TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – unfair dismissal application lodged seven days late – applicant submitted delay due to mental distress, family circumstances and representational error – applicant was primary carer of young daughter and injured wife – Rowe v V/Line P/L referred to – representative error occurred as applicant not advised of 21 day time limit – no substantial prejudice suffered by respondent because of late lodgement – Nulty approach adopted – Commission found reasons for delay acceptable when taken together and that exceptional circumstances justify granting extension of time – exceptional circumstances included applicant’s mental state, family situation, wife’s serious medical condition and ‘the professional lapses’ of his lawyer – application for extension of time granted – date of lodgement extended to 13 May 2016 –unfair dismissal application referred to conciliation. Cherfi v Tabcorp Assets P/L t/a Tabcorp
September 22, 2016
An application for approval of the Casino Canberra Enterprise Agreement 2016-2019 (s.185 – Application for approval of a single-enterprise agreement) will be reviewed by Deputy President Sams in his chambers via telephone.
September 22, 2016
An application for approval of the Tabcorp Technician Field Services Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) is before Commissioner Lee for a ruling.
August 5, 2016
TERMINATION OF EMPLOYMENT – genuine redundancy – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – appellant’s dismissal had been found to be a case of genuine redundancy – permission to appeal granted – appellant raised concerns regarding the solicitor assisting the respondent’s legal representative – solicitor had previously worked as an associate for a member of the Commission – appellant was asked if he wished to make an application outlining what he perceived to be a conflict of interest – appellant did not wish to make an application – appellant advised that he was not withdrawing his application and left the hearing room – appeal heard based on the written submissions filed by both parties – appellant had submitted that the respondent had not complied with the consultation obligations contained in two different clauses of their Agreement – respondent submitted that each clause had a different scope and purpose and that it had complied with the relevant clause in the circumstances – considered Amcor Ltd v CFMEU – Commission satisfied that respondent had complied with the relevant clause and was not required to comply with the additional consultation requirements in the other clause – Commission satisfied there were no appealable errors in initial decision – respondent complied with its consultation obligations pursuant to the Agreement – appeal dismissed. Appeal by Tsiftelidis against decision and order of Cribb C of 24 March 2016 [[2016] FWC 1689], [PR578345]] Re: Crown Melbourne Limited
July 25, 2016
Damian Quayle has now been promoted to the position of Chief Operating Officer at The Star Sydney.
July 20, 2016
Tabcorp Assets Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) lodged by an ex-staff member (Cherfi).
July 15, 2016
INDUSTRIAL ACTION – suspension of protected industrial action – cooling off – s.425 Fair Work Act 2009 – application for order to suspend protected industrial action related to the wearing of union t-shirts and badges by union members at their workplace – union argued that there had been no evidence put by Canberra Casino that industrial action was occurring – union stated industrial action may have occurred for an hour but then stopped, due to a direction given that employees wear normal uniform or face disciplinary action – Casino submitted it had put evidence that industrial action was being engaged in – jurisdictional objection raised by union in relation to the prerequisite of industrial action ‘being engaged in’ under s.425 of FW Act – MUA v Patrick Stevedores Holdings P/L and Linfox Australia P/L v NUW applied – Commission unable to be satisfied that protected industrial action was being engaged in at the time of hearing – no jurisdiction for Commission to issue the order sought – application dismissed – Commission held it necessary to reserve decision in light of jurisdictional objection – brief decision with reasons issued, with a more fulsome decision to be issued at the request of either party. Canberra Casino Ltd v United Voice
July 12, 2016
Crown Melbourne Limited is facing a s.604 (appeal of decisions) before the Fair Work full bench. The appeal is at the behest of Tsiftelidis.
