TERMINATION OF EMPLOYMENT – high income threshold – ss.394, 400, 604 – permission to appeal – Full Bench – at first instance the appellant submitted that the employee’s remuneration exceeded the high income threshold – Commission found the employee was covered by the Linfox Australia (Bulk Petroleum) Agreement 2014 – grounds of appeal included that the Commission erred in misapplying relevant principles in Berri when interpreting the Agreement; and erred by finding the agreement applied to the employee notwithstanding the was no classification structure that could be relevant to the job performed – Full Bench not satisfied granting permission in the public interest – found appellant had not established an arguable case of error or that there were any other considerations that warranted granting of permission – permission to appeal refused. Appeal by Linfox Australia P/L against decision of Gooley DP of 15 November 2017 [[2017] FWC 5995] Re: Howell
February 8, 2018
A s.185 (Enterprise Agreement) application by Safe Work Laboratories Proprietary Ltd for its Safe Work Laboratories Drug and Alcohol Technician Enterprise Agreement 2017 has been granted by Deputy President Masson in Melbourne on 31 January 2018.
February 8, 2018
Seventeen unfair dismissal/labour dispute applications await processing by the Fair Work Commission. The list is: McDonald’s Australia (Vora), Park House Hotel (Mckechnie), Johnny’s Tyre Service (Smith), Emmanuel College Inc (Crevola), Compass Cleaning (Rohrbach), Linfox Australia Pty Ltd (Howell), Royal Melbourne Institute of Technology (Davies), Business Risks International Pty Ltd (Baker), Esso Australia Pty Ltd (Gelagotis, Hatwell), EidosMedia Pty Ltd (Bordogna), Van Rensburg Nominees Pty Ltd (Thompson), Community Development Services Inc (Mitchell), Revolution Roofing (Howard), Australia Postal Corporation (Sambastian), BPL Adelaide Pty Limited (Trakas), Ready Workforce (A Division of Chandler MacLeod) Pty Ltd (Trakas).
February 7, 2018
The avalanche of new unfair dismissal/labour dispute claims continues to queue at the Fair Work Commission. The list today is: Tey’s Australia Naracoorte Pty Ltd (Bonney), Kee Family Trust (Hyde), 3Boys Ptd ATF Hoey Moey Unit Trust (Fallon), National Institute of Dramatic Art (Watts), Essential Energy (Campbell, Fitzgerald, Weekley), Furniture Galore Pty Ltd (Anadoli), UGL Rail Services Pty Ltd (Williams), Wabesound Pty Ltd (Aberin), Randstand Pty Limited (Weldon), Citic Pacific Mining Management Pty Ltd (De Asis), Fraser’s Restaurant Group (Larsen), Goldbreak Holdings Pty Ltd (Veeraragoo), Royal Flying Doctor Service of Australia (Western Operations (Fischer, Pepper, Pers, Testi), Valspar paint (Australia) Pty Ltd (Brodie), MSS Security Pty Ltd (Findley), CSL Behring (Australia) Pty Ltd (Zanon), KDR Victoria Pty Ltd (Thomas), State Revenue Office (Tucker), Jemena Asset Management Pty Ltd (Demosthenous), Austin Health (Jones, Mitrevska), Wilmar Sugar Pty Ltd (Galbraith), Liquorland (Australia) Pty Ltd (Bellini), Gourmet Gardens (Geragotelis), BHP Coal Pty Ltd (Bolitho).
February 6, 2018
The unfair dismissal/contract breach application list in the Fair Work Commission is rapidly growing. The 34 applications on today’s list are: ASL Industrial (Baggs), Ngunya Jarjum Aboriginal Child & Family Inc. (Cain), Boral Cement Ltd (Hawkins), Monadelphous Engineering Associates Pty Ltd (Reeve), Boral Cement Ltd (Moore), Woolworths Group Limited (Pearse), Essendon Hair Make Up (Cardamone), Singapore Airlines Limited (Choukrallah-Kazemi), Department of Agriculture and Water Resources (Villiere), Artkal Trading Pty Ltd (Georgakakis), Akon Group NT (Lewis), Shorelands Pastoral Company Pty Ltd (Beckett), Compass Group (Australia) Pty Ltd (Lomas), All Tools Pakenham Pty Ltd (Campbell), Link Health and Community (Rhodes), Macquarie Bank Limited (Rizos), Wood Group PSN Australia Pty Ltd & Esso Australia Pty Ltd (Jones), Alexandra House Sports Club (Rees), Cabrini Health Limited (Velasquez), BPL Adelaide Pty Limited (Trakas), Federation Training (Sheehan), G4S Custodial Services Pty Ltd (Lee), Victorian Frozen Foods Distributors Pty Ltd (Stogiannidis), Harclaw Pty Ltd (Allen), tasmanian Networks Pty Ltd (Tudor), Rail Industry Safety & Standards Board (Bonnar), Kennedy Projects Group Pty Ltd & Kennedy (Brouwer), GNRE Pty Ltd ATG Griffin Trust (Wright), ARL Laboratory Services (Zaidi), Village Roadshow Theme Parks Pty Ltd (Stewart), Salem Lutheran Aged Care Facility (Mendijinon), LD&D Milk Pty Ltd (Goodwin), Ready Workforce (A Division of Chandler MacLeod) Pty Ltd (Trakas), South Australian Water Corporation (Vournas).
February 6, 2018
The s.394 (Application for unfair dismissal remedy) sought by Ronald Law against Linehan Enterprises Pty Ltd T/A Service Assist has been refused by Fair Work Deputy President Gostencnik in Melbourne on 5 February 2018.
February 5, 2018
The unfair dismissal/labour dispute application list in the Fair Work Commission is starting to expand as the new year unfolds. The list for today includes: Aurizon Holdings Pty Ltd (Lanyon), ResMed Limited (Yen), Pestserv Pty Ltd (Couper), FreshFood Management Services Pty Ltd (Puvvula), Napolean Perdis Cosmetics Pty Ltd & Perdis and Another (Rosiello), realestate.com.au Pty Ltd (Blake), St John of God Health Care (Franklin), LogicalTech Technologies Pty Ltd (Kosmynin), Visy Board Pty Ltd (Ahmadyar. Rustemovski), Morris Corp (A Division of Sodexo), CSL Limited (Papaioannou), Risk Management and Safety Systems Pty Ltd (Scawthorn), EBC Leisure Pty Ltd (Woolnough), Telstra Corporation Limited (Milonas), TLC Aged Care (Seneviratne), The Richmond Fellowship of Tasmania Incorporated (Ohia, Watkins), Qantas Airways Limited (Gigney), Dutel Pty Ltd (King), DXC Technology Australia Pty Limited (Franz), Forex 1 Pty Ltd ATF Trading Rental Trust (Hart)
February 5, 2018
Risk Management and Safety Systems Pty Ltd has a s.394 (Application for unfair dismissal remedy) with which it must deal today (10am) before Fair Work Commissioner McKinnon in his Melbourne chambers (Scawthorn).
