Fair Work Commission

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

Matter NSD566/2020 was formally discontinued. The file was closed on 17 December 2020.  

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 Court overturned the decision of the Full Bench of the Commission, quashing orders 3 and 4 made on 5 March 2020, and declaring that the Model Consultation Term (MCT) did become a term of the Teekay Shipping (Australia) Pty Limited Seagoing Ratings Dry Cargo Enterprise Agreement 2015, to the exclusion of consultation provisions in the EA and relevant award.

The Court concluded that:

The Full Bench was correct to conclude that the EA did not comply with the requirements of s 205 of the FW Act, and so the MCT was a term of the EA, by force of s205(2).

However, where the MCT is made a term of an EA by force of s 205(2), any inconsistent terms of the EA cannot interfere with the operation of the MCT. The MCT takes precedence over other EA clauses, and cannot be read down as part of construing the EA. The MCT then applied to the exclusion of other EA clauses regarding alternative consultation rights and processes.

Status

Closed. 

Matter: [2019] FWC 5821 Permission to appeal refused in [2020] FWCFB 606 

Summary 

Clancy DP

The application for an unfair dismissal remedy was dismissed for want of jurisdiction. 

Hatcher VP; Bull DP; Booth DP

Permission to appeal was not found to be in the public interest and so denied. 

Court summary

Anderson J 

The Court found that the application for judicial review was devoid of merit and lacking reasonable prospect of success and the application for summary dismissal was granted. 

Status

Closed. 

Matter: [2019] FWC 182 Permission to appeal denied in [2020] FWCFB 884 

Summary 

DP Sams 

The application for an unfair dismissal remedy was dismissed. 

Hatcher VP; Dean DP; Booth C 

The permission to appeal was denied. 

Court summary

Flick J 

The Court found that the Commission did not fail to properly exercise its jurisdiction and the proceeding was dismissed. 

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.