TERMINATION OF EMPLOYMENT – remedy – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance Commission found appellant unfairly dismissed and ordered reinstatement – appeal challenges the Decision insofar as appellant was granted reinstatement rather than compensation as a remedy – appellant argued loss of trust and confidence and inability to re-establish the employment relationship – submitted reinstatement would lead to further termination and appellant only medically cleared for 38 hours’ work rather than 45 hours – appellant had also gained employment with another employer – Full Bench held it was in the public interest to grant permission to appeal – found appellant denied an appropriate and effective remedy – decision as to remedy quashed – appeal upheld – matter remitted to Wilson C for re-hearing to re-determine remedy. Appeal by Seitz against decision of Binet DP of 22 December 2017 [[2017] FWC 6926] Re: Ironbay P/L t/a City Beach IGA
April 5, 2018
The pre-Easter queue of forty-eight is lined up for a decision over their unfair dismissal/labour dispute claims. The Fair Work Commission list includes: The Trustee for the Winston Trust (Piestsch), TCIG Holdings Pty Ltd (Donnelly), PIMS Mining Pty Ltd (McQuillan), Australian Rail Track Corporation (Skinner), Trust for Khali No2 (Vernocchi), Mirrabooka Early Childhood Centre and Morisset OOSCH (Chadwick), JAS Forwarding Worldwide (Davies), Starfire Pty Ltd (Adams), Southern Cross Veterinary Clinic (Williams), Rasier Pacific Pty Ltd (Hinde), Mobil Oil Australia Pty Ltd (Maybir), Patrick Projects Pty LTd (King), G Plus G Global Trading Pty Ltd (Lewis), Chalmers Industrial Pty Ltd (Talevski), Steric Solutions Pty Ltd (Trialonas), Solarhub (Iramiyan), Wesley Mission Queensland (Lee), Suncorp Staff Pty Ltd (Cashin), Michael Page International (McNaught), Kmart Australia Ltd (Doolan), Shace Toop Trading Trust (Caruana), The Trustees of the Roman Catholic Church for the Diocese of Lismore (Lake), Autowest Paint Supplies Pty Ltd (Nicholas), Australia and New Zealand Banking Group Limited (Praphaisit), Flight Attendants Association of Australia National Division (Summers), HT Bawden (NSW) Pty Ltd (Lindsay), Boral Cement Ltd (Hawkins), Price Bakery Pty Ltd (Price), Pub Art Australia Pty Ltd (Ritting), MSS Security Pty Ltd (Igini, Rapley), Alice Springs Town Council (Fitzsimmons), Victorian Frozen Food Distributors P/L (Stogiannidis), Australian Technical and Management College (Sahni), Albany Community Legal Services (Bannister), Autowest Pain Supplies Pty Ltd (Nicholas), G.J. & K. Facility Services Pty Ltd (Dahoud), Linfox Australia Pty Ltd (Giordano), Middlemount Coal Pty Ltd (Duffell), The Surf Life Saving Foundation (Ferguson), Good Start to Life (Reuter), Incitec Pivot Limited (Howton), Yd Pty Ltd (Fay), Grenadier Gold Pty Ltd (Cooper), AAMG Cleaning Group Pty Ltd (Pekaj), Macmahon Contractors Pty Ltd (Kapac), Westpac (Alison), Alice Springs Town Council (Fitzsimmons).
April 5, 2018
The queue of unfair dismissal/contract dispute claimants is thinning with the approach of Easter. The twenty-two on today’s list are: Camp Widnamere Ltd (Syrianos), Flamestop Australia (Wohar), TNT Australia Pty Ltd (Jones), Bunnings (Swindley), The Surf Life Saving Foundation (Ferguson), John Paul College Limited (Strudwich), St Vincent’s Private Hospitals Ltd (Bolitho & Castles & Others), Vazza Pty Ltd (Li), Wilson Security Pty Ltd (Mazenco), Chalmers Industries Pty Ltd (Talevski), Autocaps Aust (Di Pastena), Old Faithful Pty Ltd (Mirko), Bunnings Group Ltd (Tan Terles), Monash University (Armstrong), Sydney Night Patrol and Inquiry Co Pty Ltd & Brookfield Australia Investments Limited (Barrett), Cooee Wealth/Connected Advice (Curby), Park House Hotel (Mckechnie), Tenterfield Care Centre Limited (McLellan-Eriksson), JAS Forwarding Worldwide (Davies), Arnott’s Biscuits Limited (Gielis), NWQIC SS (James), TCIG Holdings Pty Ltd (Donnelly).
