MODERN AWARDS – 4 yearly review – ss.138, 139, 156 Fair Work Act 2009 – Full Bench – Full Bench required to consider a number of specific applications to either vary existing annualised wage arrangement provisions or to add new annualised wage arrangement provisions – four model clauses proposed to meet various circumstances – interested parties invited to make further submissions.
March 2, 2018
A flurry of unfair dismissal/labour dispute applications is lined up for a Friday hearing before the Fair Work Commission. The full list is: SC & GA Martin Pty Ltd (Jericho), Direct Freight Express (De Rosa), Australian Electoral Commission (Nemcic), Napolean Perdis Cosmetics Pty Ltd & Perdis and Another (Rosiello), Ichor Constructions Pty Ltd (Korakas), Scobel Pty Ltd ATF the S & I Trust (Cachia), Access Group Solutions Pty Ltd (Bull), Lindsay Australia Limited (Menzies), OM Civil Pty Ltd (Tilcock), Totally Aussie Security (Qld) Pty Ltd (Grooby, Pari), The Commonwealth Bank Group (El Kouzi), Heavy Duty Plumbing Pty Ltd (Koots), Welch Allyn Australia Pty Ltd (Keen), Wilpinjong Coal Pty Ltd (Lewis), Paterson Warnbro Pty Ltd ATFT Paterson Warnbro Trust (Loveridge), City of Rockingham (Reguero-Puente), Captain Choppers Pty (Mackie), Kaefer Integrated Services Pty Ltd (O’Donovan), Singapore Press Holdings Ltd (Feeney), Myer Pty Ltd (Wong), Clough Projects Pty Ltd (Wardle), Broadspectrum (Australia) Pty Ltd (Bishop), SAI Group of Business (SDubberlin), Bestbar (Vic) Pty Ltd (Sullivan), Om Civil Pty Ltd (Tilcock), Outcare Incorporated (Zanetic), Mr MD and Mrs SJ McInteer (Foster), Chase Commercial Pty Limited (Muscat), Clough Projects Pty Ltd (Wardle), Lindsay Australia Limited (Menzies), The Australia Capital Territory (Apineru, Terlich), Foot & Thai Massage Pty Ltd (Durado, Isugan), Clarendon Arms Pty Ltd (Werner).
March 1, 2018
The Fair Work Commission is over its late summer hiatus and is back to hear the merits of 26 unfair dismissal/labour dispute applications. The full list is: Bethshan Ministries Ltd (Boas), Mt Arthur Coal Pty Limited (Waters, Williams), Limpinwood Garden Nursery (Smith), GrainCorp Operations Ltd (Gallagher), Lion Pty Ltd (Burchill), Moxey Farms (Taylor), Luxo Living Administration Pty Ltd (Keegan), Hawkesbury Valley Meat Processors (Naqvi), Qantas Airways Ltd (Stainforth), Metropolitan Fire and Emergency Services Board (Duggan), Nestle Australia Limited (Wells), Rab’s Plumbing Pty Ltd (Lee), SafeRad SE Asia Pty Ltd (Smith), Mountain Trail Engineering Pty Ltd TF The Nicholas Edwards Family Trust (McLeod-James), Country Fire Authority (Bailey), Monash University (Proud), Foot & Thai Massage Pty Ltd (Durado, Isugan), Ingham’s Group Limited (Deng), Reed Corporation (Muller), Excelcare Australia Limited (Millar), Bunnings Toowoomba West (Walsh), Navitas English Pty Ltd (Khayam), Vater Corporation (Boyle), Workskill Australia (Easdale).
February 28, 2018
A barely perceptible list of applications is today seeking a hearing in the Fair Work Commission. The unfair dismissal/labour dispute list has four names: Department of Human Services (Ford), Rab’s Plumbing Pty Ltd (Lee), Transdev Melbourne Pty Ltd (Kothandan), Michael Laguzza (Lewis).
February 27, 2018
ILSC Brisbane Pty Ltd will defend a s.394 (Application for unfair dismissal remedy) before Fair Wirk Commissioner Johns in his Melbourne chambers (Chantiri).
February 23, 2018
Twenty-five applicants are queued for a Fair Work Commission hearing today. The list is: Illawarra Coal Pty Ltd (Inwood), The James Brown Memorial Trust (Braithwaite), ACN 165 180 503 Pty Ltd (McCulloch), DXC Technology Australia Pty Limited (Franz), Cunningham Lindsey Pty Ltd (Chang), Moansh University (Meaney), Wesfarmers Limited (Dark), BlueScope Steel Limited (Montgomery), Hertz Australia Pty Limited (Tham), Skilltech Consulting Services Pty Ltd (Booth), J.J. Richards & Sons Pty Ltd (Clough), Woolworths Group Limited (Odubona), Wormall Civil Pty Ltd (Sinclair), Zastam Pty Ltd ATFT Blick Dykstra Family Trust (Wilks), City of Armadale (Woodenberg), Spotless (Rosewarne), Singapore Press Holdings Ltd (Feeney), Tomaree Linen Hire (Pietsch), Woonona Bowling and Recreation Club Ltd (Jansen), Challenge Community Services (Rasmussen), WJ Pouw Pty Ltd (Baris), Consultel Solutions Pty Ltd (De Silva), Arnott’s Biscuits Limited (Gielis), Harrod (Miller, Deepinder).
February 23, 2018
TERMINATION OF EMPLOYMENT – extension of time – ss.365, 366, 604 Fair Work Act 2009 – appeal – Full Bench – Commission declined to grant extension of time to file general protections dismissal application – appellant filed application 43 days after 21 day time period – whether ‘exceptional circumstances’ to grant extension of time – Commission to take into account reasons for delay in determining ‘exceptional circumstances’ – Commission relied on Cheval Properties as authority appellant needed to provide a credible explanation for the entire period of delay – Full Bench found not a pre-condition to the grant of an extension of time that the applicant provide a credible explanation for the entire period of the delay – adoption of the decision rule in Cheval Properties amounted to an error of law – concluded that sufficient doubt as to warrant reconsideration on appeal – permission to appeal granted – appeal upheld – decision quashed – matter remitted to Harper-Greenwell C for rehearing. Appeal by Stogiannidis against decision of Platt C of 22 December 2017 [[2017] FWC 7013] Re: Victorian Frozen Foods Distributors P/L t/a Richmond Oysters
February 23, 2018
TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant’s employment terminated for misconduct following verbal altercations – respondent was small business – Small Business Fair Dismissal Code considered – Commission satisfied respondent complied with ‘Other Dismissal’ section of the Code by providing reason for dismissal – applicant received prior warning and opportunity to respond and rectify – not satisfied dismissal was harsh, unjust or unreasonable – application dismissed. Hart v Forex 1 P/L atf Trading Rental Trust
