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2000 September transcripts
adjournment
To end proceedings or to suspend them to another time or place.
appeal
To request that a decision of a single member of the Commission be reviewed by a Full Bench to determine if the decision made is consistent with the Fair Work Act 2009. An appeal can only be made on the grounds that an error of law or fact has been made. A person must seek the permission of the Commission to lodge an appeal by lodging a Form F7—Notice of Appeal.
bullying at work
Bullying at work, as defined by the Fair Work Act 2009, occurs when:
- a person or a group of people behaves unreasonably and repeatedly towards a worker or a group of workers while at work, and
- the behaviour creates a risk to health and safety.
Bullying does not include reasonable management action carried out in a reasonable manner.
bullying policy
A formal procedure outlining the processes used, including disciplinary measures, to resolve bullying in the workplace. A policy would normally include definitions of bullying, a worker's responsibility in relation to bullying and the step by step process that should be adopted when bullying is reported.
code of conduct
A set of rules and responsibilities that govern an organisation. A code of conduct generally sets out appropriate and inappropriate behaviour of employees within an organisation.
Commission
Abbreviation for Fair Work Commission.
Commonwealth
Refers to the Commonwealth government or an Australian territory.
conference
A private proceeding conducted by a Fair Work Commission Member.
constitutionally covered business
A constitutionally covered business is:
- a proprietary limited company
- a foreign corporation
- a trading or financial corporation formed within the limits of the Commonwealth
- the Commonwealth
- the Commonwealth authority
- a body corporate incorporated in a territory
- a business or organisation conducted principally in a territory or Commonwealth place.
It does not include sole traders, partnerships, some state government employees, corporations whose main activity is not trading or financial.
decision
A judgment or conclusion reached after considering the facts and law. A decision in relation to a matter before the Commission can include the names of the parties and will generally outline the basis for the application, comment on the evidence provided and include the judgment of the Commission in relation to the matter. A decision can be made by a single member or a Full Bench of the Commission. It is legally enforceable.
directions
Instructions given to the parties by the Commission that set out a timetable in accordance with which they must file in the Commission and serve on each other an outline of submissions, witness statements and any supporting documents.
evidence
Information which tends to prove or disprove the existence of particular belief, fact or proposition. Certain evidence may or may not be accepted by the Commission, however the Commission is not bound the normal rules of evidence. Evidence is usually contained within or attached to a witness statement or provided verbally by a witness in a hearing.
Fair Work Act 2009
The principal Commonwealth law governing Australia's workplace relations system. Go to the Fair Work Act 2009.
Fair Work Commission
Australia's independent, national workplace relations tribunal, established under the Fair Work Act 2009, from July 2009 to December 2012. Fair Work Australia assumed the functions of the Australian Industrial Relations Commission, and the Australian Fair Pay Commission and the agreement-making function of the Workplace Authority. Fair Work Australia was renamed the Fair Work Commission on 1 January 2013.
Full Bench
A Full Bench of the Fair Work Commission is convened by the Fair Work Commission President and comprises at least three Fair Work Commission Members, one of whom must be a Deputy President. Full Benches are convened to hear appeals, matters of significant national interest and various other matters specifically provided for in the Fair Work Act 2009.
harassment
Unwanted and offensive conduct or behaviour by a person or persons directed towards another person based on an attribute such as a person’s age, gender, race, religion or a disability. Harassment can be physical or psychological.
hearing
A public proceeding conducted by a Fair Work Commission Member. A hearing is generally more formal than a conference, and may be held if the matter can't be resolved at mediation, conciliation or conference.
jurisdiction
The scope of the Commission’s power and what the Commission can and cannot do. The power of the Commission to deal with matters is contained in legislation. The Commission can only deal with matters for which it has been given power by the Commonwealth Parliament.
jurisdictional objection
An objection to an application on the basis that the Fair Work Commission does not have jurisdiction to deal with the matter. A jurisdictional objection is not simply that the respondent thinks the applicant's case has no merit.
matter
A case or legal proceeding before the Commission.
mediation
An informal, confidential and voluntary process. It is one of the processes used by the Commission to facilitate the resolution of a grievance or a dispute between parties by helping them reach an agreement.
Member
A person appointed by the Governor-General to decide matters at the Commission. A Member may be the President, a Vice President, a Deputy President or a Commissioner.
non-constitutional corporation
An entity that is not a constitutional corporation. The following are not constitutional corporations:
- sole traders
- partnerships
- some state government bodies
- corporations whose activities do not include significant trading or financial functions (e.g. some charities).
order
An order is a ruling made by a Fair Work Commission Member after he or she hears your case. Once an order has been made, anyone bound by that order must follow it.
outcome
The end result of an application made to the Commission.
outline of submissions
A written document that clearly sets out the key elements of a case. All facts, information and evidence that you wish to bring to the attention of the Commission should be included in your outline of submissions.
partnership
An organisation in which two or more persons carry on a business together and it is not a constitutional corporation as defined.
party
A person or organisation involved in a matter before the Commission. A party is generally known as either an applicant or a respondent.
principal
A person or business that has entered into a contract for services with an independent contractor.
private enterprise
A business owned and operated by private individuals for profit, instead of by a government or its agencies.
procedural fairness
When persons are treated equally or fairly before the law (also known as due process). For example, procedural fairness occurs when both parties to a dispute have an opportunity to be heard or to defend themselves.
pty ltd
A proprietary limited company. A constitutionally covered business.
reasonable management action
In relation to an anti-bullying application, reasonable management action is the action or behaviour of management that is considered to be carried out in a reasonable manner. Reasonable management action does not constitute workplace bullying.
