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2010 July 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
AM2010/87 s.158 - application to vary or revoke a modern award by AMWU – Lawler VP – 30 July
AG2010/12415 s.185 - application for approval of a single-enterprise agreement by Avondale College Pty Ltd – Sams DP – 30 July
B2010/3200 s.236 application for a majority support determination by APESMA, The-Collieries' Staff Division and Endeavour Coal Pty Limited – Lawler VP – 30 July
C2010/461 s.418 application for an order that industrial action by employees or employers stop etc by Cryovac Australia Pty Ltd and NUW – Blair C – 30 July
C2010/4435 s.418 application for an order that industrial action by employees or employers stop etc by Mitcon Formwork Pty Ltd and CFMEU – McCarthy DP – 30 July
B2010/3267 s.437 application for a protected action ballot order by MUA and DP World Adelaide Pty Ltd – Hampton C – 30 July
AG2009/22418 s.185 - application for approval of a single-enterprise agreement by CFMEU-Construction and General Division, Queensland Builders Labourers' Divisional Branch – Harrison C – 29 July
AG2010/9176 s.185 - application for approval of a single-enterprise agreement by Deroyal Holdings – Cloghan C – 29 July
B2010/3243 s.229 - application for a bargaining order by ASU and NCR Australia Pty Limited – Cambridge C – 29 July
B2010/409 s.236 application for a majority support determination by AWU and The Austral Brick Co Pty Ltd T/A Austral Bricks – Hampton C – 29 July
C2010/4435 s.418 application for an order that industrial action by employees or employers stop etc by Mitcon Formwork Pty Ltd and CFMEU – McCarthy DP – 29 July
B2010/3265 s.437 application for a protected action ballot order by NUW and Corex Plastics (Australia) Pty Ltd – Blair C – 29 July
B2010/3264 s.459 - application to extend 30 day period in which industrial action is authorised by protected action ballot by CEPU and BAE Systems Australia Defence Pty Ltd (Extract of Transcript of Proceedings) – Ryan C – 29 July
C2010/4352 s.604 appeal of decisions by CFMEU – Lawler VP, Ives DP, Roe C – 29 July
B2010/3244 s.236 application for a majority support determination by APESMA & other and BHP Coal Pty Ltd – Lawler VP – 28 July
C2010/4429 s.418 application for an order that industrial action by employees or employers stop etc by City of Cockburn and ASU & others – Cloghan C – 28 July
B2010/3257 s.437 application for a protected action ballot order by NUW and Avery Dennison Materials Pty Ltd – Hampton C – 28 July
C2009/11363 Schedule 3 item 12 - application to vary pre-reform or transitional award by AIPA – Boulton J, Drake SDP, Harrison C – 27 July
C2010/3835 s.120 application to vary redundancy pay for other employment or incapacity to pay by Baywood Products Pty Ltd and M Inall – Asbury C – 27 July
AM2010/88 s.158 - application to vary or revoke a modern award by AMWU – Bissett C – 27 July
AM2010/89 s.158 - application to vary or revoke a modern award by AMWU – Bissett C – 27 July
AG2010/12402 s.185 - application for approval of a single-enterprise agreement by Cerebos (Australia) Limited t/as Cerebos Foods – McKenna C – 27 July
B2010/3215 s.229 - application for a bargaining order by LHMU and Carinya Care Services – Cloghan C – 27 July
B2010/3212 s.236 application for a majority support determination by IEUA and Islamic School of Canberra T/A Islamic School of Canberra – Lawler VP – 27 July
B2010/3255 s.423 - application to suspend or terminate protected industrial action - significant economic harm etc by Sucrogen Australia Pty Ltd and AWU & others – Spencer C – 27 July
B2010/130 s.437 application for a protected action ballot order by AMWU and GrainCorp Operations Limited – Blair C – 27 July
B2010/3223 s.459 - application to extend 30 day period in which industrial action is authorised by protected action ballot by CFMEU and Interflow Pty Limited – Acton SDP – 27 July
C2009/10861 s.739 - application to deal with a dispute by AWU and WorkPac Pty Ltd – Ryan C – 27 July
C2010/2852 & C2010/2853 s.739 - application to deal with a dispute by M Priestley and Department of Parliamentary Services – Lawler VP – 27 July
AG2010/11622 s.185 - application for approval of a single-enterprise agreement by Top End Consulting Pty Ltd – Bartel DP – 26 July
