Twenty-six unfair dismissal/labour dispute applications are listed for hearing today in the Fair Work Commission. The full list is: Whytehall Shopfitters Pty Ltd (Banwell), South West Community Transport Inc (Cameron), The Oolong Aboriginal Corporation (Longbottom), BlueScope Steel Limited (Rodriguez), Cleaning Wizard Australia Pty Ltd (Brough), Anglicare (Chand), Infosys Management Consulting Pty Ltd (Terrey-Ocock), Woolworths (Ghandour), Tricare Pty Ltd (Harper), Whytehall Shopfitters Pty Ltd (Banwell), Plumbing Detectives Pty Ltd (Allen, Terry), St John of God Health Care (Franklin), Royal Melbourne Institute of Technology (Farrell). Sirius People Pty Ltd (Fergusson), Latrobe Community Health Service Ltd (Caldwell), Penfold Motors Burwood Pty Ltd (Maluccio), A-Dec Trading Company Inc (Towns), The Islamic Society of Victoria Inc (Abou-Eid), Department of Human Services (McAndrew), VisAustralia (International) Pty (Watt), Compass Group Healthcare Hospitality Services Pty Ltd (Haberland), Australian Capital Territory (Carn), MSS Security (Qld) Pty Ltd (Andrews), Ngoonbi Community Services Indigenous Corporation (Quartermaine), Foxtel Management Pty Ltd (Webber).
December 13, 2017
Normal listing levels have been restored in the Fair Work Commission. Twenty-seven unfair dismissal/labour dispute applications will be heard today. The full list is: The Trustee for The ARC Unit Trust (Edwards), Griffith University (Brotchie), Andersens Tweed Heads (Bond), Blue Care & Smith and Others (Brady), Travel Money Currency Exchange Pty Ltd (Robinson), Rockys Tree Service (Ward), Serendipity(WA) Pty Ltd (Ibbetson), Australian Capital Territory as represented by the Health Directorate (Radulovic), The Islamic Society of Victoria Inc (Abou-Eid), Metropolitan Express Transport Services Pty Ltd (Jones), Fujitsu Australia Ltd & Walsh and Others (McCormack), Department of Justice and Regulation (Mitchell), Essential Energy (Campbell, Fitzgerald, Weekley), Monash Health (Nowoweiski), G4S Custodial Services Pty Ltd (Lee), City of Stirling (Emery), Selwood and Reid (Skipworth), Sydney Water Corporation (Barbu), Commonwealth Bank of Australia (Walker), German Shepherd World (Lambert), Taylor Construction Group Pty Ltd & Wickham and Another (Lorigan), Wahroonga Pty Ltd (Radovan), Cowra Tyre & Brake Centre Pty Limited (Davis), Little Learning School (Li), Star Track Express Pty Ltd (Dagaga).
December 12, 2017
The four yearly review of modern awards has reduced the unfair dismissal caseload. The Fair Work Commissioners only have fifteen applications to be heard today. The full list of unfair dismissal/employment dispute applications involves: Minimbah Challenge Incorporated (Sesay), West Wimmera Health Service (Borgelt), Wodonga TAFE (Rattray), Emergency Services Telecommunications Authority (Rae, De Lany), Esso Australia Pty Ltd (Bennett, Derham, Gelagotis, Hatwell), Linfox Australia Pty Ltd (Giordano), The Islamic Society of Victoria Inc (Abou-Eid), Olsson-AG Pty Ltd (Powell), AECOM Australia Pty Ltd & Hogarth (Drews), Queensland University of Technology (Rose), Serendipity (WA) Pty Ltd (Ibbetson).
December 11, 2017
The Fair Work Commissioners face a busy day with forty-eight unfair dismissal and labour dispute applications listed for hearing. The caseload includes: Singapore Airlines Limited (Choukrallah-Kazemi), Sydney Night Patrol and Inquiry Co Pty Ltd (Arslan), Tricare Pty Ltd (Harper), Amtek Corporation Pty Ltd (Young), Queensland Nurses and Midwives’ Union of Employees (Taylor), Commissioner for Public Employment (Chatham), Serendipity(WA) Pty Ltd (Ibbetson), Glencore – Mount Isa Mines (Miller), Queensland Bulk Water Supply Authority (Brewer), Atomix Design Pty Ltd (Stewart), Girl Guides South Australia Inc (Agostino), C.K. Jelsma & J Jelsma (Scanes), Bushland Health Group Ltd (Mitchell), Hanson Construction Materials Pty Ltd (Kos), Sydney International Container Terminals Pty Limited (Colwell). Johnny’s Tyre Service (Smith), Sydney Food & Packaging Wholesalers Pty Limited (Rodriguez), Zodiac Group Australia Pty Ltd (Zaballero), PT Direct (Farrugla), Burbank Australia Pty Ltd (Harris), Raiser Pacific v.o.f-Kaseris Michall Partnership (Kaseris), Zezt Pty Ltd (Hayles), SINEFA Pty Ltd (Millonis), Metropolitan Taxi Club Inc (Ninon), Royal Automobile Club of Victoria (RACV) Limited, Oz Care Services Pty Ltd (Mala), QBE Management Services Pty Ltd (Melhuish), Citywide Service Solutions Pty Ltd (Forlonge), Composite Industries Group Pty Ltd (Chan), Jetstar Airways Pty Ltd (Lewis), Essendon Hair Make Up (Cardamone), Mbarbaram Aboriginal Corporation (McPherson), Pilbara Iron Company (Services) Pty Ltd (Ballam), Ceramic Distributors Pty Ltd (Kelly), Coles Supermarket Australia Pty Ltd (Sink), Zoological Parks and Gardens Board (McCall), Roshana Pty Ltd ATF the C&J Trust & Burswood Care Pty Ltd ATF the Roshana Family Trust (Alahakoon), Programmed Skilled Workforce Ltd (Ireland), Tusk Group (Schram), The Islamic Society of Victoria Inc (Abou-Eid), Northern Territory Government (McAuley), The Trustee for Mackay’s Produce Solutions Pty Ltd As Trustee for The FPS Trust (Webster), Multicap Limited (Manttan), Unitingcare Queensland (Lamby), Mantra Hospitality Admin Pty Ltd (Percy), James M & Leanne Barber (Whitton).
