ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – workplace determination – s.739 Fair Work Act 2009 – application to deal with a dispute under the Essential Energy Work Place Determination 2016 – electrical generation and supply – proposal to introduce a Work Capacity Assessment Procedure – direction to attend medical assessment – whether Procedure should apply to employees ‘who work on or near the network’ – principles of reasonable direction – directions to attend medical assessment lawful and reasonable – found procedure not unreasonable, unfair, vindictive or discriminatory – correct balance between employer’s obligations and employee protections – recommendation that employees who work on or near the network cooperate with employer in respect to implementation of the Procedure – dispute determined. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy
February 23, 2018
TERMINATION OF EMPLOYMENT – incapacity – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – Commission found at first instance that employee’s dismissal was harsh and ordered reinstatement – employee was dismissed due to incapacity to perform pre-illness duties – appellant argued that a tension existed between Commission’s consideration of Jetstar and Lion Diary – Full Bench agreed that there was a tension between Jetstar and Lion Diary – found Commission erred in adoption of approach in Lion Diary at first instance – found approach in Jetstar appropriate – appeal upheld and decision and order at first instance quashed – matter remitted for rehearing. Appeal by CSL Limited t/a CSL Behring against decision of Ryan C of 6 November 2017 [[2017] FWC 5740] Re: Papaioannou
February 22, 2018
Aged care dominates today’s unfair dismissal/contract dispute application list. The hearing applications include: Uniting NSW/ACT (Sulovsky), The Whole Box n Dice (Hall), Port Authority of New South Wales (Ansell), Nelmeer Ashfield Pty Ltd ATf Nelmeet Ashfield Trading Trust (Richardson), Packcentre Marketing Pty Ltd (Turner), ELB Pty Ltd (Cheek), 3D Scaffolding (Trialonas), QF Cabin Crew Australia Pty Limited (Urso), D’ Aquino Payroll Pty Ltd atf the D’ Aquino’s Payroll Trust (Fallon), Tronox Management Pty Ltd (Christensen), Sydney Trains (Mistry), Compass Group (Australia) Pty Ltd (Henderson), Agapi Care Inc (Liolios), Neirbo Real Estate Pty Ltd (Maglovski), Health Axis Pty Ltd (Kot), Linfox Australia Pty Ltd (Howell), Coles Supermarket Aust Pty Ltd (Della Sabina-Sgroi), A’Vard Industries Pty Ltd (Dziurek), Flintstones Garden Supply Centre Pty Ltd (Hall), Transport Safety Victoria, Department of Economic Development, Jobs, Transport and Resources (Formerly Department of Transport and Department of Transport, Planning and Infrastructure) (Jurecek), The Trustee for Deloitte Services Trust (Ransley), Australian Indigenous Agribusiness Company Pty Ltd (Towsend), Balance! Edmonton Family Practice Pty Ltd (Young), EPFS Holdings Pty Ltd (Johnstone), Tronox Management Pty Ltd (Christensen), OzCare (Gillis), Toukay Enterprises Pty Ltd AFT (Portolesi).
February 22, 2018
A diminishing list of unfair dismissal/contract dispute applications remains to be heard by the Fair Work Commission. The list is: Hall Industries Australia Pty Ltd (Zotti), Anglican Community Services (Natoli), Linfox Armaguard Pty Ltd (Jarmain), Randstand Pty Limited (Weldon), Scotch College (Wood), WhitayLee & Sons Pty Ltd (Dakin), City of Stirling (Emery), Flinders Island Meat Pty Ltd (Scott), L.M Robertson & P.F. Robertson (Rohrlach), Bunnings Group Limited (Dawson), Mount Isa Mines Limited (Miller), Energy Queensland Limited (Ward), Wicked Fabrications Pty Ltd (Price), Kucks Farming Company Pty Ltd (Reedy), The trustee for Ritson Family Trust (Townsend), Lighthouse Disability (Hudson), Utilities Management Pty Ltd (Brar).
February 21, 2018
Twenty unfair dismissal/labour dispute applications await a determination from Fair Work Commissioners. The list is: Estia Investments Pty Ltd (Percy), Synergy Scaffolding Services Pty Ltd (Sheppard, Ututaonga), Spinifex Australia Pty Ltd (Tait), National Institute of Dramatic Art (Watts), Australian Broadcasting Corporation (McDermott), Chemistworks Wetherill Park Pty Ltd & Bronger (Agostino), HT Bawden (NSW) Pty Ltd (Lindsay), Foodlink Australia Pty Ltd (Mohammed), Arnott’s Biscuits Limited (Gielis), R J Upholstery (Pickering), Epworth Foundation (Berkhout), Neirbo Real Estate Pty Ltd (Maglovski), Commonwealth Scientific and Industrial Research Organisation (Stringfellow), NEC Australia Pty Ltd (Shearer), The Smith’s Snackfood Company Ltd (Haku), Sidney Harrison Pty Ltd (Crispe), UGL Operations and Maintenance (Winder), Australian Electoral Commission (Nemcic), ASHT Pty Ltd (Wills).
