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2011 June 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
AG2011/676 s.185 - application for approval of a single-enterprise agreement by Eastern Australia Airlines Pty Limited T/A QantasLink and AFAP & other – Raffaelli C – 30 June
AG2011/1243 s.185 - application for approval of a single-enterprise agreement by Rutra Pty Ltd – Gooley C – 30 June
AG2011/10158 s.185 - application for approval of a single-enterprise agreement by Australian Pharmaceutical Industries Limited and NUW-New South Wales Branch & others – Sams DP – 30 June
C2011/4760 s.418 - application for an order that industrial action by employees or employers stop etc. by Flinders Operating Services Pty Ltd T/A Alinta Energy and ASU & other – Bartel DP – 30 June
B2011/3053 & B2011/132 s.437 - application for protected action ballot order by CFMEU and Heinrich Constructions Pty Ltd & others – Richards SDP – 30 June
B2011/3045 & other s.437 - application for protected action ballot order by CFMEU and Laing O'Rourke Australia Construction Pty Ltd & other – Richards SDP – 30 June
B2011/3057 s.437 - application for protected action ballot order by CFMEU and LCR Lindores Group Pty Limited – Simpson C – 30 June
C2011/4022 s.604 appeal of decisions by AWU – Watson VP, Harrison DP, Cloghan C – 30 June
C2011/4909 s.739 - application to deal with a dispute by TWU and Linfox Australia Pty Ltd T/A Linfox – Harrison C – 30 June
AG2011/1370 s.185 - application for approval of a single-enterprise agreement by Jacat Staff Pty Ltd – Sams DP – 29 June
AG2011/9193 s.185 - application for approval of a single-enterprise agreement by Flinders University of South Australia – Steel C – 29 June
AG2011/9215 s.185 - application for approval of a single-enterprise agreement by Spectrum Migrant Resource Centre – Gooley C – 29 June
AG2011/9732 s.185 - application for approval of a single-enterprise agreement by National Transport Commission – Smith C – 29 June
B2011/3036 s.229 - application for a bargaining order by AMWU and Nissan Casting Australia Pty Ltd T/A Nissan Casting – Watson SDP – 29 June
C2011/4760 s.418 - application for an order that industrial action by employees or employers stop etc. by Flinders Operating Services Pty Ltd T/A Alinta Energy and ASU & other – Bartel DP – 29 June
C2011/4888 s.418 - application for an order that industrial action by employees or employers stop etc. by Flinders Operating Services Pty Ltd T/A Alinta Energy and CEPU & other – O'Callaghan SDP – 29 June
B2011/123 s.437 - application for protected action ballot order by AMWU and Keppel Prince Engineering Pty Ltd – Blair C – 29 June
C2011/4864 s.604 appeal of decisions by SDAEA – Lawler VP – 29 June
B2011/3011 s.229 - application for a bargaining order by NUW and Patties Foods Limited – Watson VP – 28 June
B2011/73 s.236 application for a majority support determination by AWU and Debco Pty Ltd – Bissett C – 28 June
C2011/4898 & others s.418 - application for an order that industrial action by employees or employers stop etc. by Delmar Private Hospital, Eastern Suburbs Private Hospital Pty Ltd, Macquarie Hospital Services Pty Ltd & Minchinbury Community Hospital Pty Ltd & NSW Nurses’ Association – Watson VP – 28 June
C2011/4903 s.418 - application for an order that industrial action by employees or employers stop etc. by President Private Hospital Pty Ltd T/A President Private and NSW Nurses’ Association – Watson VP – 28 June
C2010/5522 s.604 appeal of decisions by JMNE Pty Ltd – Watson VP, Harrison DP, Cloghan C – 28 June
C2011/377 s.604 appeal of decisions by United Resource Management Group (URM)– Acton SDP– 28 June
AM2011/27 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by Apache Energy Limited & Chevron Australia Pty Ltd and others – Harrison SDP – 27 June
C2011/3985 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Air International Thermal Systems (Aust) and NUW & other – Gay C – 27 June
AG2011/7813 s.185 - application for approval of a single-enterprise agreement by Hamilton Island Ice-Cream Parlour – Simpson C – 27 June
C2011/4851 & C2011/4858 s.418 - application for an order that industrial action by employees or employers stop etc by Flinders Operating Services Pty Ltd T/A Alinta Energy and CEPU & AMWU – O’Callaghan SDP – 27 June
