A queue of sixty-five applicants is awaiting adjudication in the Fair Work Commission. The unfair dismissal/work dispute list includes: Manly Warringah Masonic and Community Club (Kavanagh), 1110 BerryExchange Ltd (Mather), Tweed Heads Chinese (Brewer), Kosovich & Tiffin and Another (Curtin University), Curtin University of Technology (Wehr & Tifflin and Another), RMEM Engineering Pty (Anderson), Michael Laguzza (Lewis), Commonwealth Bank (McGuinness), Edu-kingdom, Footscray (Amtmann), Department of Education and Training (Narayan), Trade Fair @ Falls Creek (Seaver), Boyds Realty (Fitzgerald), Hertz Australia Pty Limited (Tham), Baw Baw Shire Council (Williams), Broadspectrum Australia Pty Ltd (Brooks), AM Group (Gallant), Transdev Queensland Pty Ltd (Guorgi), Shace Toop Trading Trust (Caruana), GSM Operations Pty Ltd (Kopania), MyBudget Pty Ltd (Andrawos), Acacia Downs Dairies Pty Ltd (Connell), UVision Australia Pty Ltd (Lusardo Velazco), Active Group of Companies (Bond), Al-Hussain Pty Ltd (Ahmed), WorkPac Group (Ghobrial), Cockburn Cement Limited (Claxton), Piovillico Flowers (Webster), Airmaster Australia Pty Ltd (Atherton), Commonwealth Bank (McGuinness). Svitzer Australia Pty Ltd (Lobo), Banktech Group (Mathias), Zazai Enterprises (Ahmady), Donut King (Hellyer), The Islamic Society of Victoria Inc (Abou-Eid), Effective Trolley Management Pty Ltd (Hassani), Pizza Capers Brinsmead (Gokal), RNTT Pty Ltd (Obuchowski), High Profile Roofing (Lambert), Globe Derby Harness Club (Solomon), WorkPac Pty Ltd (Star), G&N Strang Holdings Pty Ltd (Wilis), The Grass Valley Tavern (Chatters), The University of Western Australia (McKitrick), New Brighton Golf Club (Lambourne), Gonzalez Pt Ltd (Marafioti), Ngaruma & Yindjibarndi Foundation (Nestorovska), Bokay (WA) Pty Ltd (Meade), DOW Performance Materials (Australia) Pty Ltd (Blake), Museums Board of Victoria (Bonshek), ITW Proline Australia Pty Ltd (Curtis), Keolis Downer (Long), Guildford Management Pty Ltd (Harb), Baw Baw Shire Council (Nathan), Adco Constructions Pty Ltd (Moffat), 3 Keys Global (Taverna), ACT Corrective Services (McCulloch), Broadspectrum Australia Pty Ltd (Brooks), John Paul College Limited (Gallo), Broadspectrum Australia Pty Ltd (Ives & Saunders and Others), CPSM Pty Ltd (McGowan), Churches of Christ (Wright), STBAUS Pty Ltd or STBQLD Pty Limited ACN 16 (Van Staden), ACN 165 180 503 Pty Ltd & Forward Half Pty Ltd (McCulloch), Wicker IP Royalties Pty Ltd (Kuruppuarchchi), The University of Western Australia (McKitrick).
April 27, 2018
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant summarily dismissed for serious misconduct – applicant engaged in threatening and abusive behaviour, failed to follow reasonable and lawful directives, and engaged in inappropriate touching of staff member – Commission considered applicant’s 31 years of service, limited English skills, age and prospects of finding new work – found applicant’s dismissal not unfair due to seriousness of misconduct. Talevski v Chalmers Industries P/L
April 27, 2018
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applications for unfair dismissal remedy – three matters heard concurrently – replacement of transformer – job required installation of working earths and bonds in accordance with Electrical Safety Rules – applicants did not do so – serious safety breach – investigation by respondent – show cause letters – applicants dismissed for serious misconduct – Commission found valid reason for dismissals – dismissals not disproportionate – not harsh, unjust or unreasonable – applications dismissed. Weekley and Ors v Essential Energy
April 27, 2018
TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – employee dismissed for unauthorised modifications to vehicles – at first instance Commission found employee had been unfairly dismissed – ordered reinstatement and lost remuneration – appellant sought and was granted stay order [[2018] FWC 1112] – 13 grounds of appeal – Full Bench found appellant denied procedural fairness – appealable error – permission to appeal granted – appeal upheld – decision and order quashed – application referred to Bissett C for rehearing. Appeal by City of Stirling against decision of Binet DP of 9 February 2918 [[2018] FWC 914] Re: Emery
April 23, 2018
