and not be organised – order issued. DP World Sydney Limited v Construction, Forestry, Maritime, Mining and Energy Union and Ors
May 28, 2018
TERMINATION OF EMPLOYMENT – contractor or employee – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – jurisdictional objection – applicant claimed she was engaged by respondent as a commercial cleaner – respondent contended applicant was not an employee, but a subcontractor who carried out own business – jurisdictional issue heard and determined as preliminary point – Abdalla considered – Commission found applicant was an employee – application for unfair dismissal valid – further proceedings to be scheduled to determine whether dismissal was unfair. Pekaj v AAMG Cleaning Group P/L
May 28, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.22, 604, 739 Fair Work Act 2009 – appeal – Full Bench – industrial dispute under the Carter Holt Harvey Wood Products Australia P/L Myrtleford Enterprise Agreement 2013 – at first instance Commission found that employer response action in the form of a ‘lockout’ was not ‘service’ within the meaning of s.22 of the FW Act – appellants argued lockout was an ‘authorised’ absence rather than ‘directed’ and employees entitled to accrue annual leave – Full Bench found Commission correct in orthodox interpretation of meaning of ‘service’ and application of precedent – clear from legislation that annual leave not accrued during period of lockout – appeal dismissed. Appeal by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Anor against decision of Gostencnik DP of 16 January 2018 [[2018] FWC 6] Re: Carter Holt Harvey Woodproducts Australia P/L
May 28, 2018
The unfair dismissal/contract dispute claims lined up for hearing in the Fair Work Commission today include: Workskil Australia (Fletcher), Trivett Automotive Retail Pty Ltd (Smith), Logic Entity Australia Pty Limited (Liang), The Beverage Company Pty Ltd (Gandar), CKC Accountants Pty Limited (Marshall), FBT Transwest Pty Ltd (Hines & Moulas), NA Group Pty Ltd (Bittar), BHP Billiton Iron Ore (Smith, Biddle), Sai Business Group Pty Ltd (Gwatkin), Officeworks Ltd (Kim), Mercy Education Limited (Cooney), The Royal Children’s Hospital (Duckham), St Josepht’s Flexible Learning Centre (Cowper), MSS Security Pty Ltd (Findley), Inproof Transport Emergency Services (Willis), Emergency Services Telecommunications Authority (Harrison), RBA Financial Group (Milner), Sensis Pty Ltd (Harnisch, Wiseman), Who Bathroom Warehouse (Khan), Excelcare Australia Limited (Millar), JJ Richards & Sons Pty Ltd & Matthews (Foster), LMM Holdings Pty Ltd & Reeesby and Another (Michalakellis), Platinum KS2 Pty Ltd ATF Platinum KS2 Trust (Kozmanyan), Canterbury College Ltd (Patten), Energy Queensland Limited (Ward), SBG Administration Services Pty Ltd (May), Helena College Council Inc (Snyder), Albany Community Legal Service (Bannister), AC Mobility Pty Ltd (Keswick), LDO Operations Pty Ltd (Callaghan), Akuna Pet Resort (Schiller), Senator Brian Burston (Kelly), UWA Sport Pty Ltd (Linto), Cordwell Resources Pty Ltd (Oakenfull), Altas Copco Australia Pty Ltd (Bethany), Cater Care Australia Operations Pty Ltd (Bailey), Serco Australia Pty Ltd (United Voice), Presbyterian Church (NSW) Property Trust (Solomons), Claydon Brothers Pty Ltd (Pafumi), Georob Smash Repairs Pty Ltd (Dickens), Toll Global Express Services (Erasmuk), The Australia Traffic Network Pty Ltd (Kwitowski), East Arnhem Regional Council (Wunungmurra), Integratedliving Australians Ltd (Potter), NRG Gladstone Operating Services Pty Ltd (Brown, Lamb), S & S Webster Investments Pty Ltd (Tompkins), Maroochy Coach House Holdings Pty Ltd (Watson), Western Australian Greyhounds Racing Association (Burrows), Broadspectrum (Australia) Pty Ltd (Richardson).
May 25, 2018
Thirty-nine applicants are awaiting adjudication of their unfair dismissal/labour dispute assertions in the Fair Work Commission. The full list is: Mt Arthur Coal Pty Ltd (Samuelson), Byron Bay Bowling & Recreation Club Ltd (Brockdorff), Escala Partners Ltd & Zanders (Wild), National Australia Bank Limited (Tyler), Workforce Variable Pty Ltd (Toma), BHP Billiton Iron Ore Pty Ltd (Maguire, Chellew), Salvation Army (Harrison), TLC Forest Lodge Residential Aged Care (Babu), G4S Custodial Services Pty Ltd (Hickleton), The Trustee for Anaconda Unit Trust (Mcveigh), Monash Health (Belyuga), Chesson Pty Limited (Knutson), NQPS Pty Ltd (Krasnic), Curtain Wonderland (Rayner), Ngaanyatjarra Health Service (Bacha), Platinum KS2 Pty Ltd ATF Platinum KS2 Trust (Kozmanyan), Dubbo Greyhound Racing Club (Maxwell), Southern Fresh Australia Pty Ltd (Joseph), Civil Mining & Construction Pty Ltd (Downes), Mandiri Rental Pty Ltd (Kelly), Catholic Schools Office Wagga Wagga (Roche), AGS Accounting Pty Ltd (Virmani), Adept Inspections & Training Pty Ltd (Townsend), Bernini Stone & Tiles Pty Ltd (Leon), Panalpina World Transport Pty Ltd (Whysall), Chisholm & Gamon Property Pty Ltd (Giannopoulos), Beaute Pacifique Skincare Pty Ltd (Gorski), Nu Fruit Pty Ltd (Neate), Birchip Cropping Group Inc (Kelly), The Herald and Weekly Times Pty Limited (Doherty), High End Timber Finishing Pty Ltd (Thakur), Pindan Asset Management Pty Ltd (Jupp), Equity Labour Service (White), Foot & Thai Massage Pty Ltd (Durado, Isugan), Markwell Pacific Marketing Pty Ltd (Loschiavo), LDO Operations Pty Ltd (Callaghan), Biripi Aboriginal Corporation Medical Centre (Cowling).
May 23, 2018
Sixteen cases are queued for determination before the Fair Work Commission today. The unfair dismissal/labour dispute applicants include: Ratesetter Australia Pty Ltd (Khan), Preston Rowe Paterson Sydney Pty Limited (Cooper), White Sneakers Pty Ltd (Wignall), Australia Post (Adamati), Catholic Schools Office Wagga Wagga (Roche), YGNP Group Pty Ltd (Kim), Bernini Stone & Tiles Pty Ltd (Leon), Cleanworx Services Pty Ltd (Sinikovic), Parmalat Australia Pty Ltd (Lucas), Fresh Cheese Co (Aust) Pty Ltd (Viceconte & Condello), Taylors Business Pty Ltd (Fernandopulle), Mooloolaba Surf Life Savings Supporters Club (Barry), Grand Hotel (Brown), AAMG Cleaning Group Pty Ltd (Pekaj), McLaren Vintners (Davey), Altus Traffic (Widdison).
