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2006 November 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
AG2006/4582 s.170MD(6) pre-reform Act - application for variation of certified agreement to remove ambiguity by Qantas Airways Limited and AIPA– Raffaelli C – 30 November
C2006/2938 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by FSU and National Australia Bank Limited – Smith C – 30 November
C2006/3262 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Feltex Australia Pty Ltd and TCFUA – Watson SDP – 30 November
C2006/3957 s.496(1) application for order against industrial action (federal system) by Smorgon Steel (Services) Pty Ltd and AWU – Hingley C - 30 November
RE2006/2869 s.771(4) application for order by Commission (unreasonable request) by AMIEU and Castricum Brothers Pty Ltd - Lawler VP - 30 November
C2006/2938 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by FSU and National Australia Bank Limited – Smith C – 29 November
C2006/3262 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Feltex Australia Pty Ltd and TCFUA – Watson SDP – 29 November
C2006/3268 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by TWU and Qantas Airways Limited – Lawson C – 29 November
C2006/3868 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AMWU and ETRS Pty Ltd – Blair C – 29 November
BP2006/3687 & others s.451(1) application for order for protected action ballot to be held by CFMEU and GBG Concrete and Plastering Pty Ltd & others – Watson SDP – 29 November
BP2006/3787 s.451(1) application for order for protected action ballot to be held by AMWU and Amcor Cartons Enfield – Harrison C – 29 November
BP2006/3797 s.451(1) application for order for protected action ballot to be held by AMWU and Coghlan-Russell Engineering Propriety Limited – Hingley C – 29 November
C2006/3915 s.496(1) application for order against industrial action (federal system) by Amcor Aerosols and AMWU & other – Cargill C - 29 November
C2006/3946 s.496(1) application for order against industrial action (federal system) by Toll North Pty Ltd and TWU – Harrison SDP - 29 November
C2006/3211 s.120 appeal to Full Bench by Chand, Bimla – Lawler VP, McCarthy DP, Redmond C - 28 November
C2006/3238 s.120 appeal to Full Bench by Palmer, Norman George – Lawler VP, McCarthy DP, Redmond C - 28 November
D2006/66 s.158(1) application of RAO Schedule by FSU for alteration of eligibility rules - Kaufman SDP - 28 November
C2006/2938 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by FSU and National Australia Bank Limited – Smith C – 28 November
C2006/3472 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by ASU- South Australian and Northern Territory Branch and Darwin Aboriginal & Islander Womens Shelter (DAIWS) – Lawson C – 28 November
C2006/3891 s.496(1) application for order against industrial action (federal system) by Esso Australia Pty Ltd Australia Resources Pty Ltd and AMWU & others – Lacy SDP - 28 November
C2006/3238 & C2006/3255 s.120 appeal to Full Bench by Palmer, Norman George & other – Lawler VP, McCarthy DP, Redmond C - 27 November
AG2006/4643 & AG2006/4644 s.170MD(6) per-reform Act - application by Onesteel NSW Pty Limited for variation of certified agreement to remove ambiguity - Blair C - 27 November
C2006/3262 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Feltex Australia Pty Ltd and TCFUA – Watson SDP – 27 November
C2006/3812 s.496(1) application for order against industrial action (federal system) by Nestle Australia Ltd and AMWU – Blair C - 27 November
AG2006/4514 s.591 application for an order under s.590(1)(transmission of collective agreement) by CFMEU and Fugen Masonry Pty Limited Fugen Group of Companies – Harrison C – 27 November
Week 4
C2006/3139 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by ARTBIU and ASU Rail Infrastructure Corporation – Hamberger SDP – 24 November
C2006/1092 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by NTEU and Curtin University of Technology – Blain DP – 23 November
C2006/2878 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CPSU and Department of Justice – Hamilton DP – 23 November
C2006/3268 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by TWU and Qantas Airways Limited – Lawson C – 23 November
D2006/76 s.278(1) application of RAO Schedule - commission to be advised of breaches of Part or rules by AHA-New South Wales Branch – Watson VP – 23 November
C2006/3116 s.120 appeal to Full Bench by Eyre, Edward – Giudice J, Watson SDP, Blair C - 22 November
C2006/2974 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Bovis Lend Lease Pty Limited and CFMEU – Ives DP – 22 November
BP2006/222 & BP2006/3713 s.451(1) application for order for protected action ballot to be held by NUW and Paperlinx Limited – Lawson C – 22 November
C2006/3729 s.496(1) application for order against industrial action (federal system) by Paccar Australia Pty Ltd and AMWU (Extract of Transcript of Proceedings) – Gay C - 22 November
C2006/3107 s.120 appeal to Full Bench by Village Roadshow Limited – Drake SDP, Kaufman SDP, Eames C - 21 November
C2006/3272 s.120 appeal to Full Bench by ASU – Giudice J, Watson SDP, Blair C - 21 November
C2006/2974 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Bovis Lend Lease Pty Limited and CFMEU – Ives DP – 21 November
C2006/267 s.496(1) application for order against industrial action (federal system) by Commonwealth steel Company Ltd t/as Smorgan Steel and AWU & others – Marsh SDP - 21 November
C2006/3136 s.120 appeal to Full Bench by Allan James – Drake SDP, Kaufman SDP, Eames C - 20 November
BP2006/3705 s.451(1) application for order for protected action ballot to be held by AMWU and Apollo General Engineering (Aust) Pty Ltd – Blair C – 20 November
C2006/173 and others s.553(1) and clause 29 schedule 6 applications by CFMEU and others to vary various awards re wages and allowances review 2006 – Giudice J, Lawler VP, Marsh SDP, Kaufman SDP, Grainger C – 20 November