Seventy unfair dismissal/labour dispute applications are lined up for hearing in the Fair Work Commission today. The list is: WorkPac Pty Ltd (Star), Acacia Downs Dairies Pty Ltd (Connell), SMS Resource Solutions Pty Ltd (Burgess), Woolworths Group Limited (Cavar), The Base Warehouse (McGlashan), Starttrack Expres (Taylor), Illawarra Coal Holdings Pty Ltd (Inwood), Newmont Asia Pacific (Mark), MSS Security Pty Ltd (Igini), City of Armadale (Woodenberg), DEKK Solutions Pty Ltd (Scarmozzino), Central Celaning Supplies (Aus) Pty Ltd (Littel), Epworth Health Care (Snibson), Rovera Scaffolding (ACT) Pty Ltd (Makovic), Spotless Facility Services Pty Ltd (Allan), Department of Human Services (Houston), Energy Queensland Limited (Ward), GNRE Pty Ltd ATE Griffin Trust (Wright), Ngaanyatjarra Health Service (Bacha), Buch & Company (Roberts), The Trustee for Zouki at Raymond Terrace Unit Trust (Rodrigues), Kingfisher Ferry Services (Kruger), Riverview Lutheran Rest Home Inc (Mills), Barrier Social Democratic Club Pty Ltd (Kapoor), Ambulance Victoria (Mainka), The Whole Box n Dice (Hall), Moorland Cottage (Harris), SCS Ltd (Camporeale), Australian Catholic University (Pittard), Sunrise Pools Australia (Strevens), Excel Building Mangement Pty Ltd (Velendia Buitrago), Scalabrini Village Aged Care (Singh), Mercer (Australia) Pty Ltd (Wilson), Toll Transport Pty Limited (Jonker), Linfox Australia Pty Ltd (Grey), Aerofuels Essendon Pty Ltd (Pickett), Beaute Pacifique Skincare Pty Ltd (Gorski), Infosys Technologies Pty Ltd (Sriam), Department of Human Services – Centrelink (Clements), John Paul College Limited (Gallo), Amtek Corporation Pty Ltd (Young), Village Roadshow Theme Parks Pty Ltd (Stewart), S.C.O.P.E Inc (carruthers), Reefvine Pty Ltd (McMurray), Role Models and Leaders Australia (Reilly), Nioa Nominees Pty Ltd T/F Bill Nioa Family Trust (Bertwistle), Shace Toop Trading Trust (Caruana), Thomas Foods International Murray Bridge Pty Ltd (Ball), Hall Industries Australia Pty Ltd (Zotti), Retail First Pty Ltd (Riley), Fair Work Ombudsman (Mileto), Bright Buttons Children Development Center Erina (Hollis), UOWC Ltd (Annan), Fuji Xerox Australia Pty Ltd (Kumar), Regional Express Holdings Limited (Hanson), Pascoes E & C Pty Ltd (Healey), City Wide Services Solutions Pty Ltd (Scarpino), Aerocare Flight Support Pty Ltd (Owenhall), RMEM Engineering Pty (Anderson), Taylor, Geoffrey Robert (Santon), Department of Justice and Regulation (Chand), The Islamic Society of Victoria Inc (Abou-Eid), SolstadFarstad Pty Ltd (Meincke), Boyds Realty (Fitzgerald), Ramada Resort Kooralbyn Valley (Denham), Gold Coast Hospitality Services Pty Ltd (Ozturk), Transdev Queensland Pty Ltd (Guorgi), Wynbob Pty Ltd (Bond), GLobe Derby Harness Club (Solomon), Dutton Group Pty Ltd ATF The ADR Dutton Family Trust (Davis).
April 23, 2018
The Fair Work Ombudsman has a s.394 (Application for unfair dismissal remedy) with which it must deal before Fair Work Commissioner Riordan in his Sydney chambers (Mileto).
April 23, 2018
Twenty unfair dismissal/labour dispute applications await determination before various Fair Work Commissioners. Today’s list includes: Phoenix Building Approvals (Ehtesami), RNTT Pty Ltd (Obuchowski), GrainCorp (Steward), Greenlight Human Capital (Brewer), Wollongong Nightspots (Dunne, James), Abax Contracting Pty Ltd (Cotterill), Two Shores Holiday Village (Morley), The Commonwealth of Australia (National Offshore Petroleum Safety and Environmental Management Authority) (Boxall), Yaburara and Coastal Mardudhunera Aboriginal Corporation (Cosmos), Transcorp Australia Pty Ltd (Koenigsmann), The Malka Group Pty Ltd (Lee), Zazai Enterprises (Ahmady), Linfox Australia Pty Ltd (Paull & Chau and Others), Airmaster Australia Pty Ltd (Atherton), Menzies Group (Duque Garcia), MYOB (Dawood), The Islamic Society of Victoria Inc (Abou-Eid), Emergency Services Telecommunications Authority (Allan), Queensland Rail (Holder), Fieldquip Pty Ltd (Hyslop), The Motor Hospital Pty Ltd (Brunger), Qube Ports Pty Ltd (Paton), Shace Toop Trading Trust (caruana), Popmarc Pty Ltd (Cimarosti), Advertiser Newspapers Pty Ltd (Smith), Tanunda Lutheran Home Inc (Crampton), Startrack/Australia Post (Heitmann), Integratedliving Australia Limited (Lowery), Sensis Pty Ltd (Howard).
April 20, 2018
TERMINATION OF EMPLOYMENT – genuine redundancy – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – Commission found at first instance that dismissal was not a genuine redundancy as employer failed to comply with obligation under Award to give written advice – however termination not unfair as this failure did not affect outcome – appellant argued that Commission wrongly concluded that he had conceded this and failed to properly explore alternatives to redundancy – Full Bench agreed Commission took into account an irrelevant matter – Commission also misled by respondent’s submission about the availability of alternative positions – found decision attended by appellable error – result manifests an injustice – appeal upheld and decision at first instance quashed – matter remitted for rehearing. Appeal by Manescu against decision of Bull DP of 1 June 2017 [[2017] FWC 2424] Re: Baker Hughes Australia P/L
