The Fair Work Commission will hear twenty-three unfair dismissal/labour dispute applications today. The lawlist is: Presbyterian Aged Care (Hemingway), HM (Aust) Franchising Pty Ltd (Feldmann), Cicerellos Employment Services (Allen), Veem Ltd (Bolta), The Star Pty Limited (Cintana), Sydney Trains (Perera), Gloucester Soldiers Club Pty Ltd (Yardy), PricewaterhouseCoopers (Dugtong), Ironbay Pty Ltd (Seitz), Cash in Transit Pty Ltd (Sapienza), Little Moreton Pty Ltd (Rayner), Outcare Incorporated (Kickett), Metro Resources (Ferry), Buick Holdings (Grljusich), Bridgeast Pty Ltd (Mcghee), The Trustee for The Nemco Aboriginal Charitable Trust (Rodrigues), MyState Bank (Richards), TCIG Holdings Pty Ltd (Donnelly), Corval Pty Ltd & Conga Foods Pty Ltd (Kruk), Cicerellos Employment Services (Allen), Multistore Industries (Aust) Pty Ltd (Hull), Compass Group (Australia) Pty Ltd (Kapeli), Coffee at Kellys (Hoy).
January 19, 2018
ENTERPRISE AGREEMENTS – better off overall test – ss.185, 186, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision to approve the AAA Pet Resort Enterprise Agreement 2017 – appellant submitted Commission erred in concluding employees to whom the agreement would apply if approved were not covered by a modern award – appellant submitted employees actually covered by Miscellaneous Award 2010 (Award) and that better off overall test (BOOT) not conducted – respondent submitted appellant lacked standing – respondent submitted Award did not cover pet boarding enterprises because industry traditionally award free (clause 4.2 of Award) – Full Bench satisfied appellant had standing – satisfied Commission erred in finding the Award did not cover employees and in not conducting BOOT – decision quashed and remitted to Commission for re-determination. Appeal by United Voice against decision of Wilson C of 16 August 2017 [[2017] FWCA 4283] Re: Gold Coast Kennels Discretionary Trust t/a AAA Pet Resort
January 19, 2018
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to Commission to deal with dispute under the Victorian Government Schools Agreement 2013 and the Victorian Government Schools Agreement 2017 – respondent claimed that the Commission did not have jurisdiction to deal with the dispute pursuant to the 2013 Agreement because it had ceased to operate – claimed the Commission does not have jurisdiction to deal with the dispute pursuant to the 2017 Agreement as the steps in the dispute settlement procedure were not complied with – Commission considered Stephenson – found mandatory steps provided for in dispute settlement procedure contained in the 2017 Agreement not complied with – dispute not properly before the Commission – found no jurisdiction to hear dispute – application dismissed. Freeman v State of Victoria [Department of Education & Training] t/a Department of Education & Training
January 19, 2018
CASE PROCEDURES – evidence – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – appeal of decision in unfair dismissal matter – appeal included grounds asserting error in two related decisions – permission to appeal granted in relation to decision to admit evidence made to Trade Union Royal Commission – permission to appeal decision not to refer admissibility issue to Full Bench refused – Full Bench considered question of whether Fair Work Commission (Commission) is a court – found that Commission is not a ‘court’ for the purposes of the Royal Commissions Act 1902 (Cth) – as such no statutory bar to admit evidence from Royal Commission – no error with decision to admit evidence from Royal Commission – permission refused on other grounds of appeal. Appeal by Belan against decisions of Dean DP of 29 November 2016 [[2016] FWC 8538] and 19 October 2017 [[2017] FWC 5027] and decision of Ross J of 11 November 2016 [[2016] FWC 8125] Re: National Union of Workers-New South Wales Branch
January 19, 2018
REGISTERED ORGANISATIONS – records and accounts – assets and liabilities – s.152(2) Fair Work (Registered Organisations) Act 2009 – assets and liabilities agreement made by Independent Education Union of Australia with the state registered Independent Education Union (South Australia) – appropriate form used – satisfied the agreement was in accordance with rules of both organisations and agreement not contrary to Parliament’s intention – agreement between the parties will come into force once entered into register by the General Manager. Independent Education Union of Australia
January 18, 2018
Another lightweight day in the portals of the Fair Work Commission. The 18 unfair dismissal/labour dispute applications are: Bupa Aged Care Australia Pty Ltd (Tavassoli), NRS Media (Australia) Pty Ltd (Symons), Scobel Pty Ltd ATF the S&I Trust (Cachia), Downer EDI Engineering Electrical Pty Ltd (Clack), Baker Hughes Australia Pty Limited (Manescu), Harvest Freshcuts Pty Ltd (Huneau), Resilience Solutions Pty Ltd (Major), Ambulance Victoria (Wilkinson), Coles Supermarkets Australia Pty Ltd (Ridwan), Auto Loans Group Pty Ltd (Taylor), Hydro-Electric Corporation (Playle), Huilong Agro Chemicals Australia Pty Ltd (Zhu), Multishore Industries (Aust) Pty Ltd (Hull), Revolution Roofing (Howard), Rembrandt Living (Kerkemeyer), Rew Bros Pty Ltd (Mabil), 3Boys Ptd ATF Hoey Moey Unit Trust (Fallon), Kinda Kapers (Stewart).
January 17, 2018
Eighteen unfair dismissal/labour dispute applications are listed for hearing in the Fair Work Commission today: Seeley International Pty Ltd (Chant), Broadspectrum (Australia) Pty Ltd (Weldon), Catholic Schools Office Wagga Wagga (Roche), Trustees of Edmund Rice Education Australia (Hailes), Fertilefields Holdings Pty Ltd (Lu), Resilience Solutions Pty Ltd (Major), Bechtel (Western Australia) Pty Ltd (Huck), Hertz Australia Pty Limited (Tham), Ambulance Victorai (Willis), Country Fire Authority Victoria (Harris, Roberts, Wright), BJP Laboratories Pty Ltd (Brown), Mackay Real Estate Pty Ltd (Molineux), Cardno Construction Sciences (Abrahams), Hanson Construction Materials Pty Ltd (Pericich), Kittai Pte Ltd (Keenan), Auto Loans Group Pty Ltd (Taylor).
January 16, 2018
A mere ten unfair dismissal/labour dispute applications are listed for hearing in the Fair Work Commission today. The full list is: CFC Employment Trust (Carberry), Department of Justice and Regulation (Chand), tasmanian Networks Pty Ltd (Tudor), EPI-USE Australia Pty Ltd & Potash and Others (Downey), Jetcrete Oz Pty Ltd (O’Donnell), Deepwater Farming Company Pty Ltd (Australian Private Company)(Morgan), Seeley International Pty Ltd (Chant), University of New South Wales (Liu), Police Citizens Youth Clubs NSW Ltd (Stewart), NSW Trains (De Giusti).