Reasonable management action may include:
- performance management processes
- disciplinary action for misconduct
- informing a worker about unsatisfactory work performance or inappropriate work behaviour
- asking a worker to perform reasonable duties in keeping with their job, and
- maintaining reasonable workplace goals and standards.
In each of these examples, if they are not carried out in a reasonable manner, then they could still be considered bullying.
Rules
service/to serve
A requirement to send a copy of a document (and all supporting documents) to another party or their representative, usually within a specified period. A person’s obligation to serve documents can be met in a number of ways. The acceptable ways in which a document can be served are listed in Parts 7 and 8 of the Fair Work Commissions Rules 2013.
sole trader
An organisation in which one person is responsible for the business.
WHS
Abbreviation for work health and safety.
WHS state or territory regulator
A body established by a state or territory government which regulates WHS laws in a particular state or territory. To find contact details for the regulator in your state or territory, go to the Enquiries page.
witness statement
A person who gives evidence in relation to something they saw, heard or experienced. A witness is required to take oath or affirmation before giving evidence at a formal hearing. The witness will be examined by the party that called them and may be cross examined by the opposing party to test their evidence.
worker
In relation to an anti-bullying application, the definition of a worker is drawn from the Work Health and Safety Act 2011. A worker can include:
- an employee
- a contractor or subcontractor
- a person employed by a labour hire company who is working at a particular business or organisation
- an outworker
- an apprentice or a trainee
- a work experience student
- a volunteer.
Only people who are considered to be workers may apply for an order to stop bullying at work.
workplace
A place where a person performs work.
workplace bullying
See bullying at work.
Week 5
C22980/00, C22985/00 s.99 notification of a dispute by Kone Elevators Pty Limited and AMWU re bans and limitations on working of additional shifts and overtime, in support of demands for additional allowance during the Sydney 2000 Olympics and s.127(2) application by Kone Elevators Pty Limited re bans, limitations and stoppages - Harrison C - 29 September
C23120/00 s.99 notification of a dispute by ADI Limited and AMWU re stoppage of AMWU members by ADI - Jones C - 29 September
C37891/00 s.170LW application by Yallourn Energy Pty Ltd and CFMEU re dispute concerning the bringing in of employees on overtime or the method of recommissioning unit W3 in the power station - Polites SDP - 29 September
C35606/00 s.99 notification of a dispute by Victorian Hospitals Industrial Association and HSUA re wages claim - psychiatric services in Victoria - Blair C - 29 September
C37852/00 s.127(2) application by NHMG Distribution Pty Ltd trading as Yale Asia Pacific for an order to stop or prevent industrial action - Hingley C - 29 September
C37188/00 s.170MD(2) application by AMWU for variation of certified agreement re changes to fitters’ category structure - Polites SDP - 29 September
C33309/00 s.99 notification of a dispute by Nationwide News Pty Limited - Cumberland Newspaper Group Division and AMWU re work on a public holiday - Cargill C - 29 September
C40908/00 s.170MHA application by Capricorn Coal Management Pty Ltd for termination of Capricorn Coal Management Pty Ltd and CFMEU, AMWU and CEPU Surface Operations Certified Agreement 1998 - Bacon C - 29 September
C37909/00 s.99 notification of a dispute by Civil Air Operations and Airservices Australia re Airservices decision to employ an air traffic controller on contract in Brisbane Centre - Gay C - 29 September
C37784/00 s.99 notification of a dispute by Toll Transport Pty Ltd trading as Refrigerated Roadways and TWU re the loss of a contract and the placement of employees in alternative employment as a consequence - Holmes C - 28 September
C36793/00 s.127(2) application by R.G.Ladd Pty Ltd, Altair Servicing Pty Ltd and Expert Security and Communications for an order to stop or prevent industrial action - Tolley C - 28 September
C37181/00, C37216/00 s.127(2) appliaction by Atlas Steels (Australia) Pty Limited for an order to stop or prevent industrial action and s.166A noticve by Atlas Steels (Australia) Pty Limited to bring action in tort against the AMWU - Hingley C - 28 September
C37319/00 s.99 notification of a dispute by ASU and Northern Region Employment Services (also known as Hi-Point City) re restructure of the organisation - Blair C - 28 September
C22904/00 s.127 application by TNT Australia Pty Limited and ASU to stop or prevent industrial action - Duncan SDP - 28 September
C22893/00 s.99 notification of a dispute by ASU and TNT Australia Pty Limited re alleged relocation/co-location of TNT AAF employees at Mascot - Duncan SDP - 28 September
C37712/00 s.99 notification of a dispute by Brownbuilt Pty Limited and AMWU re bans and lockout over failure to reach enterprise bargaining agreement - Hingley C - 28 September
C23113/00 s.99 notification of a dispute by William Brooks & Co. and AMWU re effect of clause 24 of the casual/contract agreement - Lawson C - 28 September
C22817/00 s.99 notification of a dispute by United Collieries Pty Limited and CFMEU re implementation of a drug and alcohol policy - Wilks C - 28 September
C36899/00 appliaction by Australian Higher Education Industrial Association to vary re application for variation of the Tertiary Education Superannuation Scheme - Superannuation Award 1988 - Duncan SDP - 28 September
