2010 October transcripts

Table of contents

On this page

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 6

None available

Week 5

C2010/4923 Schedule 5 item 9 - application for an order remedying reduction in take-home pay resulting from a modern award by M Brolly and TES - Training & Employment Solutions – Sams DP – 29 October

AM2010/129 s.158 - application to vary or revoke a modern award by Australian Higher Education Industrial Association – Lawler VP – 29 October

AM2010/212 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by Real Estate Employers' Federation of New South Wales – Hamberger SDP – 29 October

C2010/5228 s.739 - application to deal with a dispute by CEPU and Excelior Pty Ltd T/A Excelior – Sams DP – 29 October

C2010/5047 s.120 - application to vary redundancy pay for other employment or incapacity to pay by Fresh Food Industries Pty Ltd – Cloghan C – 28 October

AG2010/11714 s.185 - application for approval of a single-enterprise agreement by Espresso Elements Pty Ltd & Callum Power – Kaufman SDP – 28 October

AG2010/13676 s.185 - application for approval of a single-enterprise agreement by St Marys Rugby League Club Ltd – McKenna C – 28 October

B2010/3551 s.437 - application for a protected action ballot order by ASU and Bayside City Council – Smith C – 28 October

B2010/3559 s.437 - application for a protected action ballot order by NUW and Berry Plastics (Australia) Pty Ltd – Blair C – 28 October

RE2010/2988 s.505 - application to deal with a right of entry dispute by CEPU and Telstra Corporation T/A Telstra – Smith C – 28 October

C2010/272 s.739 - application to deal with a dispute by ASU and Sydney Water Corporation t/as Sydney Water – Sams DP – 28 October

AG2010/2247 s.185 - application for approval of a single-enterprise agreement by Inco Ships Pty Ltd – Raffaelli C – 27 October

B2010/3524 s.437 - application for a protected action ballot order by TWU and Southlink Pty Ltd – Bartel DP – 27 October

C2010/5046 s.604 appeal of decisions by Nulty – Lawler VP, Sams DP, Williams C – 27 October

AG2010/10075 s.185 - application for approval of a single-enterprise agreement by Glen Eden Thoroughbreds Pty Ltd – Asbury C – 26 October

AG2010/11678 s.185 - application for approval of a single-enterprise agreement by Independent Purchasing Company (Australasia) Ltd – Kaufman SDP – 26 October

AG2010/17641 s.185 - application for approval of a single-enterprise agreement by Komatsu Australia Pty Ltd – Ryan C – 26 October

AG2009/23749 & others s.185 - application for approval of a single-enterprise agreement by Groundwork Services Pty Ltd – Asbury C – 26 October

C2010/5008 s.604 appeal of decisions by Boral Resources (NSW) Pty Ltd – Lawler VP, Sams DP, Williams C – 26 October

C2010/5262 s.739 - application to deal with a dispute by CPSU and Australian Securities & Investments Commission – Smith C – 26 October

D2010/5009 s.18(a) RO Act - application for registration by an association of employers by Waste Contractors & Recyclers Association of NSW – Hamberger SDP – 25 October

AG2010/14615 s.185 - application for approval of a single-enterprise agreement by Solaris Paper Pty Ltd and TCFUA-New Soth Wales South Australian Tasmanian Branch – Blair C – 25 October

C2010/5340 s.418 - application for an order that industrial action by employees or employers stop etc. by Laing O'Rourke Australia Construction Pty Ltd and CFMEU & others – Richards SDP – 25 October

B2010/3525 s.437 - application for a protected action ballot order by CEPU-Electrical, Energy and Services Division - New South Wales Divisional Branch and Snowy Hydro Limited – Harrison C – 25 October

C2009/10916 s.739 - application to deal with a dispute by ASU and Ergon Energy Corporation Limited – Asbury C – 25 October

Week 4

AM2010/122 s.158 - application to vary or revoke a modern award by VECCI – Giudice J – 22 October

