The Oi Group - IR NEWS UPDATE

Baiada Poultry placed an application with Fair Work Australia, in respect to the National Union of Workers (NUW) and some of its officials.  Baiada claimed that the conduct of the officials and the Union was both improper and unlawful.

There had been a lengthy hearing before Fair Work Australia which required the submission of material - and Baiada asserted that that material, which contained competing assertions by Baiada and the Union -  was sufficient to warrant the conduct of an inquiry.  Baiada’s claim included that the union was misusing its position by inappropriately pursuing union membership - and this claim was based on the actions of the union when they entered Baiada premises under a rights of entry permit for membership purposes, and then proceeded to film the premises and publish the film.

Senior Deputy President O’Callaghan had to consider whether FWA should initiate action (under Section 508 of the Act) on its own motion against the Union.  It was noted that the filming of Baiada premises, publication of the film or use of employee information gained through the investigation of alleged wage underpayments would conceivably be enough on their own to result in rights of entry restrictions Continue reading →

The National Union of Workers (NUW) placed an application with Fair Work Australia alleging that Patties Foods Ltd were not bargaining in good faith in relation to a proposed Enterprise Agreement with its employees.

Patties Foods, which operates a food manufacturing facility in Bairnsdale Victoria, provided employees with a letter informing them of their representational rights regarding the Agreement, and the first formal bargaining meeting was held on June 1, 2011.  The NUW at the end of the meeting, gave a letter to non-union employees Continue reading →

Mr James Lane - A former fruitier at The Heights Grocer, had his employment terminated by telephone, where he claimed he was informed the dismissal was because he did not get on with other employees’.

After an unsuccessful conciliation the matter proceeded to hearing before Commissioner Cambridge.  The Respondent did not attend the current hearing, or proceedings held earlier in the year.

The Hearing proceeded in the absence of the respondent, where the applicant provided unchallenged evidence that his employment was terminated by telephone whilst he was on one week of annual leave.  He submitted that there was no valid reason for the termination of his employment.

Commissioner Cambridge in saying that the employer failed to attend either of the hearings, stated that the employer’s lack of appropriate attention to proceedings before FWA was broadly consistent with and reflective of the evidence of the unacceptable circumstances of the applicant’s dismissal. Continue reading →

Two former executives of a Sydney finance company have been fined a total of $16,950 for sham contracting activity that affected nine workers.
The former owner and sole director of Parramatta-based Centennial Financial Services, Rolf Mertes, has been fined $13,200. The company’s former human resources manager, Christopher Chorazy, has also been fined $3750.
The penalties were imposed in the Federal Magistrates Court in Sydney following an investigation and prosecution by the Fair Work Ombudsman. The Court found that both Mertes and Chorazy were involved in breaches of the sham contracting provisions of workplace law in 2007. Continue reading →

A former employee of Cronulla Sutherland Leagues Club, Mr Brad Linsell, filed an unfair dismissal application with Fair Work Australia on January 11, 2011, claiming that he had been constructively dismissed.

The Applicant who had been a manager with the Respondent, instructed his solicitors on 5 October 2010 regarding alleged bullying and mistreatment by the Respondent. On 2 November 2010 the Applicant became absent from work, and a WorkCover medical certificate dated 29 November 2010 was given in evidence which stated as the reason for the absence as anxiety caused by severe workplace bullying.

Continue reading →

The outcome of this years annual wage review in relation to modern award minimum wages is that from the first full pay period on or after 1 July 2011 minimum weekly wages are increased by 3.4 per cent, with commensurate increases in hourly rates on the basis of a 38 hour week.

The increase applies to minimum wages for Continue reading →

Mr Christopher Daly’s employment as a Radio Station Manager was terminated by Wangki Yupurnanupurra Aboriginal Corporation.  An unfair dismissal claim was lodged by the applicant with Fair Work Australia.

An unsuccessful conciliation led the matter to hearing before Commissioner Williams.

The respondent objected to the application on the grounds that the organisation was not an employer for the purposes of Section 380 of the Fair Work Act 2009, and therefore Fair Work Australia did not have the jurisdiction to hear the claim.  Section 380 of the Act explains who is an employer for the purposes of unfair dismissal under the Act. Continue reading →

Mr M N Robinson, a former employee of Interstate Transport Pty Ltd had his representative lodge a General Protections application, after his employment was terminated.  The application was lodged 2 days late.  After an unsuccessful conciliation, Commissioner Simpson of Fair Work Australia gave directions for submissions from both parties, and decided the case on the submissions.

