2012 April 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

AG2011/14819 s.185 – application for approval of a single-enterprise agreement by Cement Australia – Asbury C – 30 April

AG2012/817 s.185 – application for approval of a single-enterprise agreement by JBS Australia Pty Limited – Asbury C – 30 April

AG2012/3295 s.185 – application for approval of a single-enterprise agreement by Apex Queensland Youth Camps Ltd – Asbury C – 30 April

B2011/4085 & B2011/4101 s.229 – application for a bargaining order by AMWU and Cochlear Limited and Another – Cargill C – 30 April

B2012/647 S.236 – application for majority support determination by AMWU and Routleys Bakeries Pty Ltd – Kaufman SDP – 30 April

B2012/568 s.238 – application for a scope order by NUW and Super Rail Group Ltd – Hamilton DP – 30 April

B2012/731 s.424 – application to suspend or terminate protected industrial action – endangering life etc. by The Salvation Army (Vic) Property Trust as trustee for Salvation Army (Vic) Social Work T/A Salvation Army Westcare and ASU – Kaufman SDP – 30 April

B2012/83 and others s.437 – application for protected action ballot order by HSU & Victorian Psychologists Association and Alfred & others – Gregory C – 30 April

Week 4

B2012/630 s.244(1) – variation of low-paid authorisations – remove employer by Aged Care Services Australia Group Pty Ltd and United Voice – Hampton C –27 April

B2012/81 s.437 – application for protected action ballot order by AEU and Department of Education and Early Childhood Development – Smith DP – 27 April

B2012/697 s.437 – application for protected action ballot order by CFMEU and Monadelphous Engineering Pty Ltd – Booth C – 27 April

B2012/730 s.437 – application for protected action ballot order by AMWU and Sensis Pty Ltd – Lewin C – 27 April

AG2012/3299 s.185 – application for approval of a single-enterprise agreement by Chubb Security Services Limited and TWU & NUW – Hamberger SDP – 26 April

C2012/402 s.418 – application for an order that industrial action by employees or employers stop etc. by Harsco Metals Pty Ltd – McDonald C – 26 April

B2012/682 s.437 – application for protected action ballot order by NUW and Tasman Chemicals Pty Ltd – Blair C – 26 April

C2012/294 s.604 – appeal of decisions by Jalea –Drake SDP – 26 April

C2011/7059 s.739 – application to deal with a dispute by AWU and Alcoa World Alumina Australia Limited – Williams C – 26 April

B2012/649 S.236 – application for majority support determination by United Voice and Crown Melbourne Limited – Kaufman SDP – 24 April

B2012/705 S.236 – application for majority support determination by AMWU and Kmart Australia Limited T/A Kmart Tyre & Auto Service – O’Callaghan SDP – 24 April

C2012/2854 s.739 – application to deal with a dispute by CFMEU and Hay Point Services Pty Ltd – Spencer C – 24 April

C2012/3466 s.739 – application to deal with a dispute by Rail Corporation New South Wales (RailCorp) and ASU & ARTBIU – Cambridge C – 24 April

C2011/6418 s.739 – application to deal with a dispute by NUW and Linfox Australia Pty Ltd – Bissett C – 24 April

AG2012/1122 s.185 – application for approval of a single-enterprise agreement by Eastern Australia Airlines Pty Limited – Sams DP – 23 April

AG2012/1090 s.185 – application for approval of a single-enterprise agreement by Northern Stevedoring Services Pty Ltd – Hampton C – 23 April

AG2012/1191 s.185 – application for approval of a single-enterprise agreement by Hall Contracting Pty Ltd – Hampton C – 23 April

B2012/690 s.424 – application to suspend or terminate protected industrial action – endangering life etc. by The GEO Group Australia Pty Ltd and CPSU – Smith DP – 23 April

C2012/2493 s.739 – application to deal with a dispute by Monash College Pty Ltd and NTEU – Smith DP – 23 April

C2012/2808 s.739 – application to deal with a dispute by A Mucci and Consulate General of Italy in Melbourne (as agent of the Italian State in Australia) – Kaufman SDP – 23 April

