Fair Work Commission

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

The Full Court of the Federal Court dismissed the application. 

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: 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

Closed. 

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

Collier J dismissed the appeals QUD65/2020 and QUD66/2020 on 21 August 2020. 

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

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.