Week 3
C2006/3446 s.496(1) application for order against industrial action (federal system) by Australian Rail Track Corporation Ltd and ARTBIU – Hamberger SDP - 17 November
RE2006/15 s.772(2) application for orders by Commission about operation of Part 15 by ASU and Australian Taxation Office - Lawler VP - 17 November
D2006/65 s.158(1) application of RAO Schedule by CAOOAA for alteration of eligibility rules - Lacy SDP - 16 November
BP2006/3648 s.451(1) application for order for protected action ballot to be held by AMWU and Visypak Operations Pty Ltd & other – Simmonds C – 16 November
C2006/3384 s.496(1) application for order against industrial action (federal system) by APV Automotive Components Pty Ltd and AMWU – Blair C - 16 November
C2006/3446 s.496(1) application for order against industrial action (federal system) by Australian Rail Track Corporation Ltd and ARTBIU – Hamberger SDP - 16 November
C2006/3262 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Feltex Australia Pty Ltd and TCFUA – Watson SDP – 14 November
C2006/3319 s.496(1) application for order against industrial action (federal system) by Qantas Airways Limited and ALAEA – Raffaelli C - 14 November
C2006/3320 s.496(1) application for order against industrial action (federal system) by Hydro Aluminium Kurri Kurri Pty Ltd and AWU – Larkin C - 14 November
C2006/3335 s.496(1) application for order against industrial action (federal system) by Smorgon Steel (Services) Pty Ltd and AWU – Hingley C - 14 November
C2006/169 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CFMEU and Mining and Maintenance Support Pty Ltd – Roberts C – 13 November
C2006/3017 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AMWU and Australian Automotive Air Pty Ltd – Blair C – 13 November
C2006/3262 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Feltex Australia Pty Ltd and TCFUA – Watson SDP – 13 November
C2005/5798 s.170LW application for settlement of dispute (certification of agreement) by CPSU-PSU Group, Victorian Region Mr Ron Lever and Australian Nuclear Scientists and Technology Organisation – Drake SDP – 13 November
BP2006/3648 s.451(1) application for order for protected action ballot to be held by AMWU and Visypak Operations Pty Ltd – Simmonds C – 13 November
BP2006/3654 s.451(1) application for order for protected action ballot to be held by AMWU and Berendsen Fluid Power Pty Ltd – Blair C – 13 November
Week 2
C2006/3250 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by ALAEA and Another V – Raffaelli C – 10 November
C2006/3262 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Feltex Australia Pty Ltd and TCFUA – Watson SDP – 10 November
BP2006/3607 s.451(1) application for order for protected action ballot to be held by AMWU and Visypak Operations Pty Ltd – Blair C – 10 November
C2006/3259 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Toll Transport Pty Ltd and Maritime Union of Australia – Raffaelli C – 9 November
C2006/3284 and others s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AMWU and Tri-Star Steering and Suspension Australia Limited & others – Cargill C – 9 November
BP2006/3608 s.451(1) application for order for protected action ballot to be held by AMWU and Amcor Cartons Australasia (A Division of Amcor Ltd) Heidelberg Plant – Simmonds C – 9 November
C2006/1068 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Alcoa of Australia Limited and AMWU – Williams C – 7 November
C2006/3010 & C2006/3011 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CEPU and Telstra Corporation Limited, s.669 application for orders to consult unions - CEPU and Telstra Corporation Limited – Smith C – 7 November
C2006/3295 s.496(1) application for order against industrial action (federal system) by ACT Emergency Services Authority and TWU-New South Wales Branch – Deegan C - 7 November
AG2006/4635 s.170MH pre-reform Act - Application by Tristar Steering and Suspension Australia Ltd to terminate agreement (public interest) – Marsh SDP - 6 November
C2006/3127 s.553(1) - application for variation of award (maintain minimum. safety net entitlements) by ASU – O’Callaghan SDP – 6 November
C2006/3010 & C2006/3011 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CEPU and Telstra Corporation Limited, s.669 application for orders to consult unions - CEPU and Telstra Corporation Limited – Smith C – 6 November
Week 1
C2006/3246 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CEPU and Australia Post – Foggo C – 3 November
C2006/3262 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Feltex Australia Pty Ltd and TCFUA – Watson SDP – 3 November
C2006/3273 s.496(1) application for order against industrial action (federal system) by Technip Oceania Pty Ltd and CEPU – Eames C - 3 November
C2006/3151 s.120 appeal to Full Bench by Envotec Pty Ltd t/as Australian Envelopes – Watson VP, Marsh SDP, Tolley C - 2 November
BP2006/3606 s.451(1) application for order for protected action ballot to be held by AMWU and Unimin Australia Limited – Hingley C – 2 November
BP2006/3607 s.451(1) application for order for protected action ballot to be held by AMWU and Visypak Operations Pty Ltd – Blair C – 2 November
BP2006/3608 s.451(1) application for order for protected action ballot to be held by AMWU and Amcor Cartons Australasia (A Division of Amcor Ltd) Heidelberg Plant – Simmonds C – 2 November
BP2006/3615 s.451(1) application for order for protected action ballot to be held by AMWU and John Holland Engineering Pty Ltd – Gay C – 2 November
BP2006/3616 s.451(1) application for order for protected action ballot to be held by ANF and ML & C Twenty-Four Pty Ltd – Cribb C – 2 November
C2006/3262 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Feltex Australia Pty Ltd and TCFUA – Watson SDP – 1 November
Updated time
Last updated
28 August 2019
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