C37744/00 s.99 notification of a dispute by Transfield Pty Limited and CEPU re the negotiation of a certified agreement for the company’s business at the Mobil Altona Refinery being the subject of the bargaining period - Tolley C - 28 September
C40190/00, C40191/00 s.170MH application by BHP Coal Pty Ltd re termination of BHP Coal Salaried Staff certified agreement after expiry date and s.170MH application by BHP Coal Pty Ltd for Crinum Mine re termination of the Crinum Enterprise Agreement (Staff) 1997 certifiede agreement after expiry date - Bacon C - 27 September
C37770/00, C37771/00 s.127(2) application by Amcor Packaging (Australia) Pty Limited to stop or prevent industrial action and s.166A notice by Amcor Packaging (Australia) Pty Limited trading as Amcor Fibre Packaging to bring action in tort against the AMWU re threatening to induce or procure breaches of or preventing or interfering with the performance of various contracts - Foggo C - 27 September
C36638/00 s.99 notification of a dispute by CFMEU and BJI Kitchens re clause 28 of the Furnishing Industry National Award 1999 - Hingley C - 27 September
C23120/00 s.99 notification of a dispute by ADI Limited and AMWU re stoppage of AMWU members by ADI - Jones C - 27 September
C36075/00 s.170FB application by TWU for an order re termination of employment at Quality Bakers Australia Ltd - Canberra - Harrison C - 27 September
C22774/00 s.170LW application for certification of agreement by Westpac Banking Corporation and FSU to vary re outsourcing information and technological services - Duncan SDP - 27 September
C37442/00 s.99 notification of an industrial dispute by CEPU and Skilled Engineering re the company terminating employees at Heinz site in breach of existing certified agreement - Tolley C - 27 September
C37359/00 s.99 notification of a dispute by Skilled Engineering Limited and CEPU re hours of work rosters, refusal of employees to work rostered shifts - Tolley C - 27 September
C35628/00 s.45 appeal by Polynyl Plastics Pty Ltd against the decision by Blair C in U32420/99 re termination of employment - Williams SDP, Acton SDP, Gay C - 27 September
C01002/98, C40396/98 review under s.51, Item 51, Schedule 5, transitional WROLA Act 1996 re conditions of employment for the Municipal Officers’ (Aboriginal and Islander Community Councils) Interim Award 1987 - Hodder C - 27 September
C35596/00 s.45 appeal by Helen Kyvelos against the order by Foggo C in U31007/00 (Print S7981) re extension of time - Giudice J, Acton SDP, Gay C - 27 September
C36750/00 s.99 notification of a dispute by Unilever Australia Ltd (Unilever Foods - Tatura Plant) and AMWU re attempted negotiation of a certified agreement - Tolley C - 27 September
C22774/00 s.170LW application by Westpac Banking Corporation and the FSU to vary re outsourcing information and technology services - Duncan SDP - 26 September
C23039/00 s.99 notification of a dispute by ALHMWU and Access Industries for the Disabled Limited re alleged refusal of employer to provide requested information to the union in relation to issues surrounding the employment of a member - Jones C - 26 September
C23059/00 s.99 notification of a dispute by AWU and Caltex Refineries (NSW) Pty Limited re alleged non-payment of an AWU representative - Jones C - 26 September
C37236/00, C37237/00 s.170GB application by CEPU and another for orders to consult unions and s.170FB application by CEPU and another for employment termination orders - Hingley C - 26 September
C36641/00, C23106/00 s.170MW application by Amcor Closure Systems and others for an order to suspend the bargaining periods listed in Annexure A - Munro J - 26 September
C22980/00, C22985/00 s.99 and s.127 notification by Kone Elevators Pty Limited and AMWU - Harrison C - 26 September
C37324/00, C37337/00 s.99 notification of a dispute by AMIEU and Essex Oaks Pty Limited re lockout of union members at Garfield Abbattoirs, Lovers Lane, Garfield from 13 September 2000 and s.99 notification of a dispute by Essex Oaks Pty Limited and AMIEU re employees refusing to carry out lawful directions and acting contrary to the intentions of the Act in particular to the award - Simmonds C - 26 September
C31625/00 s.99 notification of a dispute by HSUA and Austin and Repatriation Medical Centre re reduction of staff levels without consultation with union and members as per consultative agreement - Blair C - 26 September
C60724/00 s.45 appeal by AWU against the decision of Boulton J in C21602/00 - Giudice J - 25 September
C37697/00 s.99 notification of a dispute by Chubb Security Australia Pty Limited and ALHMWU re unlawful industrial action taken at Melbourne Airport by Chubb Employees - Poiltes SDP - 25 September
Week 4
C37472/00, C37469/00 s.166A notice by Gate Gourmet Australia Pty Ltd re action against TWU and s.99 notification of dispute by Gate Gourmet Australia Pty Limited and TWU re strike action bans and limitations by TWU on Gate Gourmet operations for Ansett Australia at Melbourne Airport - Acton SDP - 22 September
C23073/00 s.99 notification of a dispute by Barclay Mowlem Construction Limited and CFMEU and AMWU re claim for payment of lost time, etcetera, at the company’s “The Hudson” project - Harrison C - 22 September
C37614/00 s.127(2) application by Global Site Management trading as Kirwan Industrial Services for an order to stop or prevent industrial action - Hingley C - 22 September
C37180/00, C37411/00, C37418/00 s.127(2) application by AWU for an order to stop or prevent industrial action and s.166A notices by Nonferral (NSW) Pty Limited re action against the AWU - Foggo C - 22 September
C23051/00 s.99 notification of dispute by The Association of Professional Engineers, Scientists and Managers Australia and Rail Services Australia re alleged failure of the employer to pay an employee who has furnished a medical certificate - Harrison SDP - 21 September
