Thirty-eight unfair dismissal/contract dispute applications are lined up for a Fair Work Commission hearing. The list contains: V & VM Bucan (Wilson), The Trustee for Davis Family Trust (Lawrence), Finance Sector Union of Australia (Sacco), Hall Industries Australia Pty Ltd (Zotti), Host International Limited (Smith), Asset Restorations (Georges), Toll Transport Pty Ltd (Johnston), Civil Mining & Construction Pty Ltd (Downes), Astrazeneca Pty Ltd (Muhling), Oswald Legal Pty Ltd (Cole), The University of Western Australia (McKitrick), Capital Recycling (Keevers), Donut King (Hellyer), Complete Care Physio Health Group (Das), Monash University (Proud), Commonwealth Bank (McGuinness), The Commonwealth of Australia (Kildea), BLC Cosmetics Pty Ltd (Dellit), Rainbow Bay Surf Lifesaving Supporters Club (Holland), Australian Electoral Commission (Nmecic), Patch and Caulk Pty Ltd (Savelli), The Trustee for Davis Family Trust (Lawrence), Australian Broadcasting Corporation (McDermott), Allianz Australia Services Pty Limited (Sindas), St Vincent De Paul Society NSW (Purcell), Busways Group Pty Ltd (Riley), Boncor Management Pty Ltd (Contos), Foodora Australia Pty Ltd (Klooger), The Uniting Church in Australia Property Trust (NSW) Knox Grammar School (Ollier), BGC (Australia) Pty Ltd (Namana), North West Alliance Operated by Veolia (Twidle), Rogerseller (Levidis), Department of Education and Training (Jong), Belgravia Health & Leisure Group Pty Ltd (Bromley-Hoult), Inproof Transport Emergency Services (Willis), Foot & Thai Massage Pty Ltd (Durado, Isugan), Flamestop Australia (Wohar).
May 7, 2018
Over 100 applicants are queued before the Fair Work Commission seeking money and vindication for a miscellany of slights, injustices and contractual breaches. The law list includes: Hitachi Construction Machinery (Australia) Pty Ltd (King & Reid and Another), Aboriginal Legal Services (NSW/ACT) Limited (Bell), OKR Coal Australia Pty Ltd (Orth), Catholic Parish of Mary Help of Christians Sawtell – Catholic Care of the Aged (Raferty), BOGEYE Pty Ltd (Tweedie), Allianz Australia Pty Limited (Sindas), Answar Alesi (Buenaobra), Wollongong Nightspots (Dunne, James), The Uniting Church in Australia Property Trust (NSW) Knox Grammar School (Ollier), Doutta Galla Aged Services Ltd (Sharma), Australian Hearing and Balance Centre (Bailey), Twentieth Super Pace Nominees Pty Ltd (Blight), Emergency Services Telecommunications Authority (Harrison), Qantas Ground Services Pty Ltd (Tasevski, Barkho, Fountoulakis, Hudson, Somen), Austin Health (Kavanagh), Australian Handrails Pty Ltd (Galanopoulos), Hertz Australia Pty Limited (Tham), Commonwealth Bank of Australia (Hirst), Oracle Customer Management Solutions Pty Ltd (Hanley), The GEO Group Australia Pty Ltd (McShane), Churches of Christ in Queensland (Minchio), Minnis & Samson Pty Ltd (Porter), Twentieth Super Pace Nominees Pty Ltd (Blight), ISS Facility Services (Geslicki), TFA Pty Ltd (Huber), YDC Port Macquarie Pty Ltd (Archibald), UPH Investments Pty Ltd (Booth),Winston Endeavours Pty Ltd (Underwood), John Blair Motor Sales Pty Ltd (Norton), HCL Australia Services Pty Limited (Amba), PPB Pty Limited & Bryant and Another (Challingsworth), MG Medical Group Pty Ltd (Crowe), The Grout Guy Pty Ltd (Nicholl), Essene Group Pty Ltd (Ng), Aintree Holdings Pty Ltd (Chiricosta), Expo Copy Document Centre (Chagas), WorkPac Group (Ghobrial), Uber (Pallage), Infinity Rings Pty Ltd (Capanoglu), Emergency Services Telecommunications Authority (Rennie & Fraser and Others), Mental Health Tribunal (Cameron), NWQIC SS (James), Walgett Aboriginal Medical Services Ltd (Hickey), Ambulance Victoria (Mainka), The Trustee for Michailidis Family Trust (Denezakis), Toll Personnel Pty Ltd/Toll IPEC Pty Ltd (Holton), Nebo Service Centre Pty Ltd (Eyles), Eureka Operations Pty Ltd (Dunn), Akuna Pet Resort (Schiller), Mt Arthur Coal Pty Limited (Waters), ECS International Security and Investigations (Kumar), Valco Group Australia Pty Ltd (Monteiro), Ever Design Group Pty Ltd (Ji), Lindsay Australia Limited (Menzies), RNTT Pty Ltd (Obuchowski), Sunrise Pools Australia (Strevens), Grandbridge Limited (Wiburd), Qantas Airways Pty Ltd (Rodl), United Protestant Association NSW Ltd (Grabovsky), Urban Pedaler (Miller), Grandbridge Limited (Wiburd), Coffey Services Australia (Abram), Epworth (Barros), Epworth Foundation (Nesci), Sectoral Systems Pty Ltd (Leviston), State of Victoria (Department of Justice and Regulation) (Souroop), The Friends’ School Incorporated (White), ITW Proline Australia Pty Ltd (Curtis), Bright Buttons Children Development Centre Erina (Hollis), Unison Housing Ltd (Lange), Banktech Group (Mathias), VCPS Pty Ltd & Sonic HealthPlus Pty Ltd (Harvey), Monash Health (Singh), Urban Pedaler (Miller), Complete Facility Services Trust No 2 (Anderson, Humphreys, Murphy), Hail Creek Coal Pty Ltd (Martin), Scarborough Bowls Club Inc (Tidyman), Svitzer Australia Pty Ltd (Lobo), Healthe Care Robina Pty Ltd (Yovich), Dutton Group Pty Ltd ATF The ADR Dutton Family (Davis), Chesson Pty Limited (Knutson), National Institute of Dramatic Art (Watts), Wettenhalls (McCormack), Westpac Banking Corporation (Bell, Ang), Flight Attendants Association of Australia National Division (Staniforth), Assetlink Services P/L (Ahmed), Boral Cement Ltd (Hawkins), Clough Projects Pty Ltd (McEvoy), Little Moreton Pty Ltd (Rayner), Network Aviation Pty Limited as trustee for the Network Trust (Lauder& Cumming, Rousset & Zimmerman), Rogerseller (Levidis), Bestbar (Vic) Pty Ltd (Sullivan), The Royal Children’s Hospital (Duckham), Australian Capital Territory (Brewer), HEQ Pty Ltd (McGeechan), Queensland Rail (Holder), Core Staff Pty Ltd (Haddrick), Allwater (Mackinnon), Aerocare Flight Support Pty Ltd (Owenhall), Shace Toop Trading Trust (Caruana), Chris Garrett Pty Ltd (Gilmour), Estia Investments Pty Ltd (Petts), Bunnings (Swindley), Australian Electoral Commission (Nemcic), Popmarc Pty Ltd (Cimarosti).
May 4, 2018
ENTERPRISE AGREEMENTS – approval – undertakings – ss.180, 185, 186 Fair Work Act 2009 – Retail and Fast Food Workers Union Incorporated (RAFFWU) submitted the Coles Supermarkets Enterprise Agreement 2017 (Agreement) did not pass Better Off Overall Test (BOOT) – claimed ‘standing consent’ to work permitted additional hours to be worked as voluntary overtime – RAFFWU requested undertaking that ‘standing consent’ provisions would not be used – Commission agreed Agreement provision different to Award but not detrimental – whether Agreement ‘genuinely agreed’ – RAFFWU submitted Shop Distributive and Allied Employees Association (SDA) materials were misrepresentations – SDA corrected materials after becoming aware of misrepresentation – Coles cannot be held responsible for the communications of other bargaining representatives – Commission not persuaded the material disclosed that Coles did not meet its obligation under s.180(5) of the FW Act – satisfied employees ‘genuinely agreed’ – Commission requested undertakings – Agreement approved with undertakings. Coles Supermarkets Enterprise Agreement 2017
May 4, 2018
TERMINATION OF EMPLOYMENT – application to dismiss by employer – ss.394, 395 Fair Work Act 2009 – application for unfair dismissal remedy – application lodged by email on approved form but missing annexures B and C and without payment of fee – payment and annexures provided four days later – respondent argued application invalid as incomplete – Commission considered what is necessary to make an application complete and whether application invalid if not accompanied by filing fee – found no requirement that an application must be complete to be valid and to require this would be inconsistent with the Objects of Part 3-2 of the FW Act – whilst fee must accompany an application, this does not require fee to be paid at the same time as the application – found valid application made within time frame – matter referred for conciliation. Bonnar v Rail Industry Safety & Standards Board
May 4, 2018
