TERMINATION OF EMPLOYMENT – valid reason – ss.385, 386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – Commission found applicant initially handed in resignation to respondent due to alleged bullying at work – respondent sent backdated letter of termination due to alleged misconduct in obtaining fraudulent sick leave – respondent failed to submit evidence as directed by Commission to substantiate claims – Commission found no evidence of misconduct on applicant’s behalf – satisfied dismissal was harsh, unjust or unreasonable – ordered compensation of $19,206.72 plus 9.5% superannuation. Diaz v The Trustee for Sol Degendorfer Family Trust t/a Solene Paris
April 20, 2018
TERMINATION OF EMPLOYMENT – minimum employment period – associated entities – ss.23, 383, 394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent objected on the grounds that it was a small business employer and that applicant did not meet the required minimum employment period – applicant alleged Midgeon Holdings was an associated entity in accordance with s.50AAA of the Corporations Act 2001 – Commission not satisfied Midgeon Holdings is an associated entity of respondent – Commission to determine the number of employees employed by the respondent as at 7 November 2016. Scott v Flinders Island Meat P/L
April 17, 2018
Twenty-four unfair dismissal/labour dispute applications are listed for hearing in the Fair Work Commission. They include: Estia Health (Ghosh), The Islamic Society of Victoria Inc (Abou-Eid), The Royal Children’s Hospital (Garland), Infront Static K9 Services Pty Ltd (Cosgrove), Eagers Retail Pty Ltd (Holden), Palmers Plastering (Jack), Gary Hooper Family Trust (Lawless), City of Rockingham (Reguero-Puente), Merredin Shire Council (Garwood), Metalicus/General Pants Group (Maia), A Pizanis & G Pizanis (Clark), Alphaeus Hair Salon (Morris), Wollongong Nightspots (Dunne, James), Ettamogah Grill & Ale House Bourke St, Pty Ltd (Klioris), Ballarat Community Health Centre (Eckel), Edu-kingdom, Footscray (Amtmann), Country Fire Authority (Balley, Harris, Roberts, Wells, Wright), Australian New Zealand College of Anaesthetists (Fernando), Office of the Commissioner for Public Employment (Plummer).
April 17, 2018
An application for variation of the AR Fire Protection Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 (s.210 – Application for approval of a variation of an enterprise agreement) is set for hearing by Fair Work Deputy President Gostencnik in his Melbourne chambers at 3.15pm.
April 16, 2018
Seventy applications seeking to address unfair dismissal/labour dispute assertions are piled in the in-trays of Fair Work Commissioners. The full list is: Western District Health Service (Anson), ELB Pty Ltd (Cheek), Flight Attendants Association of Australia National Division (Staniforth), Paul J Smith Pty Ltd (Brodrick), Hindley & Associates Pty Ltd (Horley & Jacks and Another), Nulsen Disability Services (Murombo), WRL Pty Ltd (Dousset), USG Boral Building Products Pty Ltd (Palmer), Dental Corporation part of BUPA (Tran), Ramad Resort Kooralbnyn Valley (Denham), Toll Personnel Pty Ltd (Wilton), Pro Health Care Kingswood Clinic Pty Ltd (Vince), Wicker IP Royalties Pty Ltd (Kuruppuarchchi), Happy Valley Community Children’s Centre Inc (Kudzielko), Southern Cross Mining Services Pty Ltd (Traynor), Michael Laguzza (Lewis), Ever Design Group Pty Ltd (Ji), National Institute of Dramatic Art (Watts), Beacon Products Pty Ltd (Rojas), ILSC Brisbane Pty Ltd (Chantiri), Alcoa of Australia Limited (Waite), Bell and Barnett Menswear (Lahanas), Target Australia Pty Ltd (Sehgal), City of Stirling (Emery), BlueScope Steel (AIS) Pty Ltd (Troiano), Northern Territory Government (McAuley), Broadspectrum (Australia) Pty Ltd (Clarke), Australia Post (Sanderson), CSA Services (Jones Family Trust) (Bosschieter), Gary Hooper Family Trust (Lawless), Integratedliving Australia Ltd (Potter), Northside Family Centre Pty Ltd (Ball), Excelcare Australia Limited (Millar), Flinders Ports Pty Ltd (Payne), Thomas Foods International Murray Bridge Pty Ltd (Ball), Spotless Facility Services Pty Ltd (Babke), Aboriginal Elders and Community Care Services (Cammarere), Riverview Lutheran Rest Home Inc (Mills), St Paul Lutheran School Inc (Brokate), The Trustee for Wright Dunn Unit Trust (Bergman), Northern SEW Distributor – Retailer Authority (McFarlane), Able Westchem (Nicholls), Commonwealth Bank (McGuinness), The Otway Fly (Farnes), Westwear (Hooper), Able Westchem (Nicholls), Max Brenner Australia Pty Ltd (Hammon), Sydney Trains (Singh), Arnott’s Biscuits Limited (Gielis), L.J. & C.A. Barker (Taylor), Supalux Pty Ltd (Carlson), City of Perth (Iqbal), Commonwealth Scientific and Industrial Research Organisation (Stringfellow), BWX Ltd (Westall), Randall (Challen), G Plus G Global Trading Pty Ltd (Lewis), Australian Broadcasting Corporation (McDermott), Espresso Apartments Pty Ltd (Londono), Dental Corporation part of BUPA (Tran), Peerless Products Pty Ltd (Mcrae), Transdev Melbourne Pty Ltd (Rivera), Bluestone Mines Tasmania Joint Venture Pty Ltd (Austing), Reward Hospitality (Lynch), Qantas Ground Services Pty Ltd (Kennedy), Barada Bana Aboriginal Corporation (Dargan, Roos), Reilly Pastoral Co Pty Ltd (Kittle), Reefvine Pty Ltd (McMurray), Edwards Lifesciences Pty Limited & Kelly and Others (Brodrick), Apple Pty Ltd (Skaka), Festival Glass and Glazing (Calonsag).