C23066/00 s.99 notification of dispute by Taubmans Pty Limited and ALHMWU re alleged strike action in support of a claim that an individual employee not be disciplined for consistently poor work attendance - Munro J - 21 September
C20734/91 application by the AWU re award restructuring of the Australian Workers’ Union Construction and Maintenance Award 1989 - Watson SDP - 21 September
C37296/00 s.99 notification by Toyota Motor Corporation and AMWU re strike action implemented by members of AMWU (Techs Division) at Toyota’s Altona and Port Melbourne plants - Watson SDP - 21 September
C80047/00 notice of appeal by Gary Williams against the decision by Eames C at Darwin on 3/7/00 in U80040/00 re termination of employment - Giudice J, McIntyre VP, Hodder C - 21 September
C37374/00 s.99 notification of a dispute by Australia Post Corporation and CEPU re delivery of small parcels nationally - Blair C - 20 September
C37472/00, C37469/00 s.166A notice by Gate Gourmet Australia Pty Ltd re action against TWU and s.99 notification of dispute by Gate Gourmet Australia Pty Limited and TWU re strike action bans and limitations by TWU on Gate Gourmet operations for Ansett Australia at Melbourne Airport - Acton SDP - 20 September
C37181/00, C37216/00 s.127(2) application by Atlas Steels (Australia) Pty Limited for an order to stop or prevent industrial action and s.166A notice by Atlas Steels (Australia) Pty Limited to bring action in tort against the AMWU - Hingley C - 20 September
C36925/00 s.170LK application for certification of the North West Employment Group Agreement 2000 - Holmes C - 20 September
C60481/00 s.170LK application for certification of the Inghams Poultry Processing (Baden Street) Enterprise Agreement - O’Connor C - 20 September
C34935/00 and others s.170FB applications by Michele Tondo and others for orders under Article 12 of the termination of employment convention relating to serverance allowance or separation benefits and s.170CE applications for relief by R.G.Davies and others and Foam Textile Laminators re termination of employment - Williams SDP - 20 September
C36107/00 s.170LW application by Shop, Distributive and Allied Employees Association and Woolworths (Victoria) Pty Limited which incorporates Australian Safeway Pty Ltd for settlement of a dispute re certified agreement - Acton SDP - 20 September
C36033/00 appeal by the Commissioner for Public Employment against the decision of Eames C in C80072/98 and C00035/98 for the Northern Territory Public Service (General Conditions of Service) Award 1987 re award simplification - Giudice J, McIntyre VP, Hodder C - 20 September
C37214/00 s.45 appeal by Socobell OEM Pty Limited against the decision of Foggo C in C37547/99 re award respondency - Watson SDP - 19 September
C36686/00 s.170LJ application for certification of Flight Attendants Association of Australia Skywest Airlines Agreement 2000 - Acton SDP - 19 September
C36715/00 s.99 notification of a dispute by TCFUA and Helen Rologas Fashions re non payment of annual leave, leave loading and compulsory superannuation contribution - Williams SDP - 19 September
C60712/00 s.127(2) application by United Maintenance Pty Ltd and AMWU to stop or prevent industrial action - O’Connor C - 19 September
C60691/00 s.170LW application by The Australian Licenced Aircraft Engineers Association and Ansett Australia Ltd re notice under dispute settling procedure in the Ansett Australia Union Collective Bargaining Agreement 1999 - O’Connor C - 18 September
Week 3
C36914/00 s.99 notification of a dispute by AMIEU and P. and R. Meats Pty Limited re company’s refusal to pay a minimum day’s pay to employees - Simmonds C - 15 September
C37366/00 s.127(2) application by J.Gadsden Australia Limited for an order to stop or prevent industrial action - Watson SDP - 15 September
C00164/99 review under s.51, Item 51, Schedule 5, transitional WROLA Act 1996 re conditions of employment for the Ice Making Award 1994 - Hingley C - 15 September
C36603/00 s.127(2) application by Pacific Waste Management Pty Limited to sop or prevent industrial action in relation to negotiation of certified agreement and s.170MW application for suspension or termination of bargaining period - Polites SDP - 15 September
C50903/00 s.99 notification of a dispute by ASU and Utilities Management Pty Limited (trading as ETSA Utilities) re alleged failure of ETSA Utilities to apply wage maintenance provisions to some employees who have been disadvantaged through organisational restructuring - Harrison SDP - 15 September
C35867/99 s.99 notification of a dispute by Victorian Hospitals’ Industrial Association and HSUA re the implementation of widespread industrial action and workplace bans in the Victorian public health section for a bargaining period - Blair C - 15 September
C36215/00 s.170MA application for certification of the Central Deborah Bendigo Workplace Agreement 2000 - Holmes C - 15 September
C90382/00 s.99 notification of a dispute by CEPU and Actew Corporation re alleged dispute concerning changing of shift arrangements - Jones C - 15 September
C90383/00, C90384/00 s.127(2) application by Pacific Waste Management Pty Limited to stop or prevent industrial action in relation to negotiation of certified agreement and s.170MW application for suspension or termination of bargaining period - Polites SDP - 15 September
C51037/00 s.99 notification of a dispute by ASU and AGL South Australia Pty Ltd re alleged refusal of the employer to provide information to employees and union concerning entitlements provided to “transferred employees” - Harrison SDP - 15 September
C33042/00, C33383/00 s.170MW application by CPSU for an order to terminate the bargaining period in C35507/98 and C90235/99 - Deegan C - 15 September
C33232/96 s.99 notification of a dispute by Australian Postal Corporation and CEPU re delays in implementing an agreed transport restructure in metropolitan Victoria - Blair C - 14 September