Week 3

B2012/79 s.437 – application for protected action ballot order by CFMEU and LCR Group Pty Ltd – Richards DP – 20 April

C2012/261 s.739 – application to deal with a dispute by NUW and DHL Supply Chain (Australia) Pty Limited – Cambridge C – 20 April

Fair Work Australia's welcome of Deputy President Booth and Commissioner Riordan, Sydney – 19 April 2012

AG2012/4397 s.185 – application for approval of a single-enterprise agreement by Mintbourne Pty Ltd as Trustee for the M Menkens Family Trust – Sams DP – 19 April

C2012/3384 s.739 – application to deal with a dispute by MUA and Sydney Ferries – Sams DP – 19 April

B2012/75 s.437 – application for protected action ballot order by CFMEU and Brookfield Multiplex Australasia Pty Ltd – Richards DP – 18 April

B2012/667 s.437 – application for protected action ballot order by CPSU – Smith DP – 18 April

C2012/2493 s.739 – application to deal with a dispute by Monash College Pty Ltd and NTEU – Smith DP – 18 April

AG2012/4463 s.185 – application for approval of a single-enterprise agreement by DOF Management – Sams DP – 17 April

B2012/621 s.240 – application to deal with bargaining dispute by Boeing Aerostructures Australia Pty Ltd and AMWU & other – MacDonald C – 13 April

B2012/687 & B2012/688 s.229 – application for a bargaining order by AMWU and Coates Hire Operations Pty Limited T/A Coates Hire Limited s.240 – application to deal with a bargaining dispute by AMWU and Coates Hire Operations Pty Limited T/A Coates Hire Limited – McDonald C – 17 April

AG2012/4570 s.185 – application for approval of a single-enterprise agreement by Sydney Ferries and AIMPE – Sams DP – 16 April

Week 2

AG2012/961 s.185 – application for approval of a single-enterprise agreement by Svitzer Australia Pty Limited and MUA & another – Sams DP – 13 April

AG2012/974 s.185 – application for approval of a single-enterprise agreement by Bartter Enterprises Pty Ltd and AWU – Sams DP – 13 April

AG2012/982 s.185 – application for approval of a single-enterprise agreement by Fodico Pty Ltd – Sams DP – 13 April

AG2012/996 s.185 – application for approval of a single-enterprise agreement by Sunstate Airlines (QLD) Pty Limited – Sams DP – 13 April

AG2012/3987 s.185 – application for approval of a single-enterprise agreement by Northern Melbourne Institute of TAFE – Lee C – 13 April

B2011/4085 & B2011/4101 s.229 – application for a bargaining order by AMWU and Cochlear Limited & other – Cargill C – 13 April

B2012/512 s.240 – application to deal with bargaining dispute by PPG Industries Australia Pty Ltd and United Voice – Gay C – 13 April

B2012/665 s.240 – application to deal with bargaining dispute by Hawker Pacific Pty Ltd and ALAEA – Kaufman SDP – 13 April

B2012/67 & B2012/638 s.437 – application for protected action ballot order by CEPU and Simplot Australia Pty Ltd – Acton SDP – 13 April

B2012/667 s.437 – application for protected action ballot order by CPSU – Smith DP – 13 April

C2012/3195 s.739 – application to deal with a dispute by M Rahman and Offshore Marine Services – Sams DP – 13 April

AG2012/778 s.185 – application for approval of a single-enterprise agreement by Hem Enterprises Pty Ltd – Hampton C – 12 April

AG2012/1038 s.185 – application for approval of a single-enterprise agreement by Steggles Farming Pty Ltd – Sams DP – 12 April

AG2012/3985 s.185 – application for approval of a single-enterprise agreement by Hastings Valley Haulage – Cambridge C – 12 April

AG2012/4013 s.185 – application for approval of a single-enterprise agreement by DHL Supply Chain (Australia) Pty Limited – Cambridge C – 12 April

C2012/2876 s.604 – appeal of decisions by Woolworths Limited –Acton SDP, Hamilton DP, Roe C – 12 April