February 20, 2018
Nineteen applications are queued for hearing in the fair Work Commission. The unfair dismissal/labour dispute list is: Aurrum (Kincumber) Pty Ltd (Geary), The GEO Group Australia Pty Ltd (Reihana, Reilly), Alphaeus Hair Salon (Morris), Uber (Hinde), MG Medical Group Pty Ltd (Crowe), Beacon Products Pty Ltd (Rojas), Birkgrove Pty Ltd (Eaton), BlueCross Community Care Services Group Pty Ltd (Lekay), Windoware Pty Ltd (Tran), Trade Fair @ Falls Creek (Seaver), Golf WOrld (Qld) Pty Ltd (Nowland), WorkPac Pty Ltd (Teakle), Kmart Australia Ltd & Kmart Australia Limited (Doolan), Thomas Direct Ltd (Gray), Serco Immigration Services (Collins), Rainbow Bay Surf Lifesaving Supporters Club (Holland), Cash in Transit Pty Ltd (Pool), EIG Cash & Carry (Newcastle) Pty Ltd (Holm).
February 20, 2018
A queue of 24 applicants is awaiting the processing of their unfair dismissal/labour dispute claims. The full list is: Norco Co-operative Limited (Moras), EIG Cash & Carry (Newcastle) Pty Ltd (Holm), The Trustee for Davis Family Trust (Lawrence), Premier Motor Service Pty Ltd (Barnes), JBS Australia Pty Ltd (Blyth), Roadtek (Lisle), Anglican Community Services (Natoli), Roy Hill Operations Pty Ltd (Butcher), Country Fire Authority (Bailey), Ambulance Victoria (Miller), The Royal Children’s Hospital (Duckham), Quality Blow Moulders (Aust) P/L (Zhou), Commonwealth Scientific and Industrial Research Organisation (CSIRO) (Gregory), Metro resources (Ferry), Broadspectrum (Australia) Pty Ltd [formerly Transfield Services (Australia) Pty Ltd] (Sheldon-Collins), McHatton Training and Consultants (Smallwood), SRT Logistics (Brent), The Trustee for UMI Canberra Unit Trust & Wheeler and Another (Fernon), Energy Queensland Limited (Ward), ALDI Stores (A Limited Partnership) (Nicol), Hampton Swim School Pty Ltd & Sadler (King), Vater Corporation (Boyle), Healthcare Australia Pty Ltd (Short), Minda Incorporated (Osborne).
February 20, 2018
The week starts with a backlog of twenty-nine unfair dismissal labour dispute applicants in the queue for a Fair Work Commission hearing. The list is: Venue Cafe and Bar (Layzell), Go Nadia Pty Ltd (Bevins), United Protestant Association of NSW Ltd (Grabovsky), Quad Cleaning Services Pty Ltd (Hamal), Assetlink Services Pty Ltd (Carroll), Tyro Payments Ltd (Ignatova), Access Group Solutions Pty Ltd (Bull), Menzies Property Services Pty Ltd (Mathai), The Mai Wel Group (Connolley), Arnott’s Biscuits Limited (Gielis), Western Freight Management Pty Ltd (Livingstone), Kaefer Integrated Services Pty Ltd (O’Donovan), Dandenong Workers Social Club (Paulsen), G.J. & K Facility Services Pty Ltd (Dahoud), Urban Pedaler (Miller), Patrick Projects Pty Ltd (King), Broadspectrum Pty Ltd (Hill), Deakin University Health Service – Warun Ponds (Mazza), Akron Group NT (Lewis), Sakeena’s Cafe Weston (Beck), North Sheridan Pty Ltd (Lindsay), The Smith’s Snackfood Company Ltd (Haku), Pohlmans Nursery (Bergmann), Rolling Surf Resort (Veitch), Spotless Facility Services Pty Ltd (Bailey), Credit Corporation Credit Finance Pty Ltd & Credit Corp Group Limited (Reardon), Tey’s Australia Naracoorte Pty Ltd (Bonney), Norco Co-Operative Limited (Moras), Sunset Power International Pty Ltd & Morris (Winn).