B2010/3510 s.238 - application for a scope order by CPSU and Serco Australia Pty Ltd – Lawler VP – 22 October

C2011/1 s.285 - annual wage review – Giudice J – 22 October

B2010/3515 s.437 - application for a protected action ballot order by CFMEU and Pilbara Iron Company (Services) Pty Ltd – Hamberger SDP – 22 October

C2010/5233 s.604 appeal of decisions by Industrial Automation Group Pty Ltd – Kaufman SDP, Richards SDP, Gay C – 22 October

AG2010/18217 Schedule 3 item 10 - application to vary transitional instrument to remove ambiguity by Linfox Australia Pty Ltd – Ives DP – 21 October

C2010/5095 Schedule 5 item 9 - application for an order remedying reduction in take-home pay resulting from a modern award by N Ristevski and Ikon Administration Pty Ltd – Lewin C – 21 October

AG2010/12906 s.185 - application for approval of a single-enterprise agreement by Atlantis Personnel Pty Ltd and its Related Bodies Corporate – Harrison C – 21 October

AG2010/17520 s.185 - application for approval of a single-enterprise agreement by Fonterra Australia Pty Ltd – Ives DP – 21 October

B2010/263 s.437 - application for a protected action ballot order by AMWU and Union Hydraulies Pty Ltd – Gay C – 21 October

B2010/3516 s.437 - application for a protected action ballot order by AMWU and BOC Ltd – Cargill C – 21 October

AG2010/18186 Schedule 3 item 15 - application by agreement to terminate collective agreement-based transitional instrument by Sunraysia Publishing Company Pty Ltd – Ives DP – 20 October

AG2010/2040 s.185 - application for approval of a single-enterprise agreement by Dowell's Traffic Management Pty Ltd – Richards SDP – 20 October

AG2010/13637 s.185 - application for approval of a single-enterprise agreement by Australian Red Cross Blood Service – Kaufman SDP – 20 October

AG2010/17555 s.185 - application for approval of a single-enterprise agreement by Natrasha Pty Ltd – Bartel DP – 20 October

AG2010/18067 s.185 - application for approval of a single-enterprise agreement by Maurice Alexander Management Pty Ltd and FAAA – Raffaelli C – 20 October

AG2010/18068 s.225 - application for termination of an enterprise agreement after its nominal expiry date by The Gleeson Family Trust – Acton SDP – 20 October

B2010/269 s.236 application for a majority support determination by AMWU and Adval Australia Pty Ltd – Ives DP – 20 October

C2010/5112 s.418 - application for an order that industrial action by employees or employers stop etc. by Sunstate Airlines (QLD) Pty Limited and ALAEA – Simpson C – 20 October

C2010/665 s.418 - application for an order that industrial action by employees or employers stop etc. by ASU and City of Albany – Lawler VP – 19 October

RE2010/3761 s.505 - application to deal with a right of entry dispute by Baiada Group Pty Ltd T/A Adelaide Poultry and NUW – Kaufman SDP – 19 October

AM2010/118 s.158 - application to vary or revoke a modern award by Board of the Australian & New Zealand Certified Environmental Practitioner Scheme – Lawler VP – 18 October

AG2010/14869 s.185 - application for approval of a single-enterprise agreement by IEUA – Sams DP – 18 October

AG2010/17629 s.185 - application for approval of a single-enterprise agreement by Fortress Interlocks Pty Ltd – Ryan C – 18 October

B2010/3502 s.424 - application to suspend or terminate protected indusrial action -endangering life etc. by Tyco Australia Pty Limited T/A Wormald and CEPU – Spencer C – 18 October

B2010/180 s.437 - application for a protected action ballot order by ASU and Pelican Point Power Limited – Bartel DP – 18 October

C2010/5239 s.604 appeal of decisions by APS Group (Placements) Pty Ltd – Lawler VP – 18 October

