Fair Work Commission

Matter:  [2018] FWC 4762 Appeal upheld in [2020] FWCFB 1301

Summary

Hunt C 

The Commission in the first instance did not find that the dismissal was unfair and dismissed the application.

Sams DP; Gostencnik DP; McKinnon C

The Full Bench allowed the appeal and remitted the matter for remedy. 

Simpson C 

The Commission found the dismissal to be unfair and that reinstatement was inappropriate, and ordered the maximum possible compensation. 

Hatcher VP; Millhouse DP; Hampton C

Appellant appealed seeking a remedy of reinstatement. The Full Bench upheld the appeal. 

Court summary

Application QUD385/2019 was dismissed on 6 February 2020. 

Status

Appeals QUD65/2020 and QUD66/2020 were dismissed on 21 August 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 6767

Summary

Cambridge C 

Dispute about the interpretation of a clause providing for additional payment when employees rostered off on a public holiday. There was no agreement as to any determination of the alleged contractual obligation arising from extraneous materials, and the interpretation made in support of application. 

Catanzariti VP; Sams DP; Saunders DP

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

Court summary

N/A 

Status

Application NSD100/2020 was filed on 3 February 2020.

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. 

Status

Matter NSD527/2020 is listed for hearing on 28 and 29 September 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

Closed.

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 

In appeal NSD212/2020 the Court ordered parties to file submissions in the interlocutory appeal by 10 July 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. 

O'Sullivan J

The application was dismissed as incompetent.

Court summary

Closed.

Status

Open. 

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 is now listed for a final hearing 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.