ANTI-BULLYING – likely to continue – s.789FC Fair Work Act 2009 – applicant employed as chief executive at a medical practice – instigated an independent bullying investigation – during a board meeting, applicant was challenged over the progress of the investigation – applicant announced his intention to resign – emailed company director to invoke separation clause – applicant later purported to withdraw his resignation in a telephone conversation with one of the three directors – applicant filed an application for an order to stop bullying – submitted that director had authority to accept withdrawal of resignation – submitted that resignation was involuntary – Commission found that single director lacked authority to accept withdrawal – no reasonable prospect of success – application dismissed. Mr Cox
May 4, 2018
TERMINATION OF EMPLOYMENT – contractor or employee – s.394 Fair Work Act 2009 – applicant founded company with husband – held position of director of company and company secretary – applicant removed from her position as company secretary by board resolution due to alleged insufficient performance – respondent submitted applicant was never an employee – no written contract or representations of employment – applicant received no employment related benefits – Commission considered employment relationship – found applicant was not an employee – application dismissed. Kim-Walker v Trisap Group P/L
May 4, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – alleged dispute under the Crown Perth, CFMEU, CEPU – Property Services Enterprise Agreement 2014 – meaning and effect of ‘deeming’ provision on entitlement to payment for hours worked in a continuous shift spanning two days – payment of entitlements of employees who work a night shift of ordinary hours which begins on one day and ends on the following day where one of the days on which the work the shift is performed is a public holiday – proper construction of various provisions of the Agreement [Berri] – historical contextual material considered – Commission held employees entitled to be paid public holiday rates for the hours they worked on a public holiday day – dispute determined. Construction, Forestry, Maritime, Mining and Energy Union v Burswood Resort (Management) Limited t/a Crown Perth
May 3, 2018
Forty-seven apartments await adjudication before the Fair Work Commission. The unfair dismissal/labour dispute list includes: Transtar International Freight (Aust) Pty Ltd (Feinauer), George Weston Foods Ltd & Brown and Another (Wagner), Fuji Xerox Australia Pty Ltd (Kumar), Elite Essential Trades Pty Ltd (Gauntlett-Gilbert), Surfside Buslines Pty Ltd (Slight), Flight Attendants Association of Australia National Division (Summers), Central Finance (Trevena), Parker Ezihose Pty Ltd (Blackham), Department of Agriculture and Water Resources (Smalls), Sensis Pty Ltd (Howard), Metres Down Under Pty Ltd (Mafa), Piovillico Flowers (Webster), Zazai Enterprises (Ahmady), Western District Health Service (Rigby), Acciona Infrastructure Australia Pty Ltd (McCullagh), The Friends’ School Incorporated (White), Qantas Ground Services Pty Ltd (Kennedy), Uniting Care Queensland (Wenman), Safe Places Community Services (Rowe), Energy Queensland Limited (Ward), Quayclean Australia Pty Ltd (Wong), Batchfire Callide Management Pty Ltd (Renton-Power), Excelcare Australia Limited (Millar), The Baptist Union of Queensland – Carinity (Perkins), Albany Community Legal Service (Bannister), Katoomba Scenic Skyway Pty Ltd (Lee), Cloud Catcher Labradoodles (Palpal-Latoc), St Dominic’s College Kingswood (Galea), Department of Human Services Centrelink (Wahid), The Commonwealth of Australia (Department of Home Affairs) (Gibbens), Westim Pty Ltd (Roberts), Manchester Collection (Tider), Doutta Galla Aged Services Ltd (Sharma), The Trustee for Dilligaf No 2 Trust (Daniel), Sheridan Australia Pty Ltd – Habesbrands Australia (DeLuca), Jewish Care (Victoria) Inc (Kofmansky), Mental Health Tribunal (Cameron), Inproof Transport Emergency Services (Willis), Woolworths Limited (Djordjevic), Sectoral Systems Pty Ltd (Leviston), UVision Australia Pty Ltd (Lusardo Velazco), Toll Holdings (Reid), Transdev Queensland Pty Ltd (Guorgi), Toll Personnel Pty Ltd (Wilton), Superior Wood Pty Ltd (Lee), AAMG Cleaning Group (Pekaj), Shace Toop Trading Trust (Caruana).