March 23, 2018
Forty-one unfair dismissal/labour dispute applications are loading the in-trays of Fair Work Commissioners. The list includes: Jobwire Ibs Pty Ltd (Staines), Health Services Union (Gorman), Chesson Pty Limited (Knutson), Commonwealth Securities Limited & Douglas (Singh), Illawarra Coal Holdings Pty Ltd (Inwood), Study Group Australia Pty Ltd (Barnett), Medibank Private Garrison Health Services (Kinross), Spotless (Rosewarne), Commonwealth Securities Limited & Douglas (Singh), Vinomofo Pty Ltd (Boxall, Gentle, Young), Serco Australia Pty Ltd (Romig), McHatton Training and Consultants (Smallwood), Victorian Aboriginal Legal Service Co-operative Ltd (Vickery), Camp Australia Proprietary Limited (Rowe), Kings Christian Education Ltd (Giddings), Community Housing Limited (Moran), Michael Page International (McNaught), Bret Ward Real Estate Pty Ltd (Beadle), P & G Marmorale Holdings Pty Ltd (Bruni), Novita Children’s Services (Smart), Ferragamo Australia Pty Limited (Kioulafas), Australian Rail Track Corporation (Skinner), Rand Refrigerated Logistics (Zarglis), Reece Australia Pty Ltd (Kalloudis), Arbias Pty Ltd (Amin), Geodis Wilson Australia Pty Ltd (Khorramdel), Old Faithful Pty Ltd (Mirko), Parkridge Holdings (Walsh), CSBP Limited (Johnson), Melbourne Health (Turcan), The Trustee for Wright Trust (Parsons), Broadpsectrum (Australia) Pty Ltd (Clarke), Xin Chen Australia Pty Ltd (Lau), Activated Group Pty Ltd (Gibson), The Commonwealth of Australia (Department of Immigration and Border Protection) (Gibbens), Lark Distillery Pty Ltd (Sault), SC & GA Martin Pty Ltd (Jericho), Bunnings (Swindley), Prime Traffic Solutions Pty Ltd (Younger).
March 21, 2018
A queue of fifty-six unfair dismissal/contract dispute applications are “in-trayed” for decision in the Fair Work Commission. The list includes: Thomas Foods International Murray Bridge Pty Ltd (Ball), Spotless Facility Services Pty Ltd (Kelly), State of Victoria (Department of Justice and Regulation) (Souroop), MSS Strategic Medical and Rescue Pty Ltd (Shields), Pemberley House Pty Ltd (Playford), Kingfisher Ferry Services (Kruger), Greater Shepparton Basketball Association Inc (Long), Charles Parletta Real Estate Pty Ltd (D’Ortenzio), Workforce Variable Pty Ltd (Toma), Newlands Coal Pty Ltd (Domala), Bayside Park Early Education Centre (Norman), Health Axis Pty Ltd (Kot), Xin Chen Australia Pty Ltd (Lau), Elite Caravans (Xipolitos), Pemberley House Pty Ltd (Playford), Australia Post (Gallagher), Pitroda Family Trust (Pavy), Poulter Holdings Pty Ltd (Scouller), Uniting (Fox), Workforce Variable Pty Ltd (Toma), Matter Australia Pty Ltd (Mrakas), Go To Court Lawyers Pty Ltd (Byrne), Qube Ports Pty Ltd (Attwell, Mortimer), Riverwall Constructions Pty Ltd (Soames), McDonald’s (Collins), Digital Fox Pty Ltd (Gambling), Macmahon Contractors Pty Ltd (Kapac), Westpac (Alison), Krispy Kreme Australia Pty Ltd (Kaur), TEYS Australia Naracoorte Pty Ltd (Alvarez), ISS Facility Services (Karikulathil), Accor Hotels (Rhodes), Community Housing Limited (Moran), Cubic Transportation Systems Pty Ltd (Teizeira), Ron London Enterprises Trust (Collin), Role Models and Leaders Australia (Reilly), Australian New Zealand College of Anaesthetists (Fernando), Esso Australia Pty Ltd (Gelagotis, Hatwell), The Trustee for Addisons Advisory Trust (Mu), Macmahon Contractors Pty Ltd (Kapac), Local Trades Specialists Group Pty Ltd (Cardy), Serco Australia Pty Limited (Page), Southern Sydney Regional Organisation of Councils Inc (Helweh), Acciona Infrastructure Australia Pty Ltd (McCullagh), Mario Verrocchi & East Yarra Friendly Society (Patel), Port Waratah Coal Service Limited (Hughes), Olivers Real Food Lithgow (Ray), City of Sydney RSL & Community Club Ltd (Balgowan), Nguna Jarjum Aboriginal Child & Family Inc (Cain), Country Fire Authority (Bailey, Harris, Roberts, Wells).
