2008 January transcripts

Table of contents

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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.

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

C2007/3835 & C2007/3838 s.120 appeal to Full Bench by Rail Corporation New South Wales & other – Giudice J, Hamberger SDP, Deegan C – 31 January

AG2006/3173 s.170LJ agreement with organisations of employees (division 2) - application by National Australia Bank Limited and FSU-Victorian and Tasmanian Branch – Smith C– 31 January

C2007/3806 s.120 appeal to Full Bench by C Chrysostomou – Giudice J, Cartwright SDP, Deegan C – 30 January

C2007/3848 s.120 appeal to Full Bench by RA Gladman – Giudice J, Cartwright SDP, Deegan C – 30 January

C2007/3800 s.120 appeal to Full Bench by ASU – Lacy SDP, Hamilton DP, Williams C – 29 January

C2007/988 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by APESMA and Camberwell Coal Pty Limited – Roberts C – 29 January

C2008/2194 s.496(1) application for order against industrial action (federal system) by TNT Australia Pty Ltd and TWU (Extract of Transcript of Proceedings) – Hoffman C – 28 January

Week 4

C2008/2172 clause 33 Schedule 6 – application for notification of industrial dispute by New South Wales Nurses' Association and Berala the Park Nursing Home/Nicrig Pty Ltd – Roberts C - 25 January

AG2006/3173 s.170LJ agreement with organisations of employees (division 2) - application by National Australia Bank Limited and FSU-Victorian and Tasmanian Branch –Smith C– 25 January

C2008/2001 s.496(1) application for order against industrial action (federal system) by P&O Ports Limited and MUA-Western Australian Branch – Williams C – 25 January

C2007/3835 & C2007/3838 s.120 appeal to Full Bench by Rail Corporation New South Wales & other – Deegan C – 24 January

C2008/2001 s.496(1) application for order against industrial action (federal system) by P&O Ports Limited and MUA-Western Australian Branch – Williams C – 24 January

C2008/2178 s.496(1) application for order against industrial action (federal system) by Qantas Airways Limited and ALAEA – Lawson C – 23 January

C2007/3865 s.554(1) application for variation of award (other grounds) by LHMU – Lawson C - 23 January

C2008/2169 s.120 appeal to Full Bench by AMWU – Acton SDP, Hamilton DP, Eames C – 22 January

BP2008/2167 s.451(1) application for order for protected action ballot to be held by CEPU and Cadbury Schweppes Australia Limited – Eames C – 22 January

C2007/3891 s.553(1) application for variation of award (maintain minimum. safety net entitlements) by AWU – Larkin C - 22 January

BP2008/2005 s.451(1) application for order for protected action ballot to be held by AMWU and HEA Australia Pty Ltd – Williams C – 21 January

Week 3

C2008/2174 s.496(1) application for order against industrial action (federal system) by GEO Group Australia Pty Limited and LHMU (Extract of Transcript of Proceedings) – Hoffman C – 19 January

C2008/8 s.496(1) application for order against industrial action (federal system) by Coles Group Logistics Pty Ltd and NWU – Watson VP – 17 January

C2007/2801 s.553(1) application for variation of award (maintain minimum. safety net entitlements) by ANF – Cribb C - 17 January

C2007/3734 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by ASU and Rail Corporation New South Wales – Hamberger SDP – 16 January

BP2008/2162 s.451(1) application for order for protected action ballot to be held by NUW and Ridley Agriproducts Pty Ltd – Eames C – 16 January

C2007/3889 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CEPU and Australia Post Corporation – Lawler VP – 15 January

AG2007/627 s.170MH pre-reform Act - Application to terminate agreement (public interest) by E.N.E services Pty Ltd and CEPU – Ives DP – 15 January

BP2008/2003 s.451(1) application for order for protected action ballot to be held by TWU-New South Wales Branch and K & S Freighters Pty Ltd – Williams C – 15 January

BP2007/4767 s.451(1) application for order for protected action ballot to be held by AMWU and Skilled Group Pty Ltd – Blair C – 15 January

Week 2

C2007/3836 & others s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by K Watson and ACT Department of Disability Housing and Community services & others – Lawler VP – 11 January

BP2007/4723 & BP2007/4785 s.451(1) application for order for protected action ballot to be held by AMWU and Quality Maintenance Services Pty Ltd, s.430(9)(a) application for order to suspend or terminate a bp (other circumstance) by Quality Maintenance Services Pty Ltd and AMWU – Blair C – 11 January

RE2007/3087 s.772(2) application for orders by Commission about operation of Part 15 by CFMEU and BGC (Australia) Pty Ltd – Williams C – 11 January

C2008/2158 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Qantas Airways limited Qantas Airways Limited and ALAEA – Watson VP – 10 January

C2007/3824 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by K&S Freighters Pty Ltd and TWU – Lewin C – 10 January

C2008/2000 s.496(1) application for order against industrial action (federal system) by Boskalis Pty Ltd and MUA – Blain DP – 10 January

C2007/2783 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by UFUA and Emergency Services Telecommunications Authority – Lewin C – 9 January

BP2007/4723 & BP2007/4785 s.451(1) application for order for protected action ballot to be held by AMWU and Quality Maintenance Services Pty Ltd, s.430(9)(a) application for order to suspend or terminate a bp (other circumstance) by Quality Maintenance Services Pty Ltd and AMWU – Blair C – 7 January

Week 1

C2007/3889 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CEPU and Australia Post Corporation – Lawler VP – 3 January

C2008/2 s.496(1) application for order against industrial action (federal system) by Coles group Logistics Pty Ltd and NUW & other – Kaufman SDP – 2 January

 

 

 

 

 

 

 

 

 

 

 

Updated time

Last updated

26 August 2019

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