Nineteen unfair dismissal/labour dispute applications are listed for hearing in the Fair Work Commission today. The list is: McDonald’s Australia (Vora), Woodside Energy Ltd (Stevenson), Woolworths (Singh), RNTT Pty Ltd (Obuchowski), Ftm Galston Pty Ltd (Douglas), German Shepherd World (Lambert), Polo Travel Pty Ltd (Pang), Toll Transport Pty Ltd (Dominello), Resource People Pty Ltd (McDonald), Denfords Civil Pty Ltd (Ames), Veem Ltd (Bolta), Jeremy Lawson P & D (Caughey), Barber Dollz Da Barber House (Rose), Peninsula Sports Academy (Taylor), Navitas English Pty Ltd (Khayam), Queensland University of Technology (Rose), People Care Pty Ltd (Sippel), The Trustee for K & A McCarthy Family Trust & The Trustee for Roma Accupuncture Trust (Wild), The James Brown Memorial Trust (Braithwaite).
January 16, 2018
A s.394 (Unfair dismissal) application by David Watt against ATF height safety solutions T/A MPL investments (wa) Pty Ltd has been rejected by Commissioner Bissett in Melbourne on 12 January 2018 because Watt failed to pay his application fee.
January 12, 2018
CASE PROCEDURES – correction of error – s.602 Fair Work Act 2009 – Fair Work Amendment (Transfer of Business) Act 2012 introduced copied State awards allowing state public sector employees transferred to a national system employer to retain existing award conditions – Annual Wage Review Decision 2016-17 outlined method for adjusting wages in copied State awards – wage increase applied to awards that were not subject to a state minimum wage decision that ‘commenced on and before 1 July 2016’ – the Community and Public Sector Union (CPSU) filed an application to correct purported error – CPSU proposed amendment to paragraph to read ‘commenced after 1 July 2016 and before 1 July 2017’ – Full Bench held that use of words ‘on and before 1 July 2016’ unintentionally precluded employees covered by copied State awards from full wage increase – order granted – Full Bench expressed provisional view that adjustments should apply to copied State awards an individual basis to prevent ‘double dipping’ – parties to provide submissions on provisional view in context of the 2017-18 Review proceedings. Annual Wage Review 2016-17
January 12, 2018
TERMINATION OF EMPLOYMENT – incapacity – s.394 Fair Work Act 2009 – unfair dismissal application – applicant employed as driver to Ambassador – applicant advised respondent that he could not drive long distances on medical grounds – Commission found applicant employed by respondent – found respondent dismissed applicant by informing him he was no longer required – found no valid reason for dismissal – ordered compensation of $USD8,500 less tax. Kenaway v The Embassy of the Republic of Iraq
January 12, 2018
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).