C60712/00 s.127(2) application by United Maintenance Pty Limited to stop or prevent industrial action - Jones C - 14 September
C36603/00 s.99 notification of a dispute by Simon Engineering Pty Ltd and AMWU re matters in dispute - Hingley C - 14 September
C37236/00, C37237/00 s.170GB application by CEPU and Another for orders to consult unions and s.170FB application by CEPU and Another for employment termination orders - Hingley C - 14 September
D20006/98 s.204 application by AWU for consent to alter eligibility rules - McIntyre VP - 14 September
C50900/00 s.99 notification of a dispute by Email Limited and AMWU re application of the Email National Agreement - Foggo C - 14 September
C32261/99 s.170BD application by AMWU for an order re equal remuneration for work of equal value for the clerical employees employed as tele-sales advisors in the telephone sales centre of David Syme and Co Limited - Whelan C - 14 September
C36733/00 s.170LW application for settlement of dispute by AMWU and Colwell Pacific Pty Limited re the removal of shift allowances on public holidays and sick leave - Whelan C - 14 September
C36856/00 s.170LJ application for certification of BHP Transport and Logistics Pty Limited Port Hedland Towage Operations General Purpose Hands Certified Agreement 2000 - Duncan SDP - 14 September
C33622/00 application by AMWU to vary Mitsubishi Motors Australia Limited (Supervisory and Technical Employees) Award 1998 - Foggo C - 14 September
C40789/00 s.170LL application for certification of Jetcare - Aircraft Engineers (Virgin Blue) Agreement 2000-2002 - Hodder C - 14 September
C22538/00 application by CEPU to vary Plumbing Trades (Southern States) Construction Award 1999 re settlement orders - Harrison C - 14 September
C22771/00 appeal by CFMEU and Others against a decision by Merriman C in C33175/00 re stay order application - Duncan SDP - 14 September
C22439/00, C22676/00 s.111(1)(b) application by FSU for the making of the AGC Finance Company Award 2000 and application by ASU to vary Clerks (Finance Companies) Consolidated Award 1985 re removal of a respondent - Duncan SDP - 14 September
C37086/00 s.99 notification of a dispute by FSU and Cardlink Services Limited re failure of Cardlink Services Ltd to pay the appropriate shift allowance to casual employees who work a 12 midnight to 8am shift - Acton SDP - 14 September
C34803/00 application by ASU to vary Airline Operations - Salaried Staff (Ansett Australia) Award 1998 re arbitrated safety net adjustment - wages and allowances - Acton SDP - 14 September
C36122/00 and others s.170LJ application by various employers re building and construction industry (Plastering Industry) collective bargaining agreements 1999-2002 - Ross VP - 14 September
C34802/00 application by ASU to vary Airline Operations - Clerical and Administrative Award 1999 re arbitrated safety net adjustment - wages and allowances - Acton SDP - 14 September
C37324/00, C37337/00 s.99 notification of a dispute by AMIEU and Essex Oaks Pty Limited re lockout of union members at Garfield Abattoirs from 13/9/00 and s.99 notification of dispute by Essex Oaks Pty Limited and AMIEU re employees refusing to carry out lawful directions and acting contrary to the intentions of the Act and in particular to the award - Simmonds C - 14 September
C00939/98 review under s.51, Item 51, Schedule 51, transitional WROLA Act 1996 re conditions of employment for the Ambulance Employees - Victoria Interim Order (1994) - Holmes C - 14 September
C00762/99 review under s.51, Item 51, Schedule 51, transitional WROLA Act 1996 re conditions of employment for the Omyna Southern (Victoria) Paid Rates Award 1994 - Holmes C - 14 September
D30002/00 s.204 application by ASU for consent to alter organisations eligibility rules - Williams SDP - 14 September
C37306/00 s.127 application by Astrapak Limited t/as Southcorp Packaging, Films and Laminations - Australia for an order to stop or prevent industrial action - Tolley C - 14 September
C37296/00 s.99 notification by Toyota Motor Corporation and AMWU re strike action implemented by members of AMWU (TECS Division) at Toyota’s Altona and Port Melbourne plants - Watson SDP - 14 September
C35961/00 and others s.170LJ applications by the CFMEU Building and Construction Industry and Others re collective bargaining agreements 1999-2002 - Ross VP - 14 September
C35985/00 and others s.170XF and s.170LJ applications by the CFMEU (FEDFA Victorian Division) and Others re collective bargaining agreement 1999-2000 - Ross VP - 14 September
C21657/00 s.170LK application for the certification of the Coffs Harbour Challenge Inc. Enterprise Agreement 2000 - Drake SDP - 14 September
C34452/00 and others s.170LJ applications by MBAV/CFMEU Building and Construction Industry and Others re collective bargaining agreement 1999-2000 - Ross VP - 14 September
C51059/00, C51072/00, C51077/00 s.127(2) applications by ALHMWU and AMWU for an order to stop or prevent industrial action by Bridgestone Australia Limited - Foggo C - 14 September
C22760/00, C22761/00 s.170XF application by Salmat Teleservices for determination of designated award in relation to the Surry Hills Enterprise Agreement - Drake SDP - 14 September
C35618/00 s.170LJ application by Davids Limited trading as John Lewis Food Service and another for certification of the John Lewis Food Service and National Union of Workers (Victorian Branch) Agreement 2000 - Acton SDP - 13 September
C22777/00 s.170LK application by Spirax Sarco Pty Limited for certification of the Spirax Sarco Pty Limited (Service Department) Certified Agreement 2000 - Munro J - 13 September