C2012/2957 s.604 – appeal of decisions by ACI Operations Pty Ltd –Watson VP, Hamberger SDP, Booth C – 12 April

C2012/2863 s.739 – application to deal with a dispute by BP Refinery (Kwinana) Pty Ltd and AMWU & others – Williams C – 12 April

C2012/3348 s.739 – application to deal with a dispute by Toyota Motor Corporation Australia Limited and AMWU (Extract of Transcript of Proceedings) – Gay C – 12 April

C2012/3348 s.739 – application to deal with a dispute by Toyota Motor Corporation Australia Limited and AMWU – Gay C – 12 April

C2011/6208 s.739 – application to deal with a dispute by AMWU and Ford Motor Company of Australia Limited – Gay C – 12 April

AG2012/2916 s.217 application to vary an agreement to remove an ambiguity or uncertainty by Brunel Technical Services Pty Ltd and AMWU & others – Watson SDP – 11 April

B2012/668 s.238 – application for a scope order by CEPU and Fredon Industries Pty Limited – MacDonald C – 11 April

B2012/676 s.240 – application to deal with bargaining dispute by CEPU and DDP Electrical Services Pty Ltd – MacDonald C – 11 April

C2012/3358 s.418 – application for an order that industrial action by employees or employers stop etc. by Downer EDI Engineering Power Pty Ltd / Downer EDI Engineering Electrical Pty Ltd and AWU – Blair C – 11 April

B2012/660 s.437 – application for protected action ballot order by CEPU and Boeing Aerostructures Australia Pty Limited – MacDonald C – 11 April

C2012/2185 s.604 – appeal of decisions by Overduin –Watson VP, Hamberger SDP, Booth C – 11 April

C2012/2747 & C2012/2748 s.604 – appeal of decisions by A Akee and Another and Townsville Aboriginal & Islander Health Services Ltd –Acton SDP, Hamilton DP, Roe C – 11 April

C2012/2765 s.604 – appeal of decisions by J Grimshaw and SolveIT Software Pty Ltd –Watson VP, Hamberger SDP, Booth C – 11 April

C2012/257 s.739 – application to deal with a dispute by AMWU and McCain Foods (Aust) – Gay C – 11 April

C2012/3348 s.739 – application to deal with a dispute by Toyota Motor Corporation Australia Limited and AMWU – Gay C – 11 April

AG2012/892 s.185 – application for approval of a single-enterprise agreement by NurseLink Foundation Limited – Hampton C – 10 April

AG2012/4226 s.185 – application for approval of a single-enterprise agreement by Jan De Nui (Australia) Pty Ltd – Sams DP – 10 April

AG2012/4287 s.185 – application for approval of a single-enterprise agreement by Southern Montessori Education Centre Inc – Steel C – 10 April

AG2012/4288 s.185 – application for approval of a single-enterprise agreement by RCR Energy Service Pty Ltd – O'Callaghan SDP – 10 April

AG2012/4303 s.185 – application for approval of a single-enterprise agreement by IEUA-New South Wales/Australian Capital Territory Branch – Sams DP– 10 April

B2012/671 s.229 – application for a bargaining order by NUW and Ross Cosmetics Australia Pty Ltd – Roe C – 10 April

B2012/67 & B2012/638 s.437 – application for protected action ballot order by CEPU and Simplot Australia Pty Ltd – Acton SDP – 10 April

Week 1

AG2012/871 s.185 – application for approval of a single-enterprise agreement by Nestle Australia Ltd – Sams DP – 5 April

AG2012/888 s.185 – application for approval of a single-enterprise agreement by Chubb Security Services Limited and New Sourth Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union – Sams DP – 5 April

AG2012/1037 s.185 – application for approval of a single-enterprise agreement by Sava Engineering Pty Ltd – Ryan C – 5 April

C2012/3305 s.418 – application for an order that industrial action by employees or employers stop etc. by Chubb Fire and Security and TWU – Hamberger SDP – 5 April