December 8, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed by respondent as a FIFO mechanic – dismissed following allegations that he committed various safety breaches – applicant submitted that he was unfairly dismissed and sought an order that he be reinstated and compensated for lost remuneration – applicant submitted, amongst other things, that stepping into the ‘footprint’ of machinery is a common and accept practice which was necessary in the circumstances – the safety investigation into the incident recommended retraining rather than dismissal – respondent failed to include the applicant in the re-enactment of the incident – respondent based the decision to dismiss the applicant on the outcome of the HR investigation rather than the recommendations of the Safety Investigation – Commission found dismissal was harsh, unjust and unreasonable – satisfied dismissal was unjust because applicant was not responsible for all of the instances of misconduct on which the employer acted – dismissal was unreasonable because the decision to dismiss him was based on inaccurate information – dismissal was harsh in its consequence for his personal and economic situation in light of applicant’s age, employment record and employment prospects – dismissal was disproportionate to the gravity of the misconduct – found dismissal unfair – order for reinstatement made – order that applicant undertake training in accordance with the recommendations of the Safety Investigation. Ballam v Pilbara Iron Company (Services) P/L t/a Rio Tinto Iron Ore
December 8, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as a mechanical trainer/assessor by a registered training organisation – applicant summarily terminated following alleged falsification of times on timesheets – applicant argued discrepancies were due to error in copying and pasting times from his Outlook calendar into his timesheet – Commission held conduct was valid reason for dismissal as there was no satisfactory explanation for the inaccurate recording of time found – timesheets were contrary to employer-supplied vehicle GPS records – Commission found that misconduct did in fact occur [Selvachandran] – dismissal not harsh – termination of employment not unfair – application dismissed. Whelan v Motor Trade Association of Western Australia Inc and Automotive Institute of Technology
December 8, 2017
ANTI-BULLYING – reasonable management action – ss.789FC, 789FF Fair Work Act 2009 – application for order to stop bullying – applicant employed as a security officer since January 2011 – initial application resulted in action against a direct supervisor but no finding of bullying – applicant transferred until supervisor’s retirement, taking into account applicant’s work restrictions following a workplace injury – applicant filed an amended application to reflect allegations against another respondent employee arising from four events in particular – in first event, Commission held that it was unable to conclude that a written warning was unreasonable management action as conduct did occur and was in breach of known policy which was required to be followed – in second event, respondent agreed to accommodate applicant’s request to withdraw warning – in third and fourth events, Commission found that action taken by respondent was reasonable management action carried out in a reasonable manner – found that applicant’s complaint not without some merit – held that applicant not able to demonstrate to Commission’s satisfaction that respondent repeatedly behaved unreasonably towards applicant – application dismissed. Mr Kotevski
December 8, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute in accordance with dispute resolution procedure under WorkPac P/L Mining (Coal) Industry Enterprise Agreement 2012 (Agreement) – CFMEU contended applicants were shift workers working a roster which rotated from day shift to night shift and were entitled to be paid for all shifts worked – applicants’ rates of pay were changed – respondent submitted Commission did not have jurisdiction to arbitrate the settlement under the dispute settlement procedure – jurisdictional objection concurrently dealt with substantive issues – issue of whether dispute settlement term authorised Commission to arbitrate dispute in absence of agreement from all parties to dispute – Commission examined the construction of Agreement – construction of industrial instruments principles applied [Berri] – Commission rejected respondent’s submissions – jurisdictional objection dismissed – found Commission empowered to arbitrate dispute – held day shift workers not entitled to be paid afternoon and night shift rates for all shifts worked. Construction, Forestry, Mining and Energy Union v WorkPac P/L (No 2)