C36983/00, C37088/00 s.99 notification of a dispute by FSU and Colonial Services Pty Limited and Another re failure by CSL and CBA to properly comply with redundancy, redeployment and retrenchment provisions of the Colonial Group Enterprise Agreement 1999 and s.99 notifictaion of dispute by Vivienne Belot and Others and Colonial Services Pty Limited re redundancy - Acton SDP - 13 September
C37273/00, C37329/00 s.99 notification by J.McPhee and Son (Australia) Pty Ltd and TWU of a dispute re unauthorised stop work action which commenced on 11/9/00 and s.127(2) application by J.McPhee and Son (Australia)Pty Ltd for an order to stop or prevent industrial action - Lewin C - 13 September
C37296/00 s.99 notification of a dispute by Toyota Motor Corporation and AMWU re strike action implemented by members of AMWU (T and S Division) at Toyota’s Altona and Port Melbourne plants - Watson SDP - 13 September
C32208/00, C32209/00 s.170LW application by Caltex Refineries (NSW) Pty Limited and Another for an order to terminate the bargaining period in C21287/00 and C21288/00 - Giudice J, Polites SDP, Larkin C (in absentia) - 13 September
C22774/00 s.170LW application by Westpac Banking Corporation and FSU re outsourcing the provision of most of the company’s information technology services - Duncan SDP - 13 September
C36862/00, C36805/00 s.170LS applications for certification of Irymple Citrus Products Pty Ltd Enterprise Agreement 2000-2001 and Irymple Packing Pty Ltd Enterprise Agreement 2000-2001 - Ross VP - 13 September
C36742/00 application by FSU to vary the Clerical and Salaries Staffs’ (Agribusiness) Award 1999 re arbitrated safety net adjustment - wages and allowances - Ross VP - 13 September
D30001/00 s.204 application by the CPSU for consent to alter the eligibility rule of an organisation - Duncan SDP - 13 September
C39334/99 s.45 appeal by AEU against the decision of Williams SDP in D3003/98 re registration of association - McIntyre VP, Duncan SDP, Deegan C - 13 September
C60698/00 s.170LL application for certification of Westrail Freight Employment Pty Ltd ASU/APESMA Certified Agreement 2000 - Jones C - 13 September
C60697/00 s.170LS application for certification of Path Transit Certified Agreement 2000 - Jones C - 13 September
C33500/00 s.45 appeal by M.Steven-Helmer against decision of Lewin C in U30561/00 re termination of employment - Ross VP, Acton SDP, Simmonds C - 13 September
C33622/00 s.113 application by AMWU and Mitsubishi Motors Australia Limited to vary award - Foggo C - 13 September
C22980/00 s.99 notification of a dispute by Kone Elevators Pty Limited and AMWU re bans and limitations on working of additional shifts and overtime, in support of demands for additional allowance during the Sydney 2000 Olympics - Harrison C - 13 September
C21790/00 s.170MH application re termination of agreement (public interest) - Joy Mining Machinery (Moss Vale Site) Certified Agreement 1996 - Munro J - 13 September
C22989/00 s.127(2) application by Australia Post to stop or prevent industrial action - Marsh SDP - 13 September
C36466/00, C36467/00, C36468/00, C36469/00 s.33 appliactions by the Commission’s own motion to vary re apprentices - part-time apprenticeships - Smith C - 12 September
C33042/00, C33383/00 s.170MW application by CPSU for suspension or termination of bargaining periods re termination of bargaining periods in C35507/98 between CPSU and Minister for Justice and others and C90235/99 between Australian Protective Services and CPSU - Deegan C - 12 September
C37181/00, C37216/00 s.127(2) application by Atlas Steels (Australia) Pty Ltd to stop or prevent industrial action and s.166A application to bring action in tort against the AMWU - Hingley C - 12 September
C22972/00 s.127(2) application by Harnischfeger Australia Pty Limited Trading as P & H Minepro Services (Aust) to stop or prevent industrial action - Redmond C - 12 September
C00633/98, C22304/00 application by the Media Entertainment and Arts Alliance for a review under s.51, item 51 schedule 5 transitional WROLA Act 1996 of the Theatrical Employees’ (Bibra Lakes Adventureworld) Award 1984 re award simplification - Marsh SDP - 12 September
C21882/00 s.127(2) application by BHP Steel (AIS) Pty Limited (Appin Colliery) to stop or prevent industrial action - Drake SDP - 12 September
C51048/00 s.99 notification of a dispute by CFMEU and Ceilform Pty Limited re issues arising in new enterprise bargaining agreement - Lawson C - 12 September
C22759/00 appeal by Chubb Protective Services against a decision given by Commissioner Jones re termination of employment - stay application - Harrison SDP - 12 September
C50882/00 s.99 notification of a dispute by CFMEU and Steinhoff Australia re classification of employees and skill-based career paths - Foggo C - 12 September
C36712/00 National Tertiary Education Industry Union and The University of Melbourne extract of proceedings - Duncan DP - 12 September
C37289/00, C37290/00, C37299/00 s.99 notification of a dispute by Southcorp Industrial Textiles and AMWU re serious industrial action in support of Campaign 2000 claims at the company site at Clayton, s.127(2) application by Southcorp Industrial Textiles for an order to stop or prevent industrial action, and s.170MW for an order to suspend or terminate bargaining period - Munro J - 12 September
C50900/00 s.99 notification of a dispute by Email Limited and AMWU reapplication of the Email National Agreement - Foggo C - 12 September
C35443/00 s.170LK application for the certification of the Transwest Haulage Pty Ltd (Clerks) Agreement 2000 - Lewin C - 12 September
C22969/00 s.99 notification of a dispute by NUW and Terminals Pty Ltd re termination of an employee at the company’s bulk liquid terminal - Redmond C - 12 September
C22502/00 s.99 notification of a dispute by ALHMWU and Turfside Tabaret Moe Racing Club and Others re wages and conditions of employment - Duncan DP - 12 September
