TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.385(c), 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for alleged serious misconduct including theft, excessive sick leave, conflict of interest in applicant running own business as competitor – Small Business Fair Dismissal Code applied – Commission considered applicant’s conduct to be sufficiently serious to warrant dismissal pursuant to Code – applicant not unfairly dismissed – application dismissed. Gilani v GNZ Enterprises P/L t/a Right Price Conversions
April 13, 2018
RIGHT OF ENTRY – dispute over right of entry – ss.484, 505 Fair Work Act 2009 – application to deal with dispute under s.484 – whether NUW was entitled to represent industrial interests of production employees employed by the Respondent pursuant to eligibility rules – Eligibility Rules stated members engaged in manufacture of ‘cereal foods’ and ‘Grocers sundries’ eligible for membership – NUW submitted ready-made pizzas produced or manufactured by Respondent were ‘cereal foods’ and ‘Grocers sundries’ – Commission found pizza products produced or manufactured by Respondent were ‘cereal foods’ and ‘Grocers’ sundries’ – NUW entitled to represent industrial interests of employees – NUW officials with permit holders may seek entry under s.484 for the purposes of holding discussions with one or more of these employees. National Union of Workers v Bervar P/L t/a Della Rosa Fresh Foods
April 12, 2018
Only 20 applications are queued and awaiting Fair Work Commission adjudication. The list is: Nano Bubble Technology Pty Ltd (Griffiths), Woolworths Ltd (Rowley), BMW Sydney Pty Ltd (Wang), The Commonwealth of Australia (Kildea), Woonona Bowling and Recreation Club Ltd (Jansen), Sydney Trains (Singh, Mullally), Australia Rail Track Corporation Ltd (Tilden), Sensis Pty Ltd (Weaver), Goldbreak Holdings Pty Ltd (McCormack), Beri Distributors Pty Ltd (Reich), Mayfield Industries Pty Ltd (Brady), Serco Australia Pty Ltd (Motteram), Le Cordon Bleu Australia (McNamara), Startrack/Australia Post (Heitman), Pilbara Iron Company (Services) Pty Ltd (Ballam), Tasmania’s Own Redline (Whipps), ALDI Stores (A Limited Partnership), Subway Kyabram (Sing), Suncorp Staff Pty Ltd (Wijeyamohan).
April 10, 2018
Twenty-one unfair dismissal/contract dispute applications will be heard by the Fair Work Commission today. The list includes: Biripi Aboriginal Corporation Medical Centre (Cowling), Buenaobra (Anwar Alesi), NDY Management Pty Ltd (Toolin), Bunnings Group Limited (Cuttle), Watpac Construction Pty Ltd (McNamara & McNamara and Others), Barbs Transport (Dingeldei), Linfox Armaguard Pty Ltd (Jarmain), Sydney Trains (Singh), RMEM Engineering Pty (Anderson), Airmaster Australia Pty Ltd (Atherton), Commonwealth Scientific and Industrial Research Organisation (Stringfellow), Torre and Mordini Gourmet Meats (Glendining), Western District Health Service (Rigby), Espresso Apartments Pty Ltd (Londono), B-d Farm Paris Creek Pty Ltd (Barker), St Vincent’s Private Hospital Ltd (Bolitho & Castles and Others), WorkPac Pty Ltd (Star), Energy Queensland Limited (Ward), Integratedliving Australia (Bonthrone), Spotless Facility Services Pty Ltd (Babke), Vinpac International (O’Connell).