Week 3

AG2010/13695 Schedule 3 item 15 - application by agreement to terminate collective agreement-based transitional instrument by Berkeley Challenge Pty Ltd – Williams C – 15 October

AG2010/14837 & AG2010/18043 s.185 - application for approval of a single-enterprise agreement by Primary Healthcare Limited T/A Healthcare Imaging Services Pty Ltd and HSU – MacDonald C – 15 October

AG2010/18175 s.320 - application to vary a transferable instrument - an agreement by B C Meale's Pty Ltd and CFMEU – Richards SDP – 15 October

B2010/268 s.437 - application for a protected action ballot order by NTEU and Macquarie University – Roberts C – 15 October

C2010/4583 Schedule 5 item 9 - application for an order remedying reduction in take-home pay resulting from a modern award by S Twartz and Airnorth Capiteq Ltd T/A Airnorth Regional – Lawler VP – 14 October

AM2010/116 s.158 - application to vary or revoke a modern award by NUW – Hamberger SDP – 14 October

C2010/4969 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Dr A Pik and Commonwealth Scientific and Industrial Research Organisation (CSIRO) T/A CSIRO – Sams DP – 14 October

B2010/3500 & B2010/3501 s.229 - application for a bargaining order by P Sutherland and Commissioner for Public Employment for the Northern Territory – Lawler VP – 14 October

AG2010/17730 s.318 - application for an order relating to instruments covering new employer and transferring employees in agreements by Fonterra Australia Pty Ltd – Cribb C – 14 October

B2010/3493 s.437 - application for a protected action ballot order by ARTBIU and Rail Commissioner – Hampton C – 14 October

B2010/3495 s.437 - application for a protected action ballot order by AMWU and PMP Print Pty Ltd – Williams C – 14 October

AG2010/10818 Schedule 3 item 10 - application to vary transitional instrument to remove ambiguity by Fosterville Gold Mine Pty Ltd – Lewin C – 13 October

RE2010/2805 s.505 - application to deal with a right of entry dispute by AMIEU and Dardanup Butchering Company Pty Ltd – McCarthy DP – 13 October

C2010/563 s.604 appeal of decisions by The Jewellery Group Pty Ltd – Acton SDP, Richards SDP, Cargill C – 13 October

C2010/4667 s.604 appeal of decisions by QR Limited – Hamberger SDP, Sams DP, Thatcher C – 13 October

AG2010/14378 Schedule 18, item 11 - WPA transferred function by I.T.A.P Pty Ltd – Ives DP – 12 October

AG2010/17764 s.185 - application for approval of a single-enterprise agreement by Hume City Council – Smith C – 12 October

C2010/596 s.604 appeal of decisions by Bansley Pty Ltd – Acton SDP, Richards SDP, Cargill C – 12 October

C2010/4281 s.604 appeal of decisions by Fonterra Brands (Australia) Pty Ltd – Acton SDP, Richards SDP, Cargill C – 12 October

C2010/4978 s.739 - application to deal with a dispute by M A Khan and Southern Cross Protection Pty Ltd – Cambridge C – 12 October

AM2010/125 s.158 - application to vary or revoke a modern award by CFMEU – Acton SDP – 11 October

AM2010/219 &AM2010/220 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by ACS Inc & others – Watson VP – 11 October

AM2010/221 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by Clubs Australia – Watson VP – 11 October

Week 2

AG2010/12934 s.185 - application for approval of a single-enterprise agreement by Workpac Pty Ltd – Simpson C – 8 October

B2010/3420 s.240 - application to deal with bargaining dispute by IEUA and Hunter Trade College (Formerly known as Australian Technical College-Hunter) – Stanton  C – 8 October

B2010/3484 s.437 - application for a protected action ballot order by ASU and Maribyrnong City Council – Smith C – 8 October

B2010/3478 s.459 - application to extend 30 day period in which industrial action is authorised by protected action ballot by MEAA and Adelaide Symphony Orchestra Pty Ltd T/A Adelaide Symphony Orchestra – Hamberger SDP – 8 October