C22871/00, C22872/00 s.127(2) application by CFMEU to stop or prevent industrial action re alleged requirement for employees to work contrary to their contracts of employment - Wilks C - 12 September
C50733/00 s.45 appeal by E.Stern against an order and decision given by Commissioner Jones re termination of employment - Polites SDP, Williams SDP, Lewin C - 12 September
C00761/99 review under s.51, Item 51, Schedule 51, transitional WROLA Act 1996 re conditions of employment for the NUW Cork Trades (Interim) Award 1993 - Holmes C - 12 September
C35656/00 application by the ASU to vary re hours of work - Holmes C - 12 September
C00830/99 review under s.51, Item 51, Schedule 5, transitional WROLA Act 1996 re conditions of employment for the Inteltec Communications (Victoria) Award 1996 - Holmes C - 12 September
C00558/99 review under s.51, Item 51, Schedule 51, transitional WROLA Act 1996 re conditions of employment for the Alpine Resorts (The Australian Workers’ Union) Award 1997 - Holmes C - 12 September
C36641/00 s.170MW application by Amcor Closure Systems and Others and by Natra Pty Limited for an order to suspend the bargaining periods - Munro J - 12 September
C60664/00 s.170LK application by Shire of Roebourne for certification of agreement - Jones C - 12 September
C36704/00, C36705/00 s.99 notification of dispute by Hamilton Lloyd Fire Protection & Another and CEPU re bans on plumbing contractors for the introduction of personnel - Tolley C - 12 September
C35614/00 s.99 notification of dispute by AFMEPKIU and Faulding Healthcare Pty Ltd re company refusal to classify members - Foggo C - 12 September
C36603/00 s.99 notification of dispute by Simon Engineering Pty Ltd and AFMEPKIU re matters in dispute - Hingley C - 11 September
C40930/00 s.99 notification of dispute by Qantas Airways Ltd and TWUA re overtime bans - Hodder C - 11 September
C32472/00, C32473/00 application by Australian Salaried Medical Officers Federation to vary awards - Blair C - 11 September
C41209/99 s.99 notification of dispute Ansett Australia Ltd and TWUA re application of night soil allowance - Hodder C - 11 September
C40930/00 s.99 notification of dispute by Qantas Airways Ltd and TWUA - Hodder C - 11 September
C37255/00 s.127(2) application by Venture Industries Australia Pty Ltd and AFMEPKIU for an order to stop or prevent industrial action - Munro J - 11 September
C22925/00 s.99 notification of dispute by CEPU and Australia Post Corporation re payment of facility bonus - Marsh SDP - 11 September
C22817/00 s.99 notification of dispute by United Collieries Pty Ltd and CFMEU re implementation - Wilks C - 11 September
C33923/00 s.99 notification of dispute by AFMEPKIU and The Age Company Ltd re selection process for night shift printers - Whelan C - 11 September
C35112/00 s.99 notification of dispute by Holden Ltd and AFMEPKIU and others re bans on computer equipment and overtime in regard to application for the company’s diversity policy - Watson SDP - 11 September
C37094/00 s.99 notification of dispute by Yale Asia Pacific and AFMEPKIU re enterprise bargaining and the union banning their members from a customer’s site - Watson SDP - 11 September
C35478/00 appeal by P. Paisley against the decision of SDP Acton in U33247/99 re termination of employment - Munro J, Williams SDP, Smith C - 11 September
R20826/00 s.285A application by CSR Limited trading as CSR Humes and Andrew Ferguson, Phil Davey and Malcolm French for revocation of permits to enter and inspect premises - M. Ellis DIR - 11 September
C51069/00 s.170MA application by Adelaide Brighton Cement Ltd to suspend or terminate bargaining period - McCutcheon C - 11 September
C51030/00, C51059/00, C51072/00 s.99 notification of dispute by ALHMWU and Bridgestone Aust Ltd re proposed redundancies at Salisbury Tyre Plant and s.127(2) for an order to stop or prevent industrial action - Foggo C - 11 September
C22163/00 application by ALHMWU to vary re redundancy provisions - Jones C - 11 September
C90296/00 application by Confederation of A.C.T. Industry to vary award - Jones C - 11 September
C37094/00 s.99 notification of dispute by Yale Asia Pacific and AFMEPKIU re enterprise bargaining and the union banning their members from a customer’s site - Watson SDP - 11 September
D20006/98 s.204 application by AWU to alter eligibility rules - McIntyre VP - 11 September
C33837/00 s.170LW application re settlement of dispute National Tertiary Education Industry Union and University of Adelaide - Duncan SDP - 11 September
C51069/00 s.170MA application by Adelaide Brighton Cement Ltd to suspend or terminate bargaining period - McCutcheon C - 11 September
C22607/00 s.170LK application for certification of the First Direct Private Security Employment Agreement 2000 - Harrison SDP - 11 September
Week 2
C22943/00 s.99 notification of dispute by Qantas Airways Limited and TWU re alleged claim by TWU for an additional payment over the Olympic period - Duncan SDP - 8 September
C22859/00, C22860/00, C22861/00 s.127(2) applications to stop or prevent industrial action by BT Hotels Ltd and AH and s.170MW application by AHA re suspension or termination of bargaining period in C22711/00 - Raffaelli C - 8 September
C22870/00 s.99 notification of dispute by Bradshaw Pacific Pty Limited and CFMEU re dispute and claims on behalf of subcontractor - Harrison C - 8 September
C21117/00 s.99 notification of dispute by Ray Harwood and others and Rail Services Australia re remuneration, appropriate grading of employees - Jones C - 8 September
C00748/00 application for a review under s.51, item 51 schedule 5 transitional WROLA Act 1996 of the Tenpin Bowling (Managers) Award 1972 re conditions of employment, item 51 review - Jones C - 8 September
R20826/00 s.285A application by CSR Limited Trading as CSR Humes and Andrew Ferguson, Phil Davey and Malcolm French for revocation of permits to enter and inspect premises - M. Ellis DIR - 8 September
