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2012 January 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
AG2011/14887 schedule 3 item 16 – application to terminate collective agreement-based transitional instrument by Eastern Health – Gooley C – 31 January
AG2012/2806 s.185 – application for approval of a single-enterprise agreement by United Precast Pty Ltd – Bartel DP – 31 January
B2012/16 s.437 – application for protected action ballot order by AWU and APA Pty Ltd – Bartel DP – 31 January
B2012/444 s.472 – application for an order relating to certain partial work bans by ASU and Tenants Union of Victoria Limited – Kaufman SDP – 31 January
C2011/6900 s.604 appeal of decisions by Qantas Airways Limited –Harrison SDP – 31 January
C2011/781 s.739 – application to deal with a dispute by UFUA-Victorian Branch and Metropolitan Fire and Emergency Services Board – Roe C – 31 January
C2011/5025 s.739 – application to deal with a dispute by Endeavour Energy and CEPU & others – Hamberger SDP – 31 January
C2011/6432 s.739 – application to deal with a dispute by AMWU and Caterpillar Underground Mining Pty Ltd – Gay C – 31 January
AG2011/3371 s.185 – application for approval of a single-enterprise agreement by Altus Traffic Pty Ltd and AWU – Ryan C – 30 January
C2011/781 s.739 – application to deal with a dispute by UFUA-Victorian Branch and Metropolitan Fire and Emergency Services Board – Roe C – 30 January
C2011/6465 s.739 – application to deal with a dispute by ASU and Hindmarsh Shire Council – Lawler VP – 30 January
Week 4
AM2012/2 s.160 – application to vary a modern award to remove ambiguity or uncertainty or correct error by Chapman – Lawler VP – 27 January
AG2011/13261 & others s.185 – application for approval of a single-enterprise agreement by ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) and SDAEA – McKenna C – 27 January
AG2011/14111 s.185 – application for approval of a single-enterprise agreement by Power Projects (NT) Pty Ltd – Lawler VP – 27 January
AG2012/2926 s.217 application to vary an agreement to remove an ambiguity or uncertainty by M Drummond and ACT Government, Chief Minister Katy – Lawler VP – 27 January
C2012/52 s.418 – application for an order that industrial action by employees or employers stop etc by Programmed Total Marine Services Pty Ltd and MUA – Williams C – 27 January
AG2011/14106 s.185 – application for approval of a single-enterprise agreement by 3M Australia Pty Limited and NUW – Cambridge C – 25 January
AG2011/14309 s.185 – application for approval of a single-enterprise agreement by HPA Distribution Pty Ltd and SDA – Cambridge C – 25 January
AG2011/14759 s.319 application for an order re instruments covering new employer and non-transferring employees in agreements by Metso Paper (ANZ) Pty Ltd –Cargill C – 25 January
C2012/2229 s.604 appeal of decisions by Suncorp Staff Pty Limited (Extract of Transcript of Proceedings) –Boulton J – 25 January
C2012/2229 s.604 appeal of decisions by Suncorp Staff Pty Limited –Boulton J – 25 January
AG2011/3893 s.185 – application for approval of a single-enterprise agreement by Stormseal Roofing Pty Ltd – Acton SDP – 24 January
AG2011/14884 s.185 – application for approval of a single-enterprise agreement by Aus-Tech Electrical & Automation Pty Ltd – Acton SDP – 24 January
B2011/4108 s.424 – application to suspend or terminate protected industrial action – endangering life etc. by State of Victoria and CPSU – Lawler VP – 24 January
B2012/442 s.459 – application to extend 30 day period in which industrial action is authorised by protected action ballot by United Voice and Barrett Burston Malting Co Pty Ltd – Kaufman SDP – 24 January
B2012/443 s.437 – application for protected action ballot order by CFMEU and Grocon Pty Ltd – Watson SDP – 23 January
C2011/6432 s.739 – application to deal with a dispute by AMWU and Caterpillar Underground Mining Pty Ltd – Gay C – 23 January
Week 3
AG2011/3382 s.185 – application for approval of a single-enterprise agreement by Metromix Pty Limited – Ryan C – 20 January
AG2011/3544 s.185 – application for approval of a single-enterprise agreement by CLM Infrastructure – Ryan C – 20 January