AG2010/12340 s.185 - application for approval of a single-enterprise agreement by Young Rabbit Pty Ltd – Sams DP – 26 July
B2010/129 s.437 application for a protected action ballot order by AWU and CSR Limited T/A CSR Roofing – Blair C – 26 July
C2010/4332 s.604 appeal of decisions by Sere Corporate Solutions Pty Ltd t/as Perth Freightlines Pty Ltd – Acton SDP– 26 July
Week 4
AG2010/1702 s.185 - application for approval of a single-enterprise agreement by IEUA – Sams DP – 23 July
AG2010/12080 s.185 - application for approval of a single-enterprise agreement by The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane Pty Ltd – Sams DP – 23 July
AG2010/12191 s.185 - application for approval of a single-enterprise agreement by ACL Pty Ltd and IEUA – Sams DP – 23 July
AG2010/12375 s.210 - application for approval of a variation of an enterprise agreement byGlaxoSmithKline Australia Pty Ltd – Acton SDP – 23 July
B2010/3213 s.236 application for a majority support determination by AMWU and Industrial Progress Corporation Pty Ltd T/A Roofmart WA – McCarthy DP – 23 July
B2010/3242 s.240 - application to deal with bargaining dispute by TWU and Airport Fuel Services Pty Ltd – Harrison C – 23 July
B2010/128 s.437 application for a protected action ballot order by AFAP and Royal Flying Doctor Service of Australia (South Eastern Section) – Kaufman SDP – 23 July
C2009/10501 s.739 - application to deal with a dispute by HSU and Austin Health – Cribb C – 23 July
D2010/2 s.158(1) RO Act - application for alteration of eligibility rules by LHMU – Watson VP – 22 July
AG2010/12233 s.185 - application for approval of a single-enterprise agreement by Confoil Pty Ltd – Acton SDP – 22 July
AG2010/11425 s.225 - application for termination of an enterprise agreement after its nominal expiry date by Australian Adventure Tours Pty Ltd – Roe C – 22 July
B2010/3210 s.238 - application for a scope order by LHMU-Western Australian Branch – Cloghan C – 22 July
C2010/4356 s.418 application for an order that industrial action by employees or employers stop etc by DP World (Fremantle) Limited and MUA – Cloghan C – 22 July
B2010/94 & B2010/95 s.437 application for a protected action ballot order by AMWU and ACI Operations Pty Ltd T/A O-I Melbourne – Blair C – 22 July
B2010/3237 s.437 application for a protected action ballot order by ASU and Hunter Water Australia Pty Ltd – Sams DP – 22 July
B2010/3225 s.459 - application to extend 30 day period in which industrial action is authorised by protected action ballot by ASU and IBM Australia Limited – Sams DP – 22 July
C2010/345 s.604 appeal of decisions by V Batov and Invensys Rail Pty Ltd – Acton SDP, Ives DP, Ryan C – 22 July
AM2010/101 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by Clubs Australia – Watson VP – 21 July
AG2010/325 s.185 - application for approval of a single-enterprise agreement by OCS Security Pty Limited – Lewin C – 21 July
AG2010/10609 s.185 - application for approval of a single-enterprise agreement by Royal Automobile Club of Victoria (RACV) Ltd – Lawler VP – 21 July
C2010/441 s.418 application for an order that industrial action by employees or employers stop etc by Patrick Stevedores Holdings Pty Ltd and MUA – Watson VP – 21 July
C2010/4354 s.418 application for an order that industrial action by employees or employers stop etc by Airport Fuel Services Pty Ltd and TWU – Harrison C – 21 July
B2010/115 s.437 application for a protected action ballot order by AMWU and Megabolt Australia Pty Ltd – Watson SDP – 21 July
B2010/3216 s.459 - application to extend 30 day period in which industrial action is authorised by protected action ballot by NUW and Kagan Logistics Pty Ltd – Harrison C – 21 July
C2010/4352 s.604 appeal of decisions by CFMEU – Lawler VP – 21 July
C2009/10861 s.739 - application to deal with a dispute by AWU and WorkPac Pty Ltd – Ryan C – 21 July
EM2009/5 schedule 6, item 4 - application to make a modern award to replace an enterprise instrument by Unilink Ltd – Watson VP, Acton SDP, Bissett C – 20 July
AM2010/81 s.158 - application to vary or revoke a modern award by YMCA, Aquatics Down Under, Qualified limited, Royal Life Saving Society - Queensland – Watson VP – 20 July
AM2010/92 s.158 - application to vary or revoke a modern award by Jobs Australia Limited – Watson VP – 20 July
