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2006 August 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
AG2006/4513 s.170MH pre-reform Act - application to terminate agreement (public interest) by Mechanical Engineering Services Pty Ltd – Acton SDP – 31 August
C2006/2952 s.120 appeal to Full Bench by Tyco Australia Pty Ltd t/as Wormald – Giudice J, Lawler VP, Williams C - 30 August
BP2006/3266 s.451(1) application for order for protected action ballot to be held by AMWU and Mayfield Engineering Pty Ltd trading as Metlabs – Acton SDP – 30 August
BP2006/3272 s.451(1) application for order for protected action ballot to be held by CEPU and Super Glass (Australia) Pty Ltd – Hingley C – 30 August
C2005/4611 s.45 appeal to Full Bench by UFUA – Lawler VP, Watson VP, Williams C - 29 August
C2006/2856 s.120 appeal to Full Bench by Litigators Pty Ltd – Harrison SDP, Lacy SDP, Larkin C - 29 August
C2006/2932 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CFMEU and Timbertruss Geelong Pty Ltd – Hingley C – 29 August
C2006/2956 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by MEAA and Melbourne & Olympic Parks Trust – Lewin C – 29 August
C2006/2621 s.120 appeal to Full Bench by Public Interest Advocacy Centre – Harrison SDP, Cartwright SDP, Larkin C - 28 August
C2006/2869 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AMIEU and Inghams Enterprises (Thomastown) – Smith C – 28 August
C2006/2935 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AMWU and Toyota Motor Corporation Australia Ltd – Gay C – 28 August
C2006/2954 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AWU and Melbourne & Olympic Parks Trust – Lewin C – 28 August
Week 4
BP2006/3263 s.451(1) application for order for protected action ballot to be held by CEPU and Woolworths Limited – Richards SDP – 25 August
AG2006/4580 clause 14 Schedule 9 – application whether an employer is bound by a pre-reform certified agreement by Action Supermarkets Pty Ltd and SDAEA - Richards SDP - 25 August
C2006/2910 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CPSU and Victorian Workcover Authority – Smith C – 25 August
BP2006/3226 s.451(1) application for order for protected action ballot to be held by AMWU and Mechanical Engineering Services Pty Ltd Mechanical Engineering Services Pty Ltd – Acton SDP – 25 August
C2006/2952 s.120 appeal to Full Bench by Tyco Australia Pty Ltd t/as Wormald – Lawler VP - 24 August
C2006/2938 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by FSU and National Australia Bank Limited – Smith C – 24 August
BP2006/3249 s.451(1) application for order for protected action ballot to be held by AMWU and Radio Rentals Limited – O’Callaghan SDP – 24 August
C2006/2777 clause 4 Schedule 10 – orders re representation rights of transitionally registered associations of employees application by AWU of employees Queensland and Federated Engine Drivers’ and Firemen’s Association of Australasia Queensland Branch & others - Watson VP - 23 August
AG2006/4565 s.170MH pre-reform Act - application to terminate agreement (public interest) by CSL Australia Pty Ltd and AIMPE – Raffaelli C – 23 August
C2006/2934 s.120 appeal to Full Bench by Country Fire Authority – Watson VP, Lacy SDP, Hingley C - 22 August
C2006/2767 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CDK Commercial Construction Pty Ltd and CFMEU – Ives DP – 22 August
C2006/2905 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by ASU and Australian Health Management Limited – Raffaelli C – 22 August
C2006/1339 s.170VM(3) application for termination of an AWA by the Commission by Cobham Flight Operations and Services (Australia) and Mr A King & Mr L Kruger – O’Callaghan SDP - 22 August
C2006/2818 s.45 appeal to Full Bench by Chand, Mukesh – Acton SDP, Kaufman SDP, Whelan C - 21 August
BP2006/3195 s.451(1) application for order for protected action ballot to be held by AMWU and Bradken Resources Pty Limited – Spencer C – 21 August
Week 3
C2006/1048 s.45 appeal to Full Bench by Christos, George – Harrison SDP - 18 August
C2006/2921 s.496(1) application for order against industrial action (federal system) by Siemens Ltd and CFMEU & others – Ives DP - 18 August
C2006/2931 s.496(1) application for order against industrial action (federal system) by Hawker De Havilland Aerospace Pty Ltd and AMWU & others – Acton SDP - 18 August
C2006/2929 s.120 appeal to Full Bench by Australian Electoral Commission – Harrison SDP - 17 August
D2006/58 s.158(1) application of RAO Schedule by Australian and International Pilots Association for alteration of eligibility rules - Kaufman SDP - 17 August