March 19, 2018
A line up of fifty-three unfair dismissal/labour dispute applications faces Fair Work Commissioners today. The full list is: Aldi (Milton), HCL Australia Services Pty Limited (Amba), Meridian Lawyers (Hanrick), Global Rail (Australia) Pty Ltd (Watterson), PIMS Mining Pty Ltd (McQuillan), Bupa Aged Care Australia Pty Ltd (Tavassoli), Australia Post (Deo), Global Rail (Australia) Pty Ltd (Watterson), Factory Direct Fencing (Gomes), Australian Western Railroad Pty Ltd (Collins), Contraflow Pty Ltd (Edwards), Hall Prior Health & Aged Care Group (Ng), Patrick Projects Pty Ltd (King), Pilbara Iron Company (Service) Pty Ltd (Shari), Sai Business Group Pty Ltd (Gwatkin), JGC Oceania Pty Ltd (Smith), Gullaci Earthworks Pty Ltd (Dicello), Castlemaine Health (Hartney, Howell), Cos Automotive (Sardelis), BDH Communications Pty Ltd (Toth), Valco Group Australia Pty Ltd (Monteiro), Bunnings Group Ltd (Tan Terles), Workskil Australia (Easdale), Wicker IP Royalties Pty Ltd (Kuruppuarchchi), Lakman Fernando Investments Pty Ltd (Gray), Premier Hotel (Ilsley), The Baptist Union Queensland – Carinity (Phillips), Liquorland (Australia) Pty Ltd (Bellini), Reilly Pastoral Co Pty Ltd (Kittle), PIMS Mining Pty Ltd (McQuillan), Stanwell Corporation Limited (Clegg), Huilong Agro Chemicals Australia Pty Ltd (Zhu), WorkPac Pty Ltd (Star), Dial-A-Tow Australia Pty Ltd (Poropat), Phil McMahon Real Estate (Barners), Reece Australia Pty Ltd (Kalloudis), Sydney Trains (Mullally), WJ Pouw Pty Ltd (Baris), St Mary’s Rugby League Club Ltd (Chetcuti), Lincom Group (Waenga), Local Trades Specialists Group Pty Ltd (Cardy), Sans Pants Pty Ltd (Gray), Kimberley Ports Authority (Noom), Hindley & Associates Pty Ltd (Horley & Jacks and Another), Patrik Robinson and Co (Licastro), Campaspe Shire Council (Aldous), Auditing & Assurance Standards Board (Dowling), Community Services Directorate ACT Government (Towns), Qantas Airways Limited (Edwards & Waterhouse and Another), B & E Poultry/Young 8 Pty Ltd (Ferguson), Clanwilliam Health Pty Limited (Foboi), Navitas English Pty Ltd (Khayam).
March 19, 2018
TERMINATION OF EMPLOYMENT – high income threshold – ss.332, 382, 394 Fair Work Act 2009 – application for unfair dismissal – sum of the person’s annual rate of earnings and additional benefits – whether such other amounts added to the annual rate of earnings – private use of vehicle, petrol and tolls – Commission found applicant’s earnings exceeded the high income threshold – applicant not covered by a modern award or enterprise agreement – not a person protected from unfair dismissal – application dismissed. Maybury v Canterbury Trading P/L t/a Canterbury Sink & Tap
March 19, 2018
TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – decision at first instance found employee’s dismissal was harsh, unjust and unreasonable – majority judgment on appeal found Commission in first instance decision mischaracterised employee’s conduct as being at the lower end of scale – found Commission took into account irrelevant considerations and failed to consider relevant considerations – permission to appeal granted – appeal upheld – decision at first instance quashed – application remitted to Full Bench for determination. Appeal by Illawarra Coal Holdings P/L t/a South32 against decision of Riordan C of 3 November 2017 [[2017] FWC 4574] Re: Gosek
