Fair Work Commission

Matter: [2021] FWC 3786 and [2021] FWCFB 6020

Summary

Asbury DP

The Commission dismissed the application for a bargaining order for want of standing.

Hatcher VP, Clancy DP, Colman DP

The Full Bench granted permission to appeal and dismissed the appeal.

Court Summary

n/a

Status

Matter QUD382/2021 filed in the Federal Court on 17 November 2021.

Matter: [2020] FWC 6433 and [2021] FWCFB 1097

Summary

Yilmaz C

The Commission dismissed an application for an unfair dismissal remedy.

Masson DP; Millhouse DP; Mckinnon C

The Full Bench granted permission to appeal and dismissed the appeal.

Court Summary

n/a

Status

Matter VID338/2021 filed in the Federal Court on 23 June 2021. The Commission was joined to proceedings on 5 November 2021.

Matter: [2021] FWCFB 6002

Summary

Ross J, President; Hatcher VP; Gostencnik DP

Application for secret ballot to be held dismissed.

Court Summary

n/a

Status

Matter VID541/2021 was lodged in the Federal Court on 21 September 2021.

Matter: [2021] FWC 1017; [2021] FWC 1287 and [2021] FWCFB 4197

Summary

Cross DP

Application for approval of D&D Traffic Manager & Other Work Enterprise Agreement 2020 dismissed.

Hatcher VP; Bull DP; Easton DP

Permission to appeal refused.

Court Summary

n/a

Status

Matter NSD1008/2021 was lodged in the Federal Court on 27 September 2021.

Matter: [2021] FWC 2498 and [2021] FWCFB 4728

Summary

Young DP

Application to deal with general protections dispute involving dismissal.

Catanzariti VP; Clancy DP; Lee C; Mirabella C

Permission to appeal refused.

Court Summary

n/a

Status

Matter QUD267/2021 was lodged in the Federal Court on 19 August 2021.

Matter: [2019] FWC 1564; permission to appeal refused in [2019] FWCFB 4240 

Summary

Dean DP

Application for an unfair dismissal remedy dismissed for want of jurisdiction as resignation was determined to not be forced. 

Catanzariti VP; Dean DP; Hunt C 

No public interest was identified so permission to appeal refused. 

Court Summary

Wigney J

Application NSD1072/2019 dismissed on 3 August 2020. 

Status

Appeal NSD1041/2020 filed 19 January 2021. 

Matter: [2020] FWC 2503 and [2020] FWCFB 6112.

Summary

Hampton C 

The Commission found that the applicant was engaged as an employee and dismissed the jurisdictional objection.

Catanzariti VP; Anderson DP; McKenna C

The Full Bench refused permission to appeal. 

Court summary

n/a

Status

Matter SAD176/2020 filed 10 December 2020. The Federal Court reserved judgment on 29 October 2021.

Matter: N/A 

Court summary

Katzmann J

Applicants won an injunction to stop the Commission from arbitrating a dispute concerning stand downs on 19 May 2020. The Court ordered that the proceedings be expedited. 

Flick J 

The Court found the the Commission has the power to deal with the dispute as it pertains to whether there was useful work available for the Licensed Aircraft Maintenance Engineers, and that the Commission does not have the power to deal with any dispute outside of the scope of this question. 

Flick J (6 October 2020) 

The Court found that the Applicants could not reasonably be held responsible for the work stoppages or prevented them. Declaratory relief was so granted. The Commission was left to resolve outstanding questions regarding alternative useful employment for the stood-down employees, and if the lack of useful employment was 'because of' the work stoppage. 

Status

The ALAEA have lodged appeal NSD1211/2020. Qantas Airways and Jetstar Airways Ltd have also lodged a cross appeal. 

The Federal Court reserved judgment in the matter on 18 May 2021.

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 (VID427/2020), seeking relief in orders of certiorari and mandamus.

Status

The Federal Court reserved judgment in the matter on 23 February 2021

Matters reviewed: [2020] FWCA 4823 and [2021] FWCFB 591. 

Summary

Harper-Greenwell C

The Commission approved the Busways, Transport Worker's Union of Australia and Drivers Enterprise Agreement 2020. 

Hacther VP; Gostencnik DP and Mansini DP

The Full Bench granted permission to appeal and dismissed the appeal. 

Court Summary 

n/a

Status

Proceeding NSD172/2021 was filed in the Federal Court on 5 March 2021. The Federal Court reserved judgment on 3 August 2021