A s.185 (Application for approval of a single-enterprise agreement) by the Charlestown Bowling Club Pty Ltd for its Charlestown Bowling Club Enterprise Agreement 2016 has been ratified by Deputy President Sams.
January 20, 2017
The Star Pty Ltd is fighting a s.394 (Application for unfair dismissal remedy) before Commissioner McKenna in the Fair Work Commission Terrace Tower 80 William Street East Sydney at 11am today (Clavijo).
January 17, 2017
An application for approval of the Crown Melbourne Limited Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be adjudicated by Deputy President Sams in the Fair Work Commission Terrace Tower 80 William Street East Sydney today.
January 16, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.55, 115, 739 Fair Work Act 2009 – application to deal with a dispute under the Skycity Adelaide Casino/United Voice Enterprise Agreement 2014 – matter in dispute was which days are Public Holidays in respect of Christmas Day and Proclamation Day in 2016 – United Voice asserted that where Christmas Day falls on a Sunday, both the Sunday and the following day are public holidays – Adelaide Casino asserted that where Christmas day falls on a Sunday the Monday will act as the substitute public holiday – Golden Cockerel considered – Commission found that by virtue of s.3(1)(b) of the Holidays Act 1910 (SA), both Sunday 25 December 2016 and Monday 26 December 2016 are public holidays – 26 December is an additional day not a substitute day. United Voice v SkyCity Adelaide P/L t/a Adelaide Casino
January 16, 2017
GENERAL PROTECTIONS – extension of time – ss.365, 366, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission refused to allow a further period of time for the appellant to make a general protections dismissal dispute application – application made 13 days late – appellant’s grounds of appeal included that the decision contained several inconsistencies in detail, the Commission granted a significantly longer period to the respondent to raise matters not relevant to the extension of time issue, no opportunity given to respond to the matters raised, and the Commission should have accepted his medical condition provided an acceptable explanation for the delay – Full Bench not persuaded any of the grounds of appeal upon which the appellant relied raised an arguable case of error – complaints about the conduct of the hearing and the opportunity given to appellant by the Commission to respond to the matters raised by the respondent not made out – apparent the Commission was not satisfied that the medical evidence established any sufficient impediment to the appellant in making his application within the time prescribed – Full Bench did not consider the Commission’s conclusion was unreasonable, manifested any injustice, or was counter-intuitive – not persuaded the appeal raised issues of importance and general application, or that there is a diversity of decisions at first instance so that guidance from a Full Bench was required – further basis on which permission to appeal should be refused – appellant’s general protections dismissal dispute application prohibited by s.725 of the FW Act – appellant also made complaint to the AntiDiscrimination Board of New South Wales – application had not been discontinued nor failed for want of jurisdiction – Full Bench did not consider there was any basis that would justify the grant of permission to appeal in the public interest or otherwise – permission to appeal refused. Appeal by Storey against decision of Lawrence DP of 25 November 2016 [[2016] FWC 8464] Re: Aristocrat Leisure Limited t/a Aristocrat Technologies Australia
January 13, 2017
The Star Pty Ltd is fighting a s.394 (Application for unfair dismissal remedy) before Commissioner McKenna in Hearing Room 12-2-Level 12 in Sydney at 2pm (Clavijo).
January 12, 2017
Derek Storey has been refused consent to have another crack at Aristocrat Leisure Limited t/a Aristocrat Technologies Australia. Storey had lodged an appeal, for which permission is required, against a decision and order of Deputy President Lawrence issued on 25 November 2016 in which the Deputy President declined, under s.366 of the Fair Work Act 2009 (FW Act), to allow a further period with which Mr Storey could make a general protections dismissal dispute application under s.365 of the FW Act.
January 10, 2017
Derek Story has failed to convince the Fair Work Commission that he be allowed more time to pursue Aristocrat Leisure Limited t/a Aristocrat Technologies Australia for his unfair dismissal assertion.