RE2011/2938 s.505 - application to deal with a right of entry dispute by AMWU and Saizeriya Ausytralia Pty Ltd – Kaufman SDP – 27 June
Week 4
AG2011/1113 s.185 - application for approval of a single-enterprise agreement by Hunter Readymixed Concrete Pty Ltd and TWU-New South Wales Branch – Ryan C – 24 June
AG2011/9887 s.210 - application for approval of a variation of an enterprise agreement by NCR Australia Pty Limited and ASU – Sams DP – 24 June
C2011/3752 s.318 - application for an order relating to instruments covering new employer and transferring employees in awards by Qantas Ground Services Pty Limited and TWU – Raffaelli C – 24 June
C2011/4760 s.418 - application for an order that industrial action by employees or employers stop etc. by Flinders Operating Services Pty Ltd T/A Alinta Energy and ASU & other – Bartel DP – 24 June
B2011/2922 s.437 - application for protected action ballot order by TWU and Gate Gourmet Services Pty Ltd – Steel C – 24 June
B2010/3667 s.472 - application for an order relating to certain partial work bans by AIMPE and Port of Brisbane Pty Ltd – Simpson C – 24 June
C2011/31 s.739 - application to deal with a dispute by AMWU and SPC Ardmona Operations Limited – Watson VP – 24 June
C2011/4814 & C2011/4815 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by ANF and Peninsula Health, s.426 - application to deal with a dispute involving stand down by ANF and Peninsula Health – Gooley C – 23 June
C2011/4760 s.418 - application for an order that industrial action by employees or employers stop etc. by Flinders Operating Services Pty Ltd T/A Alinta Energy and ASU & other – Bartel DP – 23 June
C2011/4818 s.418 - application for an order that industrial action by employees or employers stop etc. by Downer EDI Engineering Group Pty Limited and CEPU & other – Gay C – 23 June
B2011/3012 s.437 - application for protected action ballot order by ARTBIU and Australian Western Railroad Pty T/A ARG QR Company – Williams C – 23 June
C2010/5258 s.739 - application to deal with a dispute by B T B Pulle and Commonwealth of Australia acting through the Department of Parliamentary Services – Lawler VP – 23 June
B2011/3007 s.229 - application for a bargaining order by TWU and DHL Supply Chain (Australia) Pty Limited – Cambridge C – 22 June
B2011/2978 s.236 application for a majority support determination by AWU, Queensland and Peace Lutheran Church Gatton Inc T/A Anuha Services – Asbury C – 22 June
C2011/4818 s.418 - application for an order that industrial action by employees or employers stop etc. by Downer EDI Engineering Group Pty Limited and CEPU & other – Gay C – 22 June
B2011/3009 s.437 - application for protected action ballot order by CPSU and Commonwealth Government - Department of Immigration and Citzenship – Deegan C – 22 June
AG2011/1181 s.185 - application for approval of a single-enterprise agreement by Aerow Formwork & Scaffolding Pty Limited – Ryan C – 21 June
AG2011/9429 s.185 - application for approval of a single-enterprise agreement by Spotless Services Australia Ltd – Cambridge C – 21 June
AG2011/1137 s.318 - application for an order relating to instruments covering new employer and transferring employees in agreements by Quality Improvement and Community Services Accreditation Inc – Hamilton DP – 21 June
B2011/117 s.437 - application for protected action ballot order by MUA and Mermaid Marine Vessel Operations Pty Ltd – Williams C – 21 June
B2011/2984 s.437 - application for protected action ballot order by TWU and JR & EG Richards (NSW) Pty Ltd – Harrison C – 21 June
B2011/3008 s.437 - application for protected action ballot order by CPSU and Commonwealth Government - Australian Customs and Border Protection Service – Deegan C – 21 June
C2011/4075 s.604 appeal of decisions by Bellia – Drake SDP, Ives DP, Simpson C – 21 June
C2011/4379 s.604 appeal of decisions by Bland – O'Callaghan SDP – 21 June
C2011/3887 s.739 - application to deal with a dispute by NTEU and Curtin University of Technology – Cloghan C – 21 June
C2011/4575 s.739 - application to deal with a dispute by TWU and VTL Transport and Logistics Pty Ltd – Lewin C – 21 June
C2010/5454 s.739 - application to deal with a dispute by CFMEU and Paper Australia Pty Ltd T/A Australian Paper Pty Ltd – Blair C – 21 June