B2010/3202 s.236 application for a majority support determination by D Heath and Gravity Crane Services Pty Ltd – McCarthy DP – 20 July
C2010/4333 s.418 application for an order that industrial action by employees or employers stop etc by Abigroup Contractors Pty Ltd and CFMEU – Watson SDP – 20 July
AM2010/59 s.158 - application to vary or revoke a modern award by Atkins – Harrison SDP – 19 July
AM2010/61 s.158 - application to vary or revoke a modern award by Australian Road Transport Industrial Organization – Harrison SDP – 19 July
AM2010/83 s.158 - application to vary or revoke a modern award by AMWU – Watson VP – 19 July
AM2010/84 s.158 - application to vary or revoke a modern award by AMWU – Watson VP – 19 July
AM2010/85 s.158 - application to vary or revoke a modern award by AMWU – Watson VP – 19 July
AG2010/10718 s.185 - application for approval of a single-enterprise agreement by SSX Services Pty Limited – Sams DP – 19 July
AG2010/10883 s.185 - application for approval of a single-enterprise agreement by Coleambally Irrigation Cooperative Limited – Sams DP – 19 July
B2010/3200 s.236 application for a majority support determination by APESMA-Collieries' Staff Division and Endeavour Coal Pty Limited – Lawler VP – 19 July
C2010/4316 s.418 application for an order that industrial action by employees or employers stop etc by Chubb Security Services Limited and TWU – Bissett C – 19 July
C2010/4319 s.418 application for an order that industrial action by employees or employers stop etc by Bilfinger Berger Services (Australia) Pty Limited and CFMEU & others – Acton SDP – 19 July
C2010/4324 s.418 application for an order that industrial action by employees or employers stop etc by Sucrogen Australia Pty Ltd (formerly Renewable & Sugar Services Pty Ltd) and AWU – Spencer C – 19 July
B2010/3208 s.437 application for a protected action ballot order by AMIEU and Tatiara Meat Company Pty Ltd – Steel C – 19 July
C2010/3552 s.739 - application to deal with a dispute by AMWU and Department of Defence - Defence Mataerial Organization – Sams DP – 19 July
Week 3
AM2010/94 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by LHMU & AHA – Watson VP – 16 July
AG2010/10609 s.185 - application for approval of a single-enterprise agreement by Royal Automobile Club of Victoria (RACV) Ltd – Lawler VP – 16 July
AG2010/1341 s.185 - application for approval of a single-enterprise agreement by Hilton Hotels of Australia Pty Ltd – Simpson C – 15 July
AG2010/10529 s.185 - application for approval of a single-enterprise agreement by St Luke's Care Pty Ltd T/A St Luke's Aged Care and New South Wales Nurses' Association – MacDonald C – 15 July
AG2010/11425 s.225 - application for termination of an enterprise agreement after its nominal expiry date by Australian Adventure Tours Pty Ltd – Roe C – 15 July
B2010/3101 s.240 - application to deal with bargaining dispute by CEPU and South Australian Water Corporation – Steel C – 15 July
B2010/1777 s.437 application for a protected action ballot order by CEPU and Celcius Fire Services – Sams DP – 15 July
C2010/3817 s.604 appeal of decisions by Drummond – Drake SDP, Cartwright SDP, Roberts C – 15 July
C2010/272 s.739 - application to deal with a dispute by ASU and Sydney Water Corporation t/as Sydney Water – Sams DP – 15 July
B2010/3182 s.229 - application for a bargaining order by CEPU and Telstra Corporation T/A Telstra – Roe C – 14 July
C2010/4127 Schedule 3 item 12 - application to vary pre-reform or transitional award by CSR & Holcim Staff Association – Thatcher C – 13 July
AG2010/10645 Schedule 3 item 16 - application to terminate collective agreement-based transitional instrument by Western Australian Institute of Sport Inc. – Williams C – 13 July
AM2010/75 s.158 - application to vary or revoke a modern award by Hostplus Pty Ltd – Deegan C – 13 July
AG2010/935 s.185 - application for approval of a single-enterprise agreement by Or-Tak Pty Ltd – Thatcher C – 13 July
AG2010/7744 s.185 - application for approval of a single-enterprise agreement by Lida ACMI Pty Ltd – Thatcher C – 13 July
AG2010/11463 s.185 - application for approval of a single-enterprise agreement by Chadwick Industries (ACT) Pty Ltd – Deegan C – 13 July
