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
January 9, 2018
INDUSTRIAL ACTION – order against industrial action – s.418 Fair Work Act 2009 – application for order to stop industrial action – whether industrial action taken between the date an agreement is voted up by a majority of employees and the date the Commission considers whether to approve the agreement is protected industrial action – found employer directly affected by industrial action – did not consider FW Act permits industrial action to be protected once an enterprise agreement has been voted upon and is subject of an approval application – does not consider period of protected action extends until an agreement, even if made, is approved – found industrial action to be unprotected industrial action – order made. Adelaide Independent Glass P/L v Construction, Forestry, Mining and Energy Union
January 9, 2018
TERMINATION OF EMPLOYMENT – casual – contract for specific task – labour hire – s.394 Fair Work Act 2009 – unfair dismissal application – objection that applicant was a casual employee with no reasonable expectation of continuing employment – applicant employed for specified task which came to an end – Commission found applicant employed on a regular and systematic basis – had an expectation that employment would continue – contract for specified task must be clear and predictable as to when the task will be completed – no evidence applicant’s contract of employment was limited so it would come to an end on the completion of one or more tasks – satisfied applicant not under contract for a specified task – followed that contract of employment could not ‘simply come to an end’ once the specified task was completed – jurisdictional objection dismissed. Smith v Goldfields People Hire P/L atf Goldfields People Hire Trust t/a GPH Recruitment
January 9, 2018
As the Christmas break closes in on the Fair Work Commissioners, twenty unfair dismissal/employment dispute applications remain to be cleared from the lists. The cases are: Citywide Service Solutions Pty Ltd (Forlonge), Essential Energy (Campbell, Fitzgerald, Weekley), Carrington Aged Care (Duncan), Association of the Franciscan Order of Friars Minor (Frost), Kinderoos Group Pty Ltd (Witaarsari), Renovatex Pty Ltd (Connell), Campaspe Shire Council (Aldous), Northern Territory of Australia (Clarke), Sportsco Corporate Pty Ltd (Kazacos), G4S Custodial Services Pty Ltd (Lee), City of Kingston (Ayres), Caltex Refineries (Qld) Pty Ltd (Stanes), Regis Aged Care Pty Ltd (Bernasconi), The Uniting Church in Australia Property Trust (Q) (Kolobius), Casinos Austria International (Henry), TRG Administration Pty Ltd (Ward), WesTrac Pty Ltd (Mwango), Two Wells Community Children’s Centre (Martin).
January 9, 2018
Twenty-one unfair dismissal/labour dispute applications will be heard by the Fair Work Commission. The full list is: Games Workshop Oz Pty Ltd (Bennett), Westpac banking Corporation (Lecaude), S&L Lenz Pty Ltd (Rutland), Just Eat (Buttel), National Critical Care and Trauma Response Centre (Fawcett), Melbourne Water Corporation (Keshishian), CSL Behring (Australia) Pty Ltd (Zanon), Apricus Solar (Bugden), Ambulance Victoria (Petrasek), Lindsay Australia Limited (Menzies), Australian Taxation Officer (Nisha), Linfox Australia Pty Ltd (Howell), G A Quality Chickens (Kay), The Australian Capital Territory (Terlich), Digital Fox Pty Ltd (Gambling), Olympus Medical Centre (Brisbane City) Pty Ltd (Cantwell), SDA Schools (North NSW) Ltd (Carey), Toukay Enterprise Pty Ltd AFT (Portolesi), AAT Kings Coach Company Pty Ltd (MacKenzie), Spotless Services (Australia) Ltd (Swaine), Just Wrecking Toyota (Korosec).
