TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss. 386, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – Commission at first instance dismissed appellant’s application for unfair dismissal remedy – found appellant resigned from employment and resignation was not forced by conduct of respondent – appellant claimed Commission at first instance erred by not having full and proper regard to entire course of respondent’s conduct and made errors of fact – rarely appropriate to grant permission to appeal unless an arguable case of appealable error is demonstrated [Wan] – public interest test is a ‘stringent one’ [Coal & Allied] – Full Bench not satisfied appellant advanced any arguable grounds of appeal – not open to the Commission to find any conduct on respondent’s part forced appellant to resign – found no issues of importance or general application – public interest not enlivened – permission to appeal refused. Appeal by Wilson against decision of Williams C of 16 June 2017 [[2017] FWC 3211] Re: Town of Victoria Park
September 22, 2017
GENERAL PROTECTIONS – extension of time – ss.365, 366, 604 Fair Work Act 2009 – permission to appeal – Full Bench – Commission at first instance refused application for extension of time – application filed 214 days after 21 day time period – no exceptional circumstances existed – appellant provided medical certificates showing was unfit for work – certificates provided no information as to how conditions prevented him from making application – did not adequately explain reasons for delay – not satisfied circumstances exceptional – appealed on the ground of significant errors of fact – grant of permission to appeal requires Commission to be satisfied it is ‘in public interest’ – test of ‘exceptional circumstances’ high hurdle to establish – application filed out of time by significant amount – did not demonstrate exceptional circumstances of delay by medical incapacity – appellant did not identify appealable error – Full Bench not satisfied grant of permission would be in public interest – permission to appeal refused. Appeal by Clarke against decision of Platt C of 2 June 2017 [[2017] FWC 3031] Re: The Information Management Group P/L
September 22, 2017
RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by CFMEU for right of entry permit for Mr Grant White – principles from CEPU and MUA v FWC applied – whether organiser was a ‘fit and proper person’ – organiser declared he was charged with an offence in 1994 – not sentenced to imprisonment – 10 years elapsed since conviction – Commission satisfied organiser fit and proper person. Construction, Forestry, Mining and Energy Union
September 22, 2017
TERMINATION OF EMPLOYMENT – valid reason – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – application for relief from unfair dismissal – Commission held at first instance dismissal not unfair – appellant dismissed because of alleged failure to comply with respondent’s policies in relation to apparent attempted robbery incident – Commission found that during the attempted robbery incident, ‘customer did not display any weapon, never stated he had any weapon, never tried to use any object as a weapon, he was never violent and he never talked in a raised voice’ – found that following the incident, appellant served customers and telephoned Site Manager, who instructed him to cordon off the area, serve customers through the night counter, press the ‘panic button’ and contact police – appellant did not immediately call police and at no stage pressed panic button – respondent conducted investigation and concluded appellant failed to comply with Armed Holdup procedure as well as Code of Conduct – whether Commission at first instance failed to consider the fact that incident was not an ‘Armed Holdup’ – Full Bench satisfied Armed Holdup procedure did not apply and appellant’s reliance on the ‘Dealing with Difficult Customers’ policy was appropriate – found Commission made unsupported findings of fact and failed to deal with fundamental issues which enabled it to conclude there was a valid reason for dismissal – Full Bench held it would be in public interest to grant permission to appeal – appeal upheld – Decision at first instance quashed – application remitted to Commission for re-determination. Appeal by Mistry against decision of Williams C of 7 June 2017 [[2017] FWC 3097] Re: Woolworths Limited t/a Woolworths Fuel
September 22, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with dispute in accordance with dispute settlement procedure in AMJV Ichthys Onshore Construction Greenfields Agreement (Agreement) – dispute in relation to AMWU delegates, Mr Martin and Mr McMinimee, working for respondent who sought paid leave to attend a delegate training course between 11 and 14 July 2017 – applications for paid leave not accepted as respondent did not recognise Mr Martin or Mr McMinimee as delegates for purposes of clause 22 of Agreement – respondent objected to jurisdiction of Commission on basis that dispute related to demarcation and that the prerequisites set out in clause 18.2(c) of Agreement for Commission to arbitrate such a dispute did not apply – argued that effect of clause 18.2(c) is that before Commission can arbitrate disagreement or dispute in relation to demarcation, dispute must be adversely impacting or affecting performance of any work on, related to or incidental to respondent’s scope of work – further submitted that dispute in respect of clause 23 was caught by clause 18.2(c) – AMWU submitted ambiguity arose in application clause 18 and that it was contrary to legislative intent – Commission preferred AMWU interpretation and was satisfied that proper characterisation of dispute was that it involved dispute in respect of matter arising under clause 22 only – jurisdictional objection dismissed. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v AGC Industries P/L & Meisei Industrial Co Ltd t/a AMJV
September 21, 2017
A senior manager at the Auckland District Health Board has been sentenced for his part in stealing thousands of dollars of taxpayers’ money, some of which was used to pay for his daughter’s birthday party. Stephen John Paterson, 47, and a security guard stole thousands of health funds while Paterson was the commercial services manager at the ADHB and responsible for signing off invoices. He had worked at the ADHB for 21 years, first as an orderly, before being suspended in 2012 and leaving in 2013 following an internal investigation into his offending. Paterson was charged and found guilty by a jury earlier this year of theft, dishonestly using a document, and causing loss by deception. Judge Mary-Beth Sharp sentenced him to community detention and community work when he appeared in the Auckland District Court today.
September 21, 2017
Aboriginal Hostels Ltd is fighting a s.372 (Application to deal with other contravention dispute) lodged by a staffer (Edwards).
September 21, 2017
San Carlo Homes for the Aged & Alleva and Others have a (s.576(s)(aa) – Promoting cooperative and productive workplace relations and preventing disputes) application before Commissioner Cribb on-site at ANMF House, 535 Elizabeth Street, Melbourne VIC 3000 at noon today.