B2012/657 & B2012/658 s.437 – application for protected action ballot order by NUW and Ross Cosmetics Australia Pty Ltd – Roe C – 5 April

C2011/4776 s.739 – application to deal with a dispute by S Masima and Queenslanf Properties Investments Pty Ltd – Cambridge C – 5 April

AG2012/241 s.185 – application for approval of a single-enterprise agreement by Abigroup Constractors Pty Ltd – Booth C – 4 April

AG2012/707 s.185 – application for approval of a single-enterprise agreement by Maroondah City Council – Smith DP – 4 April

AG2012/3940 s.185 – application for approval of a single-enterprise agreement by Aus-Tech Electrical & Automation Pty Ltd – Acton SDP – 4 April

AG2012/4211 s.185 – application for approval of a single-enterprise agreement by Port Kembla Coal Terminal Ltd and CFMEU – Sams DP – 4 April

B2011/4015 S.236 – application for majority support determination by TWU and ISS Services Pty Ltd T/A ISS Facility Services – Lewin C – 4 April

AG2012/2953 s.318 – application for an order relating to instruments covering new employer and transferring employees in agreements by Zi-Argus Australia Pty Ltd – Acton SDP – 4 April

C2012/3294 s.418 – application for an order that industrial action by employees or employers stop etc. by Quality Bakers Australia Pty Ltd and United Voice – Cloghan C – 4 April

B2012/652 s.437 – application for protected action ballot order by ASU and Metropolitan Fire & Emergency Services Board – Roe C – 4 April

C2011/6970 s.604 – appeal of decisions by CJ Manfield Pty Ltd –Watson VP, McCarthy DP, Jones C – 4 April

C2011/6208 s.739 – application to deal with a dispute by AMWU and Ford Motor Company of Australia Limited – Gay C – 4 April

C2012/3025 s.120 – application to vary redundancy pay for other employment or incapacity to pay by K Sjollema and M White – Asbury C – 3 April

AG2012/936 s.185 – application for approval of a single-enterprise agreement by SeaRoad Shipping Pty Ltd and MUA – Sams DP – 3 April

AG2011/3910 s.185 – application for approval of a single-enterprise agreement by 2 Fresh Pty Ltd as Trustee for the K-Tong Trust & others – Simpson C – 3 April

AG2012/4295 s.185 – application for approval of a single-enterprise agreement by Parmalat Food Products Pty Ltd and TWU – Sams DP – 3 April

B2011/4015 S.236 – application for majority support determination by TWU and ISS Services Pty Ltd T/A ISS Facility Services – Lewin C – 3 April

C2011/6962 s.604 – appeal of decisions by Dafallah –Watson VP, McCarthy DP, Jones C – 3 April

C2011/4880 s.739 – application to deal with a dispute by Visy Paper Pty Ltd T/A Visy Recycling and AMWU – Cargill C – 3 April

C2011/6208 s.739 – application to deal with a dispute by AMWU and Ford Motor Company of Australia Limited – Gay C – 3 April

AG2012/2877 s.185 – application for approval of a single-enterprise agreement by Border Express Pty Ltd – Asbury C – 2 April

AG2012/3811 s.185 – application for approval of a single-enterprise agreement by A & R Magill Pty Ltd – Cambridge C – 2 April

AG2012/4237 s.319 application for an order re instruments covering new employer and non-transferring employees in agreements by National Jet Express Pty Ltd –Hampton C – 2 April

C2012/3246 s.418 – application for an order that industrial action by employees or employers stop etc. by DP World (Fremantle) Limited and MUA – Watson VP – 2 April

B2012/643 s.437 – application for protected action ballot order by CFMEU and Loy Yang Power Management Pty Ltd – Bissett C – 2 April

C2011/6208 s.739 – application to deal with a dispute by AMWU and Ford Motor Company of Australia Limited – Gay C – 2 April

C2012/3253 s.418 – application for an order that industrial action by employees or employers stop etc. by Qube Ports Pty Ltd and MUA – Kaufman SDP – 1 April

 

 

 

 

 

 

 

 

 

 

 

Updated time

Last updated

22 July 2019

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