C2010/4271 s.739 - application to deal with a dispute by NTEU and Monash University – Hamilton SDP – 8 October

AG2010/14675 s.185 - application for approval of a single-enterprise agreement by Pacific Coast Engineering Pty Ltd – Richards SDP – 7 October

AG2010/17295 s.225 - application for termination of an enterprise agreement after its nominal expiry date by Porter Utilities Pty Ltd – Ives DP – 7 October

C2010/5112 s.418 - application for an order that industrial action by employees or employers stop etc. by Sunstate Airlines (QLD) Pty Limited and ALAEA – Simpson C – 7 October

AM2010/120 s.158 - application to vary or revoke a modern award by TWU – Harrison C – 6 October

AM2010/128 s.158 - application to vary or revoke a modern award by Kajewski & Klepper and Others – Harrison C – 6 October

B2010/173 s.236 application for a majority support determination by TWU and JJ Richards & Sons Pty Ltd – Cambridge C – 6 October

C2010/635 s.418 - application for an order that industrial action by employees or employers stop etc. by Akzo Nobel Pty Ltd and LHMU – Ryan C – 6 October

B2010/3472 s.437 - application for a protected action ballot order by AMWU and PMP Prints Pty Ltd – Hamberger SDP – 6 October

B2010/3474 s.437 - application for a protected action ballot order by AMWU and Total Corrosion Control Pty Ltd – Williams C – 6 October

AM2010/214 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by Ensign Services (Aust) Pty Ltd – Watson VP – 5 October

AM2010/216 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by AMWU – Watson VP – 5 October

AG2010/14692 s.185 - application for approval of a single-enterprise agreement by IEUA – Sams DP – 5 October

AG2010/17123 s.185 - application for approval of a single-enterprise agreement by Solutions People Aust Pty Ltd – Cambridge C – 5 October

AG2010/17225 s.185 - application for approval of a single-enterprise agreement by Estate Agents Co-operative Ltd – Cambridge C – 5 October

AG2010/9789 s.217 application to vary an agreement to remove an ambiguity or uncertainty by Ambulance Victoria and LHMU – Watson VP – 5 October

B2010/3423 s.229 - application for a bargaining order by AMWU and Maxitrans Australia Pty Ltd – Ryan C – 5 October

C2010/5083 s.418 - application for an order that industrial action by employees or employers stop etc. by Moffat Pty Ltd and CEPU – Ryan C – 5 October

C2010/5053 s.604 appeal of decisions by Victoria University and the Council of Victoria University – Giudice J – 5 October

C2010/4220 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by AMWU and Toyota Motor Corporation Australia – Blair C – 4 October

Week 1

AG2010/14613 s.185 - application for approval of a single-enterprise agreement by Parmalat Australia Ltd – Sams DP – 1 October

AG2010/17503 s.185 - application for approval of a single-enterprise agreement by NT Technology Pty Ltd – Sams DP – 1 October

AG2010/17546 s.217 - application to vary an agreement to remove an ambiguity or uncertainty by ThyssenKrupp Elevators Australia Pty Limited and CEPU – Richards SDP – 1 October

B2010/3459 s.229 - application for a bargaining order by TWU and United Resource Management Group (URM) – Cambridge C – 1 October

AG2010/17233 s.320 - application to vary a transferable instrument - an agreement by V Retail Pty Ltd – Thatcher C – 1 October

B2010/3461 s.437 - application for a protected action ballot order by NUW and Pacific Brands Holdings Pty Ltd – Hampton C – 1 October

B2010/3464 s.437 - application for a protected action ballot order by TWU and Australian Air Express Pty Limited – Raffaelli C – 1 October

RE2010/3643 s.505 - application to deal with a right of entry dispute by LHMU and Crown Melbourne Limited – Gooley C – 1 October

 

 

 

 

 

 

 

 

 

 

 

Updated time

Last updated

26 August 2019

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