April 16, 2018
The Fair Work Commission lawlist today includes the following unfair dismissal/work practice breach applicants: Totally Aussie Security (Qld) Pty Ltd (Grooby, Pari), Bunnings (Gigney), Salisbury Private Nursing Home Pty Ltd (Lindsell), Vinpac International (O’Connell), Australian Crane and Machinery Pty Ltd (Shakotko), Bendigo Health Care Group (Borrell), Western District Health Service (Rigby), Bupa Aged Care Australia Pty Ltd (Tavassoli), Central Cleaning Supplies (Aus) Pty Ltd (Littel), Public Transport of Victoria (Sharma), Synergy Scaffolding Services Pty Ltd (Sheppard), Citizen Advocacy Western Sydney Inc (Fraser), Buenaobra (Anwar Alesi), Teamforce Pty Ltd (Natoli), G&S Engineering Services Pty Ltd (Burgess), Australian Modern Products Pty Ltd (Chater), Ikon Cleaning Services (Shortis), Mandalay Resources Costerfield Operations Pty Ltd (Teasdale), Aged Care Services Australia Group Pty Ltd (Prendergast), On Site Plumbing and Drainage (Dunstone), The Trustee for Clearpond Trust (Pegler), UOWC Ltd (Annan), Australian Medical Home Sleep Testing Pty Ltd (Goodall), Anglo Italian Concrete (Lombardi), Western District Health Service (Anson), AUSblue Pty Ltd (Stasinopoulous), D’Aquino Payroll Pty Ltd atf the D’ Aquino’s Payroll Trust (Fallon), The Vein Institute (Dugan), Access Group Solutions Pty Ltd (Bull), Go To Court Lawyers Pty Ltd (Byrne), Metres Down Under Pty Ltd (Mafa), Claremont WA Consolidated Pty Ltd (Hayes), Kaefer Integrated Services Pty Ltd (O’Donovan), Nano Bubble Technology Pty Ltd (Griffiths), Fronditha Care (Onisiforou), A.Alderton Plumbing Services Pty Ltd (Cernobrivec), Claremont WA Consolidated Pty Ltd (Hayes), Trisap Group Pty Ltd (Kim-Walker), Toll Transport Pty Limited (Jonker), My Size PL (Lemmon), Thomas Foods International Murray Bridge Pty Ltd (Ball), Tanunda Lutehran Home Inc (Crampton).
April 13, 2018
CASE PROCEDURES – stay order – s.505 Fair Work Act 2009 – application by CFMEUQ Applicants to stay or adjourn proceedings in connection with application by Geofabrics to deal with right of entry dispute – Geofabrics also applied to QIRC to deal with dispute – whether commencement and maintenance of Commission proceeding an abuse of process [Tomlinson v Ramsay, Sterling Pharmaceuticals v The Boots Company (Aust), Bella Products v Creative Designs] – underlying controversy concerned WHS right of entry and right of entry under s.484 of the Act – QIRC proceeding concerned dispute about the exercise by a WHS entry permit holder of a right of entry – QIRC cannot resolve controversy concerning the operation of Part 3-4 of the Act – Commission found proceedings raised undesirable possibility of two tribunals competing to make factual findings about the same allegations – resolution of FWC proceeding may deal with the totality of the dispute – application for stay or adjournment dismissed. Geofabrics Australasia P/L v Construction, Forestry, Maritime, Mining and Energy Union and Ors
April 13, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – National Employment Standards – ss.55, 96, 739 Fair Work Act 2009 – application to deal with dispute under Kimberly-Clark Australia P/L Millicent Mill Production Enterprise Agreement 2012 – Clause 33.1 of Agreement provided 10 days of seven hours sick leave – dispute concerned current practice where employer drew from annual bank of 70 hours per year the number of hours for which employee would have been rostered on that day – CFMEU disputed on basis that employer must provide entitlement of ten calendar days per year to each employee – Commission found current practice conformed with proper construction of Clause 33.1 – however, Commission held that Clause 33.1 failed to provide full benefit of personal leave provided for by NES – prohibited exclusion of NES – Commission concluded Clause 33.1 had no effect. Construction, Forestry, Maritime, Mining and Energy Union v Kimberly-Clark Australia P/L