Mr Robinson’s submission included the reason for the delay in lodging as being an error on the part of his representative, who overlooked the reminder on his firm’s case management system.  Commissioner Simpson considered the statutory matters with the appropriate Section of the Fair Work Act, and two decisions made by Fair Work Australia.   Within one of the cases, the central consideration in relation to granting an extension of time was the conduct of the applicant. Continue reading →

The Commonwealth of Australia (Centrelink) terminated the employment of Ms Violeta Paunovska on 13 October 2010, for failure to comply with lawful and reasonable directions and failure to treat everyone with respect and courtesy and without harassment.

The Respondent claimed that the Applicant - who had been employed with Centrelink since 1989 - became aggressive, raised her voice, and when asked to leave the office or commence duties, responded with discourtesy…ignored directions…..made sarcastic comments. Continue reading →

Sergeant (Sgt.) Richard Bowers was appointed as a Bargaining Representative for himself and 132 other police officers, in relation to enterprise agreement negotiations with Victoria Police (Vicpol). The Police Federation of Australia was also appointed as a bargaining representative for other employees.

Sgt. Bowers sought, but was refused, paid leave to attend negotiations, and as a result of that refusal placed a claim with Fair Work Australia seeking an order enforcing that Vicpol pay him such leave.  Commissioner Smith convened the hearing.

In support of his application, Sgt. Bowers submitted that in his role as a prosecutor he is fully engaged in his work from 8 a.m. until 5 p.m. on weekedays and that the bargaining meetings had to date been on a Thursday generally between the hours of 9 a.m. and 3 p.m.  Continue reading →

Ms Lesley Bowles was the Practice Manager for Gregg Lawyers, prior to her dismissal.

The reasons given by the Respondent for the dismissal were:

• Conflict between the applicant and another employee;
• the Applicant’s refusal to participate in a conflict resolution process;
• the Applicant’s failure to respond to emails sent to her while she was absent “allegedly” due to illness;
• the Applicant’s conduct in dealing with the Respondent’s accountant whilst absent;
• and complaints about the Applicant from co-workers, clients and consultants.

Commissioner Asbury of Fair Work Australia came to the conclusion that none of the above reasons, either individually or collectively amounted to a valid reason for the termination of the Applicant’s employment. Continue reading →

A regular casual employee of Trinity Petroleum Services Pty Ltd (the Respondent) who had her employment terminated, placed a claim for unfair dismissal with Fair Work Australia.  Ms Gillian Beck (the Applicant) worked for the Respondent as a console operator for approximately 2 1/2 years.

The Respondent stated that termination (on 1 December 2010) occurred for numerous reasons including that the Applicant had repeatedly used obscene language and intimidated other staff members.

The Applicant, who represented herself at the arbitration hearing, claimed she was singled out whilst other employees were not reprimanded for similar conduct. Continue reading →

Commissioner Williams of Fair work Australia (FWA) approved an enterprise agreement called WA Freight Group Line Haul Division Enterprise Agreement 2010 (the Agreement), on 16 December 2010.

The Transport Workers Union (TWU) lodged an appeal against the approval, citing several grounds as follows:  alleged Commissioner error concerning hourly rate of pay; alleged Commissioner error in relation to being satisfied that the Agreement had been approved by employees in accordance with the Fair Work Act ; and failure by the Commissioner to give adequate reasons for the decision to approve the Agreement.

On the day of the appeal hearing - heard by the Full Bench, the TWU attempted to add a further ground to the appeal, being that the person who signed the Agreement on behalf of employees was not authorised to do so; Continue reading →

Mr Stephen Gray (the applicant) was employed as a Storeman by Automotive Brands Pty Ltd (the respondent), prior to the instant termination of his employment.  The respondent alleged that the applicant had made comments that amounted to bullying and this constituted summary dismissal. Continue reading →

Mr Bormann (the Applicant) was terminated from employment by Visy Board (the Company) after he had been placed on unpaid leave due to injury.

The Applicant was placed on unpaid leave on 4 February 2010, because of a non-work related injury and the Company’s concern regarding the Applicant’s ongoing health if he continued to perform his duties.  The Applicant was informed by a representative of the Company that he should seek income protection or place a worker’s compensation claim.

On 31 August 2010 the Applicant received a letter from the Company terminating his employment because Visy Board had had no contact from [the Applicant] over that seven-month period and Continue reading →