C2006/1847, C2005/4986 s.170LW application for settlement of dispute (certification of agreement) by NUW and Murray Goulburn Co-Operative Company Limited & other – Eames C – 17 August
C2006/2229 s.170LW application for settlement of dispute (certification of agreement) by SDAEA and Coles Myer Logistics Pty Ltd – Richards SDP – 17 August
C2006/2594 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by NUW and Nestle Australia Limited – Eames C – 17 August
C2005/6183 s.170LW application for settlement of dispute (certification of agreement) by ARTBIU and Pacific National Association of Professional Engineers, Scientists and Managers, Australia, & other – Harrison SDP – 17 August
BP2006/3213 s.451(1) application for order for protected action ballot to be held by AMWU and Woolworths Limited – Richards SDP – 17 August
BP2006/3224 s.451(1) application for order for protected action ballot to be held by UFUA and Country Fire Authority – Foggo C – 17 August
C2006/2914 s.496(1) application for order against industrial action (federal system) by Terminals Pty Ltd and NUW – Hamberger SDP - 17 August
C2006/2921 s.496(1) application for order against industrial action (federal system) by Siemens Ltd and CFMEU & others – Ives DP - 17 August
C2006/2573, C2006/2579 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AMWU and Hawker De Havilland Pty Ltd & others – Hingley C – 16 August
C2006/2767 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CDK Commercial Construction Pty Ltd and CFMEU – Ives DP – 16 August
C2006/2898 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by APESMA and AGL Electricity Ltd AGL/Agility Australian Municipal, Administrative, Clerical and Services Union – Mansfield C – 16 August
AG2006/4513 s.170MH pre-reform Act - application to terminate agreement (public interest) by Eliott Engineering Pty Ltd – Acton SDP – 16 August
AG2006/4506 s.170MH pre-reform Act - Application by F.I.P Pty Ltd and NUW-New South Wales Branch & other to terminate agreement (public interest) – Marsh SDP - 15 August
AG2006/4562 s.170MH pre-reform Act - Application by Tibaldi Small Goods (Australasia) Pty Ltd to terminate agreement (public interest) – Grainger C - 15 August
BP2006/3181 s.451(1) application for order for protected action ballot to be held by CPSU and Australian Broadcasting Corporation – Lawler VP – 15 August
Ceremonial Sitting In Welcome for Commissioner Williams, Perth - 14 August 2006
C2006/2748 s.120 appeal to Full Bench by CEPU – Watson SDP, Blain DP, Smith C - 14 August
C2006/1847, C2005/4986 s.170LW application for settlement of dispute (certification of agreement) by NUW and Murray Goulburn Co-Operative Company Limited & other – Eames C – 14 August
AG2006/4506 s.170MH pre-reform Act - Application by F.I.P Pty Ltd and NUW-New South Wales Branch & other to terminate agreement (public interest) – Marsh SDP - 14 August
C2006/1066 s.552 - application for variation of award (general) by Ohiwa Pty Ltd – Lawler VP – 14 August
C2006/2770 s.558(1) - application to be bound by an award (agreement between employer and employee) by Timevale Pty Ltd t/as Aussie World and The Ettamogah Pub – Lacy SDP – 14 August
Week 2
BP2006/3191 s.451(1) application for order for protected action ballot to be held by APESMA and NCR Australia Pty Ltd – Grainger C – 11 August
C2006/2908 s.496(1) application for order against industrial action (federal system) by Southcorp Wines Pty Ltd and AWU– Whelan C - 11 August
BP2006/3145 s.451(1) application for order for protected action ballot to be held by AMWU and EDI Rail Pty Ltd– Cartwright SDP – 11 August
C2006/2641 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by NTEU and Victoria University – Kaufman SDP – 9 August
C2006/2699 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AIPA and Qantas Airways Limited – Raffaelli C – 9 August
C2006/2838 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CPSU and Victorian Workcover Authority – Grainger C – 9 August
AG2006/4555 s.170MH pre-reform Act - application to terminate agreement (public interest) by OSI International Foods (Australia) Pty Ltd and AMIEU – Roberts C – 9 August
BP2006/3172 s.451(1) application for order for protected action ballot to be held by NUW and Blue Circle Transport Pty Ltd– Watson VP – 9 August
BP2006/3181, BP2006/3183 s.451(1) application for order for protected action ballot to be held by CPSU and Australian Broadcasting Corporation & others – Lawler VP – 9 August
C2006/2527 s.120 appeal to Full Bench by Fox, Greg - March SDP, Harrison SDP, Gay C - 8 August
C2006/2087 s.170LW applications for settlement of dispute by CEPU and Australia Post - Drake SDP - 8 August