BP2007/4059 s.423(3) - notice of initiation of bargaining period by HSU and Austin Health – Lewin C – 13 July
B2010/115 s.437 application for a protected action ballot order by AMWU and Megabolt Australia Pty Ltd – Watson SDP – 13 July
B2010/3201 s.437 application for a protected action ballot order by ASU and Melbourne City Council – Hamilton DP – 13 July
C2010/3480 s.604 appeal of decisions by Daniel – Drake SDP, Cartwright SDP, Roberts C – 13 July
AG2010/1515 s.185 - application for approval of a single-enterprise agreement by Insearch Limited – Sams DP – 12 July
B2010/94 & B2010/95 s.437 application for a protected action ballot order by CEPU and AMWU and ACI Operations Pty Ltd T/A O-I Melbourne – Blair C – 12 July
C2010/3885 s.604 appeal of decisions by Reichman – Drake SDP, Cartwright SDP, Roberts C – 12 July
C2010/4262 s.604 appeal of decisions by Campbell Australasia Pty Ltd – Lawler VP, Hamilton DP, Bissett C – 12 July
C2009/10501 s.739 - application to deal with a dispute by HSU and Austin Health – Cribb C – 12 July
Week 2
C2009/11363 Schedule 3 item 12 - application to vary pre-reform or transitional award by AIPA – Boulton J – 9 July
AM2010/99 s.158 - application to vary or revoke a modern award by ISS Facility Services Australia Limited – Ives DP – 9 July
AG2009/21645 & others s.185 - application for approval of a single-enterprise agreement by Go Wake Pty Ltd – Asbury C – 7 July
AG2010/1496 s.185 - application for approval of a single-enterprise agreement by Cummins South Pacific Pty Ltd – Ryan C – 9 July
B2010/3177 s.236 application for a majority support determination by ASU and AIDS Housing Action Group of Victoria Inc – Gooley C – 9 July
C2010/4164 s.318 - application for an order relating to instruments covering new employer and transferring employees in agreements by Robert Bosch (Australia) Pty Ltd – Blair C – 9 July
B2010/3186 s.459 - application to extend 30 day period in which industrial action is authorised by protected action ballot by CEPU and Otis Elevator Company Pty Ltd – Hampton C – 9 July
AM2010/69 s.158 - application to vary or revoke a modern award by NUW – Harrison SDP – 8 July
C2010/4074 s.739 - application to deal with a dispute by D Petersen and Industrial Galvanizers Corporation Pty Ltd t/as Industrial Galvanizers Port Kembla – Sams DP – 8 July
AG2010/1381 s.185 - application for approval of a single-enterprise agreement by Palcove Pty Ltd – Hampton C – 7 July
B2010/3172 s.437 application for a protected action ballot order by CFMEU and Asurco Contracting Pty Ltd – Bartel DP – 7 July
AG2009/21645 & others s.185 - application for approval of a single-enterprise agreement by Ezy Movies Pty Ltd & Ezy Movies Pty Ltd and Others – Asbury C – 6 July
B2010/3116 s.242 - application for a low-paid authorisation by AWU - Queensland Branch and Buffalo Memorial Homes for the Aged; Brodribb Home Incorporated; Bupa Care Services Pty Ltd – Watson VP – 6 July
AG2010/10435 s.185 - application for approval of a single-enterprise agreement by Douglas Hanly Moir – Deegan C – 5 July
RE2010/3354 s.483AA - application for an order to access non-member records by TWU and Nobra Food Distributors – Connor C – 5 July
Week 1
AM2010/70 s.158 - application to vary or revoke a modern award by Easlea & Easlea – Harrison SDP – 2 July
C2010/3667 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Dr W Rozen and Western Health – Gay C – 2 July
B2010/3160 s.437 application for a protected action ballot order by AMWU and The Mulgrave Central Mill Company Limited – Spencer C – 2 July
B2010/3117 s.236 application for a majority support determination by APESMA, The Collieries' Staff Division and Endeavour Coal Pty Limited – Lawler VP – 1 July
B2010/103 s.437 application for a protected action ballot order by NUW and Fresh Food Management Services Pty Ltd – Watson VP – 1 July
B2010/3156 s.437 application for a protected action ballot order by NUW and W.P. Crowhurst Pty Limited – Kaufman SDP – 1 July
C2010/3633 s.739 - application to deal with a dispute by ASU and Sydney Water Corporation t/as Sydney Water – Sams DP – 1 July
C2010/4010 s.739 - application to deal with a dispute by CEPU - Queensland Communications Division Branch and Australian Postal Corporation – Roe C – 1 July
Updated time
Last updated
26 August 2019
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