Fair Work Commission

Matter:  [2019] FWCFB 4240 

Summary

Dean DP

Application for an unfair dismissal remedy dismissed for want of jurisdiction - the Full Bench determined the applicant's resignation was not 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

Closed.

Matter:  [2015] FWCA 7516

Summary

Roe C

Application to approve the RECS (QLD) PTY LTD Enterprise Agreement 2015. The Commission was satisfied that undertakings provided will ensure that the Agreement meets the BOOT; Agreement approved.

Court Summary

McKerracher, Farrell AND Markovich JJ

Application NSD373/2019 filed 14 March 2019 seeking leave to appeal under s.24(1A) of the Federal Court of Australia Act 1976.

The appeal was dismissed.

Status

Closed.

Matter:  [2018] FWC 1850

Summary

Johns C

The General Protections dispute was filed 8 days outside of the 21 day time limit. The Commission denied the extension of time request and dismissed the application. 

Catanzariti VP; Bissett C; Hunt C 

Permission to appeal refused. 

Court summary

Katzmann J dismissed the application on 4 February 2020. 

Status

This matter was discontinued in July 2020.   

Matter:  [2019] FWC 4113 - Quashed by [2020] FWCFB 820

Summary

Billett DP

The Commission found that the applicant’s dismissal for serious misconduct was not unfair in light of all the circumstances. 

Hatcher VP; Catanzariti VP; Booth C 

The Full Bench found that the dismissal was unjust and unreasonable, quashed the original decision, upheld the appeal and ordered the appellant be reinstated.  

Court summary

The Full Federal Court dismissed the application for judicial review on 22 May 2020. 

Status

Closed. 

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

Summary

Johns C 

The Commission approved the Kerman Contracting Pty Ltd Enterprise Agreement 2017.

Court summary

The parties agreed to a settlement in principle and the hearings were vacated.  

Status

The applicant discontinued the matter in August 2020. 

Matter:  [2018] FWC 5823; [2019] FWCFB 161

Summary

Anderson DP 

Application to vary the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 Off Site enterprise agreement to remove an ambiguity or uncertainty. In the first instance, no ambiguity or uncertainty was found and the application was dismissed. 

Catanzariti VP; Hamilton DP; Bissett C

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

Court summary

Flick, White and Perry JJ

The Full Court of the FCA quashed the Commission decisions on 24 March 2020 and compelled the Commission to exercise its jurisdiction to determine the Applicant’s original application in accordance with law. 

Status

Closed.