April 9, 2018
Twenty-four unfair dismissal/labour dispute applications have been listed for hearing today. The Fair Work Commission list is: Southern Cross Support Services (Delaney), HM (Aust) Franchising Pty Ltd (Feldmann), Motroline Operations Pty Ltd (Grover), The Mcleod COuntry Golf Club (Rogers), Timberlink Australia Pty Ltd (Rembowski), Eastern Guruma Pty Ltd (Verwey), Hitachi Construction Machinery (Australia) Pty Ltd (King), China Lane Pty Ltd as Trustee for the China Lane Unit Trust (Anwar), Bunnings Group Limited (Fisher), Sydney Trains (Singh), Tenterfield Care Centre Limited (Wait), Commonwealth Scientific and Industrial Research Organisation (Stringfellow), Victoria Police (Brierley, Chuck), W24 Pty Ltd & Kelly (Galeeva), Go Electrical Pty Ltd (Watts), Royal Melbourne Institute of Technology (Briggs), Australian Taxation Office (McElholum), Toffee Studious (Hall), FJ Tytherleigh Logistics Pty Ltd (Di Mauro), Compass Group (Australia) Pty Ltd (Newman), Compass Group (Australia) (Browne), Sakeena’s Cafe Weston (Beck).
April 6, 2018
The post Easter parade of unfair dismissal/contract dispute applicants is on the march to the Fair Work Commission. The list is: Catholic Schools Office Wagga Wagga (Roche), Southern Cross Mining Services Pty Ltd (Traynor), Topstar International Pty Ltd (Baek), Cowra Tyre & Brake Centre Pty Limited (Davis), Patrick Projects Pty Ltd (King), Lendlease Management Services Limited (Simpson), UGL Rail Services Pty Ltd (Williams), Innaloo Sportsmens Club Incorporated (Stinson), Commonwealth Bank of Australia (McClue), Foxie Group Pty Ltd (Crosby), Juice and Co (Cheung), Dementia Australia Limited (Hopcroft), Bendigo Health Care Group (Collins), Dial-A-Tow Australia Pty Ltd (Poropat), Lobethan and District Aged Homes Incorporated (Clarke), Shace Toop Trading Trust (Caruana), Business Development Pty Ltd (Annetts, Menzi, Taylor, Vitnell), Parkridge Holdings (Walsh), DFFS Management Pty Ltd/Enrinfen Pty Ltd (Mengu), E’Claires Coffee Shop (carter), Midwest Traffic Controllers Pty Ltd (Corbett), Cooper & Oxley Builders Pty Ltd (Anderson), Goldbreak Holdings Pty Ltd (McCormack), Commonwealth Scientific and Industrial Research Organisation (Stringfellow), BHP Billion Iron Ore Pty Ltd (Washington), ALDI Stores (A Limited Partnership) (Vai), My Size PL (Lemmon), The Trustee for Sol Degendorfer Family Trust (Diaz), Broadspectrum Australia Pty Ltd (Brooks), MSS Security Pty Limited (Daley), Flinders University of South Australia (Beazley), Salisbury Private Nursing Home Pty Ltd (Lindsell), ACN 165 180 503 Pty Ltd (McCulloch).
April 6, 2018
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – the ACTU made a claim to include entitlement to paid domestic violence leave in all modern awards – Minority Decision on 27 February 2017 rejected claim [[2017] FWCFB 1133] – Majority Decision on 3 July 2017 [[2017] FWCFB 3494] also rejected claim but expressed preliminary views that all employees should have access to unpaid family and domestic violence leave (FDVL) and that employees should be able to access personal/carer’s leave for purpose of taking FDVL – Full Bench decision addressed these preliminary views – Full Bench decided that the model term entitlement to five days’ unpaid FDVL will apply to all employees – deferred consideration of whether employees should be able to access paid personal/carer’s leave for purpose of taking FDVL – drafting of model term to be finalised in coming weeks with interested parties given opportunity to comment on its final form. 4 yearly review of modern awards – Family and Domestic Violence Leave
April 6, 2018
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – the ACTU submitted a claim to vary modern awards to include family friendly work arrangements – ACCI and the Ai Group raised a number of jurisdictional objections to the ACTU’s proposed clause – ACTU submitted existing regulation regarding family friendly work arrangements was inadequate – employer parties contended s.65 of the FW Act provided a suitable framework for dealing with requests for flexible working arrangements – Full Bench reached a provisional view that modern awards should be varied to incorporate a model term to facilitate flexible working arrangements – proposed model term confined to requests for changes in working arrangements relating to parental or caring responsibilities. Family Friendly Working Arrangements