AG2011/9579 Schedule 3 item 16 - application to terminate collective agreement-based transitional instrument by Stack Electrical & Data – Ryan C – 20 June
AG2011/9754 & AG2011/9756 Schedule 3 item 15 - application to terminate collective agreement-based transitional instrument by Costa Exchange Limited – Cambridge C – 20 JuneC2011/4753 s.418 - application for an order that industrial action by employees or employers stop etc. by Thiess Degremont Joint Venture and CFMEU – Watson SDP – 20 June
C2011/4760 s.418 - application for an order that industrial action by employees or employers stop etc. by Flinders Operating Services Pty Ltd T/A Alinta Energy and ASU & other – Bartel DP – 20 June
B2011/2992 s.437 - application for protected action ballot order by AMWU and Treasury Wine Estates Limited – Hampton C – 20 June
C2010/5454 s.739 - application to deal with a dispute by CFMEU and Paper Australia Pty Ltd T/A Australian Paper Pty Ltd – Blair C – 20 June
Week 3
C2011/4752 s.418 - application for an order that industrial action by employees or employers stop etc. by VIP Plastic Packaging Pty Ltd and NUW & other – Blair C – 17 June
C2011/4753 s.418 - application for an order that industrial action by employees or employers stop etc. by Thiess Degremont Joint Venture and CFMEU – Watson SDP – 17 June
AG2011/1133 s.185 - application for approval of a single-enterprise agreement by Adepwood Pty Ltd – O'Callaghan SDP – 16 June
AG2011/9688 s.185 - application for approval of a single-enterprise agreement by Markforce Pty Ltd – Ryan C – 16 June
AG2011/209 s.225 - application for termination of an enterprise agreement after its nominal expiry date by Columbia Philip Street Property Pty Ltd – Blair C – 16 June
B2011/2983 s.437 - application for protected action ballot order by United Voice and Treasury Wine Estates Limited – Hampton C – 16 June
C2011/3780 s.604 appeal of decisions by Burke – Harrison SDP, Richards SDP, Smith C – 16 June
C2011/3703 & C2011/3704 s.739 - application to deal with a dispute by NUW and Coles Group Supply Chain Pty Ltd – Cambridge C – 16 June
AM2011/24 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by MPMSAA – Watson SDP – 15 June
AG2011/1232 s.185 - application for approval of a single-enterprise agreement by Boral Resources (Vic) Pty Ltd – Ryan C – 15 June
C2011/342 s.418 - application for an order that industrial action by employees or employers stop etc. by Waco Kwikform Limited and CFMEU – Richards SDP – 15 June
C2011/4714 s.418 - application for an order that industrial action by employees or employers stop etc. by Downer EDI Engineering Group Pty Limited and CFMEU – Richards SDP – 15 June
C2011/4642 s.604 appeal of decisions by Modestie Fashion Australia Pty Ltd – Lawler VP – 15 June
C2011/3193 s.739 - application to deal with a dispute by TWU and Flemington Fields Pty Ltd T/A GKR Transport – Williams C – 15 June
AG2011/461 s.185 - application for approval of a single-enterprise agreement by Aerial Capital Group Limited – Deegan C – 14 June
AG2011/9432 s.185 - application for approval of a single-enterprise agreement by Joyce Foam Pty Ltd – Ryan C – 14 June
B2011/110 s.236 application for a majority support determination by APESMA and Hearld And Weekly Times Limited – Ives DP – 14 June
AG2011/9419 s.318 - application for an order relating to instruments covering new employer and transferring employees in agreements by Raytheon Australian Pty Ltd – Lawler VP – 14 June
B2011/2959 s.437 - application for protected action ballot order by CPSU and Commonwealth of Australia acting through and represented by the Department of Agriculture, Fisheries and Forestry – Deegan C – 14 June
C2011/156 s.739 - application to deal with a dispute by NTEU and University of Technology, Sydney – Drake SDP – 14 June
C2011/4361 s.739 - application to deal with a dispute by Downer EDI Engineering Electrical Pty Ltd; Downer EDI Engineering Power Pty Ltd; Downer EDI Engineering Projects Pty Ltd and AMWU & other – Richards SDP – 14 June
C2010/4802 s.739 - application to deal with a dispute by NUW and Coles Group Supply Chain Pty Ltd – Bissett C – 14 June
AG2011/8231 s.185 - application for approval of a single-enterprise agreement by Industrial Composite Contractors Pty Ltd – Williams C – 13 June
Week 2
