TERMINATION OF EMPLOYMENT – contractor or employee – s.394 Fair Work Act 2009 – applicants engaged as couriers for franchisee courier company – applicants dismissed due to alleged theft of goods – respondent submitted applicants were not employees, but independent contractors – Commission considered terms of contract and totality of relationship between applicants and respondent – found applicants were employees – found valid reason for termination however dismissal still unfair as applicants were not afforded procedural fairness – directions on remedy issued. Caine and Anor v Audi Enterprises P/L t/a Audi Repair & Services Centre
April 6, 2018
CASE PROCEDURES – referring question of law – s.608 Fair Work Act 2009 – unresolved matter before the Commission – applicant sought to refer a question of law related to evidentiary requirements for granting permission for a party to be represented by a lawyer under s.596(2) of the FW Act – President found the unresolved issue may impinge on the question sought to be referred – application sought an ‘at large’ ruling not attached to any particular factual context – Commission cannot refer a general matter arising under the FW Act – applicant may pursue any perceived jurisdictional errors by judicial review – application refused. King v Patrick Projects P/L
April 6, 2018
TERMINATION OF EMPLOYMENT – high income threshold – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance Commission dismissed appellant’s jurisdictional objection that employee earned more than the high income threshold – application for stay order granted – Full Bench persuaded a disparity of approaches in Commission decisions existed – permission to appeal granted – Full Bench considered what amounts of a motor vehicle allowance paid to an employee form part of that employee’s ‘earnings’ – Fewings considered – focus on actual use rather than when the benefit was available to be used – appeal upheld – decision at first instance quashed – matter remitted. Appeal by Sam Technology Engineers P/L against decision of Ryan C of 7 August 2017 [[2017] FWC 3228] Re: Bernadou
April 6, 2018
Textile, Clothing and Footwear Union of Australia REGISTERED ORGANISATIONS – cancellation of registration – s.73(3)(c) Fair Work (Registered Organisations) Act 2009 – deregistration of proposed de-registering organisation – proposed amalgamation of CFMEU, MUA and TCFUA approved by members of TCFUA – amalgamation took effect from 27 March 2018 – TCFUA de-registered with effect on 27 March 2018.
April 6, 2018
The Maritime Union of Australia REGISTERED ORGANISATIONS – cancellation of registration – s.73(3)(c) Fair Work (Registered Organisations) Act 2009 – deregistration of proposed de-registering organisation – proposed amalgamation of CFMEU, MUA and TCFUA approved by members of MUA – amalgamation took effect from 27 March 2018 – MUA de-registered with effect on 27 March 2018.
April 6, 2018
Twenty-three unfair dismissal/contract dispute applications are listed for hearing by the Fair Work Commission today. The list is: Australia Postal Corporation (Sambastian), Shace Toop Trading Trust (Caruana), Totally Aussie Security (Qld) Pty Ltd (Grooby, Pari), LEAP Legal Software Pty Limited (Elliott), Strata-Jem Pty Ltd (Cuthbertson), Bank of Queensland Ltd (Taylor), Community Services Directorate ACT Government (Towns), Nyrstar Hobart Pty Ltd (Brain), Toowoomba Christian Broadcasters Assoc Inc (Konig), Trend Windows and Doors Pty Limited (Bajada), Iron Bay Pty Ltd (Seitz), Lapiazza (Danish), Pilbara Iron Company (Services) Pty Ltd (Ballam), Metres Down Under Pty Ltd (Mafa), Link Commercial Mortgages Pty Ltd (MacDougall), HT Bawden (NSW) Pty Ltd (Lindsay), Flight Attendants Association of Australia National Division (Summers), Lakes First Pty Ltd (Santon), JTB Australia Pty Ltd (Yashima), Jetsteel Fabrication Pty (Hamilton), Western District Health Services (Anson), Tempo Holidays Pty Ltd (Jurberg).
April 5, 2018
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – Commission published exposure drafts of the Group 4A-C awards between May and June 2016 and Group 4D-E in November 2016 – hearing held before the Full Bench on 6 December 2016 to deal with technical and drafting issues – further conferences conducted by individual Members and a number of substantive matters referred to separately constituted Full Benches for determination – each award under review considered in turn. 4 yearly review of modern awards-Award stage-Group 4 awards
April 5, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – ss.592, 739 Fair Work Act 2009 – application to deal with dispute in accordance with dispute settlement procedure in the Teekay Shipping (Australia) P/L/AIMPE (Engineer Officers) Government Service & Security Fleet Enterprise GSS Agreement 2011 – dispute not resolved at conferences – AIMPE asked Commission to make recommendation or express opinion to resolve dispute – Teekay objected on basis that it would require exercise of judicial power – Commission held that power to make recommendation or express opinion was to be exercised on discretion – Commission decided not to exercise discretion to make recommendation or express opinion – application dismissed. Australian Institute of Marine and Power Engineers, The v Teekay Shipping (Australia) P/L
