TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.386, 392, 394 Fair Work Act 2009 – application for unfair dismissal – whether applicant resigned or dismissed at initiative of respondent – Commission found applicant resigned due to conduct of respondent but not forced to resign – respondent ended applicant’s employment in a manner materially different to terms on which he resigned – applicant dismissed within meaning of FW Act – no valid reason for dismissal – found dismissal harsh, unjust and unreasonable – $1,324.15 compensation ordered. Patterson v Re-Engage Youth Services Incorporated t/a Re-Engage Youth Services
January 12, 2018
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – second 4 yearly review due to commence as soon as practicable after 1 January 2018 – Statement issued on 11 December 2017 [[2017] FWC 6623] – provisional view that second review not commence until first review complete – parties invited to make submissions – all parties who responded agreed with provisional view – second 4 yearly review not to commence until current review completed and parties have opportunity to consider how the modern awards are operating in practice. 4 yearly review of modern awards
January 12, 2018
The unfair dismissal/employment dispute lawlist for today is: BlueScope Steel Limited (Rodriguez), Aurrum Pty Ltd (Collins), Max Brenner Australia Pty Ltd (Hammon), Anglican Community Services (Natoli), Hills Airport Shuttle Pty Ltd (Ruzdic), Bupa Aged Care Australia Pty Ltd (McDougall), Australian Security and Investment Commission (Srivastava), N & O Pty Ltd (Phillips), Superior Care Group Pty Ltd (Dewar), Barrier Reef Pools (Qld) Pty Ltd (Duck), Cash Converters International Ltd (Sekuloski), Termicide Pest Control Pty Ltd ATF Termicide Pest Control), Australian HoemCare Services Pty Ltd (Fernando), Thomas Foods International (Murray Bridge Division) (Napier), Teys Australia Central Qld Pty Ltd (Lawrence), Pialba Smash Repairs Pty LTd (Horwath), The Star Entertainment Qld Limited & Phipps and Others (Purins), Origin Energy Limited (Gnanaseelan), Darebin Community Legal Centre Inc (“DCLCC”) (McBride).
January 11, 2018
The Fair Work Commission has thirty-nine unfair dismissal/labour dispute applications listed for adjudication today. The applications/respondents include: ICC Sydney Pty Ltd (Dromey), Jasaj Pty Ltd (Elazzi, Bosquet), D’Aquino’s Payroll Trust (Fallon), J.L. Footwear Pty Ltd (Misoyannis), Alstom Transport Australia Pty Ltd (Amio), Meridian Lawyers (Hanrick), The Jewellery Group (Miles), About Life Pty Ltd (Ahmed), Eltham South Preschool Association Incorporated (Wickham), CSL Behring (Australia) Pty Ltd (Zanon), MSS Security Pty Ltd (Igini), Victorian PetFood Processors (Inguanti), Court Services Victoria (Covich), Macfarlane Generators Pty Ltd (John), The Trustee for K & A McCarthy Family Trust & The Trustee for Roma Acupuncture Trust (Wild), People Care Pty Ltd (Sippel), ASHT Pty Ltd (Wills), Lighthouse Disability (Hudson), AAT Kings Coach Company Pty Ltd (MacKenzie), BPL Adelaide Pty Limited (Trakas), South Australian Water Corporation (Vournas), Woolworths (Singh), Regional Express Holdings Limited (Holaj), Before and After School Care (Singh), YJS (Qld) Pty Ltd & Salisbury (Buliga), Highland Pine Products Pty Ltd (Hawkins), Roshana Pty Ltd ATF the C&J Trust & Burswood Care Pty Ltd ATF the Roshana Family Trust and Others (Alahakoon), Fresh Cheese Co (Aust) Pty Ltd (Condello), Hertz Australia Pty Limited (Tham), Al-Hussain Pty Ltd (Ahmed), ACT Corrective Services (McCulloch), The Australian Capital Territory (Jaksa), Middlemount Coal Pty Ltd (Duffell), St Vincent’s Private Hospitals Ltd (Bolitho & Castles and Others), TRG Administration Pty Ltd (Ward), Mackay Christian Colleges Ltd (Morrison), Baiada Poultry Australia (Trakas), Chandler MacLeod (Trakas).
January 10, 2018
Today’s lawlist includes: National Rugby League Limited (James), QF Cabin Crew Australia Pty Limited (Urso), ARL Laboratory Services (Zaidi), Anglican Community Services (Natoli), QBE Management Services Pty Ltd (Greenhill), Local Trade Specialist Group Pty Ltd (Bennett), Cathay Pacific Airways Limited (Marshall), Auto Loans Group Pty Ltd (Taylor), The Agricultural Bank of China, Sydney Branch (Ding), United – Spanish Latin American Welfare Centre (Savinelli), Amber Aviation Academy Pty Ltd (Agarev), Seeley International Pty Ltd (Chant), Pilbara Iron Company (Services) Pty Ltd (Ballam), The Australian Capital Territory (Apineru), Garry Crick’s (Nambour) Pty Ltd as The Trustee for Crick Unit Trust (Parker), Lifestyle Solutions (Aust) Ltd (Collins), HM (Aust) Franchising Pty Ltd (Feldmann), Baiada Poultry Australia (Trakas), Chandler MacLeod (Trakas).
January 9, 2018
The Fair Work Commission is slowly cranking up the unfair dismissal/employment dispute workload for 2018. The cases for determination include: Coffee at Kellys (Hoy), Thiess Pty Ltd (Connor), Tasmanian Networks Pty Ltd (Tudor), VMH Service’s Unit Trust (Basman), Brand Dermatology Pty Ltd (Ralph), Thomas Foods International Murray Bridge Pty Ltd (Gibson), Games Workshop Oz Pty Ltd (Bennett), Resilience Solutions Pty Ltd (Major), Transcorp Australia Pty Ltd (Koenigsmann), Greatwall Tourist Resort Pty Ltd (Page), Country Fire Authority (Roberts), High Five Pizza Pty Ltd (Azad), Advanced Dental Care Group Pty Ltd (Parker), Spotless Services (Australia) Ltd (Swaine), Just Wrecking Toyota (Korosec), Logito Pty Ltd atf Logito Unit Trust (Yunqing), Composite Industries Group Pty Ltd (Chan).
January 9, 2018
CASE PROCEDURES – appeals – Registered Organisations Commission – s.604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal by Australian Municipal, Administrative, Clerical and Services Union (ASU) against decision of delegate – at first instance delegate declined to allow late lodgment of prescribed information under s.189(2) of the Fair Work (Registered Organisations) Act 2009 (Cth) rendering ASU liable for a civil penalty – grounds for appeal included that delegate’s conclusion rendered ASU liable for civil penalty and that delegate erred in refusing to grant extension – Full Bench found that delegate’s decision not to allow a later date for lodgment an appealable error – permission to appeal granted – appeal upheld – decision of delegate to refuse to allow later date for lodgment of prescribed information quashed. Appeal by Australian Municipal, Administrative, Clerical and Services Union against decision of delegate of Registered Organisations Commissioner of 18 July 2017 [[2017] ROCD 41] Re: Registered Organisations Commission
January 9, 2018
TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission determined the summary dismissal of the employee was not consistent with the Small Business Fair Dismissal Code (Code) – serious misconduct – 19 appeal grounds – only three considered – arguable case of error established – permission to appeal granted – Ryman considered – Full Bench found Commission fell into error – appeal upheld – decision at first instance quashed – question whether appellant complied with the Code remitted to another member. Appeal by Grandbridge Limited against decision of Binet DP of 14 July 2017 [[2017] FWC 2363] Re: Wiburd
