Fair Work Commission

Matters: PR709289; Appeal dismissed in [2020] FWCFB 3849

Summary

Clancy DP

The Commission dismissed the application for an unfair dismissal remedy.

Hatcher VP; Young DP; Harper-Greenwell C

The Full Bench refused the request for an extension of time and dismissed the application for permission to appeal on that basis.

Court summary

n/a

Status

Application for judicial review ACD42/2020 filed 17 August 2020.

Matters: [2020] FWC 1015; Appeal upheld in [2020] FWCFB 3439

Summary

Riordan C

The Commission found no valid reason for dismissal and ordered reinstatement as an appropriate remedy.

Millhouse DP; Young DP; Cirkovic C

The Full Bench upheld the appeal and on redetermination dismissed the application for an unfair dismissal remedy.

Court summary

n/a

Status

Application NSD1012/2020 filed 10 September 2020.

Matter: [2019] FWC 5008 Appeal dismissed in [2020] FWCFB 1698

Summary

Hampton C

The Commission found that the on balance, the applicant was not an employee. The Respondent's jurisdictional objection was upheld and the application dismissed.

Ross J; Hatcher VP; Colman DP

The Full Bench dismissed the appeal.

Court summary

n/a

Status

Application NSD566/2020 was filed on 19 May 2020.

Matter: [2016] FWCA 7585

Summary

Watson VP

The Commission approved the enterprise agreement International Container Terminal Operations Agreement 2016 as all the requirements under ss.186, 187 and 188 were met. The Australian Maritime Officers’ Union and The Maritime Union of Australia gave notice under s.183 of the Act that they wanted the Agreement to cover them; the Commission noted Agreement covers the organisations in accordance with s.201(2).

Court summary

Application VID511/2018: filed 24 April 2018 seeking relief under s.39B Judiciary Act 1903.

Rangiah J dismissed proceeding for abuse of process.

Appeal VID711/2019:

FCA Full Court of Bromberg, Kerr and Wheelahan JJ allowed the appeal and set aside the order of dismissal for abuse of process.

Status

VICT were granted special leave on limited grounds before the High Court of Australia on 11 September 2020 (M35/2020).

Matter: [2019] FWC 4892 quashed by [2019] FWCFB 7658

Summary

Booth DP

Application to deal with contraventions involving dismissal. The application was made out of time and the Commission did not find that there were exceptional circumstances to enliven the Commission’s jurisdiction to grant an extension of time.

Hatcher VP; Clancy DP; Masson DP

On appeal, the Full Bench quashed the first instance decisions and ordered the application to be remitted to Lake DP.

Court summary

The Court quashed the decision of the Full Bench and ordered the Commission to hear and determine Mr Milford's application for permission to appeal. The Court refused Coles' application for declaratory relief.

Status

The Applicant has filed for special leave to appeal the Federal Court judgment in the High Court of Australia.

Matter: [2019] FWCFB 6047

Summary

Ross J; Gostencnik DP; Lee C

The Full Bench found that a model clause did not cancel out consultation requirements in the agreement.

Court summary

Logan, Wigney & Anderson JJ

The Full Court ordered a constitutional writ of mandamus be issued to the twenty second respondent, the Fair Work Commission, requiring the Commission to answer, by decision, such question or questions which were posed to it for answering by the Commission’s President under the Fair Work Act 2009 (Cth).

Rares, Logan & Wigney JJ

The matter was heard on 28 August 2020.

Status

Judgment reserved.

Matter: [2019] FWCA 8471; [2020] FWCFB 1918

Summary

McKinnon C

MMS Latrobe Valley Enterprise Agreement 2018 approved after the successful completion of undertakings, which altered the description of the role of an employee signatory on the signature page of the Agreement.

Hatcher VP; Booth DP; Colman DP

Permission to appeal refused.

Court summary

The CFMMEU lodged an application for judicial review of the decision in the FCA on 24 June 2020, seeking relief in orders of certiorari and mandamus.

Status

Open.

Matter: [2019] FWC 7404; [2020] FWCFB 407

Summary

Dean VP

The application for an unfair dismissal remedy was out of time; the Commission in the first instance found no exceptional circumstances justified the delay.

Sams DP; Bull DP; McKenna C

Permission to appeal refused.

Court summary

Abraham J

The applicant's interlocutory application in NSD212/2020 was dismissed on 16 October 2020.

Status

Open.

Matter: [2020] FWCFB 1704

Summary

Hatcher VP; Booth DP; Cambridge C

4 yearly review of modern awards—Supported Employment Services Award 2010.

Court summary

The AED filed an application for judicial review on 22 May 2020, seeking relief Under Section 39B Judiciary Act 1903 in the form of a writ of certiorari and a writ of mandamus to quash the Full Bench decisions.

Status

Open.

Matter: [2020] FWC 1566 [2020] FWCFB 2484

Summary

Beaumont DP

The application for an unfair dismissal remedy was out of time and no exceptional circumstances justified an extension of time.

Colman DP, Masson DP, Johns C

Permission to appeal refused.

Court Summary

O'Sullivan J

The application MLG1897/2020 was dismissed as incompetent on 14 August 2020.

Status

Appeal VID618/2020 was filed on 11 September 2020.

Matter: [2019] FWC 1745 [2019] FWCFB 7163

Summary

Binet DP

The dispute concerned staffing levels on a new type of vessel operated by Maersk to service offshore oil and gas platforms; the Commission determined in favour of the CFMMEU.

Hatcher VP, Colman DP, McKenna C

Permission to appeal was refused by the majority Bench.

Court summary

Colvin J

The Court dismissed the interlocutory application on 6 May 2020.

Status

Application WAD608/2019 was heard on 24 and 25 September 2020.

Matter: [2019] FWC 4235

Summary

Johns C

The Commission held that the Commission had jurisdiction to determine the dispute under an agreement the employer inherited after winning a tender.

Court summary

Application WAD389/2019:

McKerracher J dismissed appeal with no order for costs on 25 March 2020.

Status

Appeal WAD93/2020 will be heard by the Full Court of the Federal Court on 24 August 2020. They seek an order that permanently restrains the FWC from arbitrating the dispute.