C40842/00 s.170MD(2) application by the Local Government Association for Whitsunday Shire Council for approval to vary the Whitsunday Shire Council Certified Agreement 2000 - Bacon C - 8 September
C22874/00, C22876/00, C22887-9/00, C22877/00, C22875/00 s.127(2) application by Australian Hotels Association to stop or prevent industrial action and s.170MW application by Hilton Hotels of Australia Pty Limited for suspension or termination of bargaining period - Raffaelli C - 8 September
C22829/00 s.170LK application for the certification of the Villaroy & Boch Certified Agreement 2000 - Duncan SDP - 8 September
C22830/00 s.170LK application by the Australian Retailers Association for the certification of Barbeques Galore Certified Agreement 2000 - Duncan SDP - 8 September
C22932/00 s.99 notification of dispute Brooks Transport and TWUA re request to have truck wash allowances increased above the rates prescribed in the agreement - Hoffman C - 8 September
C22764/00 s.99 notification of dispute Guardian Projects Pty Ltd and CFMEU - Harrison C - 8 September
C36376/00 s.99 notification of dispute by ANF and Hastings Regional Nursing Home re non-payment of accrued employment entitlements to the estate of J.Campbell - Gay C - 7 September
C22391/99, C22392/99 s.99 notification of disputes by Textile, Clothing and Footwear Union of Aust and AE Corp Pty Ltd and others and Allied Sportswear Pty Ltd and others re log of claims - Cargill C - 7 September
C22884/00, C22885/00, C22886/00 s.127(2) applications by Kyo-Ya OceanicCo Ltd t/as Renaissance Sydney Hotel and s.170MW application Kyo-Ya OceanicCo Ltd t/as Renaissance Sydney Hotel re suspension or termination of bargaining period in C22716/00 - Duncan SDP - 7 September
C22881/00, C22882/00, C22883/00 s.127(2) applications by AHA and Lilydale Hotel Pty Ltd t/as ANA Hotel and s.170MW application Lilydale Hotel Pty Ltd t/as ANA Hotel re suspension or termination of bargaining period in C22717/00 - Duncan SDP - 7 September
C22878/00, C22879/00, C22880/00 s.127(2) applications by AHA and OSW Properties Pty Ltd t/as Avillion Hotel and s.170MW application by OSW Properties Pty Ltd t/as Avillion Hotel Sydney re suspension or termination of bargaining period in C22715/00 - Duncan SDP - 7 September
C22805/00, C22811/00 s.127(2) application Australian Hotels Association re industrial action commenced by the ALHMWU at the premises of the Regent Hotel, Sydney and s.170MW application re: termination or suspension of a bargaining period between ALHMWU and SR Hotel Operations (Australia) Pty Limited trading as the Regent Hotel, Sydney - Duncan SDP - 7 September
C36716/00, C22840/00 s.99 notification of disputes ARTBIU and National Rail Corporation Ltd re hours of work and introduction of changes to the “MasterRoster” - Jones C - 7 September
C22794/00 s.99 notification of dispute AMACSU and FreightCorp re alleged change of rostered working from a 9 day fortnight to a 19 day month - Jones C - 7 September
C00636/98, C20837/99, C22629/99, C22303/00 application for review under s.51, item 51 schedule 5 WROLA Act 1996 to vary re award simplification and safety net review 1999 For report back - Polites SDP - 7 September
C22412/00, C22413/00, C22342/00 applications by The Australian Maritime Officers’ Union and others to vary re award respondency - Raffaelli C - 7 September
C22823/00 s.170LW application by SDAEA and Coles Supermarket Australia Pty Ltd re company’s alleged requirement for an employee to work a roster that is unworkable due to transport difficulties and will also cause loss of income - Raffaelli C - 7 September
C24078/99 application by AFMEPKIU to vary re setting aside of award - Cargill C - 6 September
C22616/00, C22617/00, C22618/00 applications by the Theatre Managers Association to vary re safety net review 2000 - Polites SDP - 6 September
C22463/00, C22464/00, C22465/00 applications by the Musicians’ Union of Australia vary re travelling allowance - Polites SDP - 6 September
C21097/00, C21100/00, C21098/00, C22099/00, C22100-6/00 applications by the Musicians’ Union of Australia vary re recommendations and other allowances allowance - Polites SDP - 6 September
C21425/00, C21331/00 appeals by Qantas Airways Limited and Joseph Seno against decisions of SDP Drake in U20115, U20116, U20118 & U2018/99 re termination of employment - Harrison SDP, Duncan SDP, Raffaelli C - 6 September
C22865/00 s.170LJ application by Sydney Opera House Trust and NSW Public Employment Office and MEAA for certification of the Sydney Opera House Enterprise Development Agreement 2000 - Polites SDP - 6 September
C22893/00 s.99 notification of dispute by ASU and TNT Australia Pty Limited re alleged relocation/co-location of TNT AAF employees at Mascot - Duncan SDP - 5 September
C36313/00 s.99 notification of dispute by HSUA and Austin and Repatriation Medical Centre re failure to consult regarding rotation of staff and stand down of member - Blair C - 4 September
C22895/00 s.99 notification of dispute Linfox Transport (Aust) Pty Ltd and CFMEU re industrial action by CFMEU members over non-engagement of agency casuals at Linfox’s CSR contract site at Oberon - Munro J - 4 September
C22870/00, C22890/00 s.99 notification of dispute Bradshaw Pacific Proprietary Ltd and CFMEU re claims on behalf of subcontractor and s.166A application restrictions in tort by Bradshaw Pacific Proprietary Ltd - Harrison C - 4 September
D30001/00 s.204 application to alter eligibility rules - Duncan SDP - 4 September
Week 1
C36701/00 s.99 notification of dispute by Coles Myer Logistics Pty Limited and SDAEA re application by Coles Myer Logistics Pty Limited to hold a secret ballot regarding a package for a new enterprise agreement - Acton SDP - 1 September
Updated time
Last updated
27 August 2019
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