C2006/2607 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AMWU and ACI Glass Packaging Australia Pty Ltd – Blair C – 8 August
C2006/2641 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by NTEU and Victoria University – Kaufman SDP – 8 August
C2006/2712 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CEPU and Australian Postal Corporation – Drake SDP – 8 August
AG2006/4513 s.170MH pre-reform Act - application to terminate agreement (public interest) by Eliott Engineering Pty Ltd – Acton SDP – 8 August
C2006/2877 s.496(1) application for order against industrial action (federal system) by Amcor Flexibles Australasia A Division of Amcor Packaging (Australia) Pty Ltd Preston Plant and AMWU – Eames C - 8 August
C2006/2576 s.553(1) - application for variation of award(maintain min. safety net entitlements) by AMIEU – Grainger C – 8 August
C2006/1084, C2006/1085, C2006/1088 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CFMEU-Construction and General Division, WA Divisional Branch and Leighton Kumagai Joint Venture & others – Gregor C – 7 August
C2006/2542 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by The Police Association and Victoria Police Force – Hamilton DP – 7 August
C2006/2641 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by NTEU and Victoria University (Extract of Transcript of Proceedings) – Kaufman SDP – 7 August
C2006/2641 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by NTEU and Victoria University – Kaufman SDP – 7 August
BP2006/3143, BP2006/3144 s.451(1) application for order for protected action ballot to be held by CFMEU and BP Refinery (Bulwer Island) Pty Ltd & others – Bacon C – 7 August
BP2006/3145 s.451(1) application for order for protected action ballot to be held by AMWU and EDI Rail Pty Ltd– Cartwright SDP – 7 August
Week 1
C2003/6317 s.170LW application for settlement of dispute (certification of agreement) by MUA and Teekay Shipping (Australia) Pty Ltd – Raffaelli C – 4 August
C2006/2711 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by ARTBIU and Railcorp – Larkin C – 4 August
C2006/2750 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by The Police Association and Victoria Police Force – Hamilton DP – 4 August
C2006/2858 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Ms Dianne Rich and CEPU – Whelan C – 4 August
BP2006/3131 s.451(1) application for order for protected action ballot to be held by CEPU and Tyco Australia Pty Ltd t/as Wormald – Ives DP – 4 August
BP2006/3143, BP2006/3144 s.451(1) application for order for protected action ballot to be held by CFMEU and BP Refinery (Bulwer Island) Pty Ltd & others – Bacon C – 4 August
BP2006/3145 s.451(1) application for order for protected action ballot to be held by AMWU and EDI Rail Pty Ltd– Cartwright SDP – 4 August
C2006/1048 s.45 appeal to Full Bench by Christos, George – Harrison SDP - 3 August
C2006/2866 s.120 appeal to Full Bench by Trinity Garden Aged Care (Extract of Transcript of Proceedings) – Watson SDP, Acton SDP, Smith C - 3 August
C2006/2866 s.120 appeal to Full Bench by Trinity Garden Aged Care – Watson SDP, Acton SDP, Smith C - 3 August
C2006/2836 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CPSU and Department of Sustainability and Environment – Gay C – 3 August
BP2006/3131 s.451(1) application for order for protected action ballot to be held by CEPU and Tyco Australia Pty Ltd t/as Wormald – Ives DP – 3 August
C2006/2877 s.496(1) application for order against industrial action (federal system) by Amcor Flexibles Australasia A Division of Amcor Packaging (Australia) Pty Ltd Preston Plant and AMWU – Eames C - 3 August
C2006/2866 s.120 appeal to Full Bench by Trinity Garden Aged Care – Watson SDP - 2 August
C2006/2229 s.170LW application for settlement of dispute (certification of agreement) by SDAEA and Coles Myer Logistics Pty Ltd – Richards SDP – 2 August
AG2006/4554 s.170MH pre-reform Act - application to terminate agreement (public interest) by AWU – Bartel C – 2 August
BP2006/3110 s.451(1) application for order for protected action ballot to be held by TWU and Sita Australia Pty Ltd – Hamberger SDP – 2 August
BP2006/3114 s.451(1) application for order for protected action ballot to be held by FSU and Police Association Credit Co-Operative Ltd – Smith C – 2 August
BP2006/3128 s.451(1) application for order for protected action ballot to be held by AMWU and Woolworths (QLD) Pty Ltd – Richards SDP – 2 August
RE2006/2217 s.748(9) application to commission for access to non-member records by MEAA-Western Australian Branch and West Australian Newspapers Limited - McCarthy DP - 2 August
Updated time
Last updated
28 August 2019
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