AG2011/1052 s.185 - application for approval of a single-enterprise agreement by United Imports & Exports Co Pty Ltd – Cambridge C – 10 June
AG2011/1135 s.185 - application for approval of a single-enterprise agreement by Hunter Water Australia Pty Ltd and APESMA-New South Wales Branch – Sams DP – 10 June
C2010/4216 s.739 - application to deal with a dispute by L Painter and Commonwealth of Australia (Department of Defence) – Drake SDP – 10 June
AM2011/12 s.158 - application to vary or revoke a modern award by Australian Federation of Employers and Industries – Harrison SDP – 9 June
AG2011/893 s.185 - application for approval of a single-enterprise agreement by Clearview Security Shutters Pty Ltd – O'Callaghan SDP – 9 June
C2010/4216 s.739 - application to deal with a dispute by L Painter and Commonwealth of Australia (Department of Defence) – Drake SDP – 9 June
AG2011/1107 s.225 - application for termination of an enterprise agreement after its nominal expiry date by Over Head Maintenance Services Pty Ltd – Acton SDP – 8 June
B2011/2959 s.437 - application for protected action ballot order by CPSU and Commonwealth of Australia acting through and represented by the Department of Agriculture, Fisheries and Forestry – Deegan C – 8 June
C2011/4542 s.604 appeal of decisions by AMWU – Lawler VP – 8 June
AG2011/1097 s.185 - application for approval of a single-enterprise agreement by Ashtead Pty Ltd – Hampton C – 7 June
C2011/4411 s.739 - application to deal with a dispute by D Clarke and Cathilic Education Office, Archdiocese of Canberra & Goulburn – Drake SDP – 7 June
AG2011/9309 Schedule 3 item 10 - application to vary transitional instrument to remove ambiguity by Egans Asset Management Pty Ltd – Lewin C – 6 June
D2010/5025 s.158(1) RO Act - application for a lteration of eligibility rules by Police Federation of Australia – Kaufman SDP – 6 June
AG2011/5734 s.185 - application for approval of a single-enterprise agreement by Infraworks Services Pty Ltd – Ryan C – 6 June
B2011/2953 s.437 - application for protected action ballot order by Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees and JBS Australia Pty Ltd – Richards SDP – 6 June
Week 1
C2011/4589 s.418 - application for an order that industrial action by employees or employers stop etc. by Clyde Badcock-Hitachi (Australia) Pty Ltd and AMWU & others – Richards SDP – 4 June
AG2011/1019 s.185 - application for approval of a single-enterprise agreement by Degremont Pty Ltd & Thiess Services Pty Limited – Sams DP – 3 June
B2011/2897 s.459 - application to extend 30 day period in which industrial action is authorised by protected action ballot by ARTBIU-West Australian Branch and Australia Western Railroad Pty Ltd T/A ARG - A QR Company – Williams C – 3 June
C2011/292 s.739 - application to deal with a dispute by G Alderton & Z Dib and Chubb Security Services Ltd – Cambridge C – 3 June
C2011/4306 Schedule 3 item 10 - application to vary transitional instrument to remove ambiguity by GEO Group Australia Pty Ltd – Cambridge C – 2 June
AG2011/1136 s.185 - application for approval of a single-enterprise agreement by Qantas Airways Limited – Raffaelli C – 2 June
B2011/2942 s.437 - application for protected action ballot order by New South Wales Nurses' Federation and President Private Hospital Pty Ltd T/A President Private Hospital – Raffaelli C – 2 June
C2011/3660 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by CPSU and Victoria Police – Smith C – 1 June
C2011/4367 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Australian Services Union and City of Ballarat – Lawler VP – 1 June
AG2011/7509 s.185 - application for approval of a single-enterprise agreement by Transpacific Industries Pty Ltd – Asbury C – 1 June
AG2011/9373 s.185 - application for approval of a single-enterprise agreement by Top End Consulting Pty Ltd – Harrison SDP – 1 June
AG2011/9584 s.225 - application for termination of an enterprise agreement after its nominal expiry date by Schiavello (ACT) Pty Ltd – Blair C – 1 June
B2011/2931 s.437 - application for protected action ballot order by CFMEU and City Joiners Pty Ltd – Richards SDP – 1 June
C2011/4454 s.604 appeal of decisions by AMWU – Acton SDP – 1 June
Updated time
Last updated
23 July 2019
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