AG2011/3881 s.185 – application for approval of a single-enterprise agreement by Saundry – Lawler VP – 20 January
AG2011/14338 s.185 – application for approval of a single-enterprise agreement by Milbus Brothers Pty Ltd – Ryan C – 20 January
AG2011/3695 s.185 – application for approval of a single-enterprise agreement by GW Glass Pty Ltd – Ryan C – 19 January
AG2011/3886 s.185 – application for approval of a single-enterprise agreement by James Dickson & Co. Pty Ltd – Lewin C – 19 January
AG2011/14598 s.185 – application for approval of a single-enterprise agreement by Boral Resources (Country) Pty Ltd and AWU – Ryan C – 19 January
AG2011/14782 s.185 – application for approval of a single-enterprise agreement by Holcim (Australia) Pty Ltd – Ryan C – 18 January
AG2011/3798 s.185 – application for approval of a single-enterprise agreement by Resolve FM Pty Ltd – Ryan C – 17 January
C2012/2257 s.418 – application for an order that industrial action by employees or employers stop etc by Production Services Network Pty Limited and AMWU – Blair C – 17 January
AG2011/3450 & others s.185 – application for approval of a single-enterprise agreement by IES Resources Pty Ltd – Ryan C – 16 January
AG2011/3452 s.185 – application for approval of a single-enterprise agreement by Hymix Australia Pty Limited – Ryan C – 16 January
Week 2
B2012/4 s.437 – application for protected action ballot order by ASU and Electricity Generation Corporation T/A Verve Energy – Williams C – 13 January
B2012/5 s.437 – application for protected action ballot order by AMWU and Bitzer Australia Pty Ltd T/A Buffalo Trident – Blair C – 13 January
AG2011/14485 s.185 – application for approval of a single-enterprise agreement by Metro Urban Management Pty Ltd – Lee C – 12 January
AG2011/14223 s.217 application to vary an agreement to remove an ambiguity or uncertainty by United Super Pty Ltd – Smith C – 12 January
AG2011/14469 s.185 – application for approval of a single-enterprise agreement by Moonee Valley Racing Club – Lee C – 11 January
AG2011/14627 s.185 – application for approval of a single-enterprise agreement by Barrier Social Democratic Club Ltd and Broken Hill Town Employees Union – Watson VP – 11 January
AG2011/14701 s.210 – application for approval of a variation of an enterprise agreement by M & I Samaras No 1 Pty Ltd & others – Bartel DP – 11 January
C2012/21 s.418 – application for an order that industrial action by employees or employers stop etc by ASC Pty Ltd and AMWU – Steel C – 11 January
C2012/2170 s.739 – application to deal with a dispute by CFMEU and Anglo Coal (Moranbah North Management) Pty Ltd – Lawler VP – 11 January
AG2011/3617 s.185 – application for approval of a single-enterprise agreement by Smith – Sams DP – 10 January
B2012/403 s.437 – application for protected action ballot order by TWU and APA Pty Ltd – Bartel DP – 10 January
C2011/4776 s.739 – application to deal with a dispute by S Masima and Queenslanf Properties Investments Pty Ltd – Cambridge C – 10 January
C2011/6903 s.739 – application to deal with a dispute by TWU and Linfox Australia Pty Ltd – Harrison SDP – 10 January
AG2011/2717 s.185 – application for approval of a single-enterprise agreement by Corridor Sands Pty Ltd – Asbury C – 9 January
AG2011/14506 s.185 – application for approval of a single-enterprise agreement by Aries Tours Pty Ltd – Asbury C – 9 January
AG2011/14512 s.185 – application for approval of a single-enterprise agreement by Aged & Community Services Association of NSW & ACT Incorporated and Crookwell/Taralga Aged Care Ltd & others – Sams DP – 9 January
AG2011/14550 s.185 – application for approval of a single-enterprise agreement by Mermaide Marine Vessel Operations Pty Ltd – Sams DP – 9 January
AG2011/14552 s.185 – application for approval of a single-enterprise agreement by Swire Pacific Ship Management (Australia) Pty Ltd – Sams DP – 9 January
B2011/4119 s.437 – application for protected action ballot order by United Voice and George Weston Foods Limited T/A Tip Top Bakeries Canning Vale – Cloghan C – 9 January
Week 1
AG2011/12588 schedule 3 item 10 – application to vary transitional instrument to remove ambiguity by Crushing and Mining Equipment Services Pty Ltd – Williams C – 6 January
B2012/391 s.437 – application for protected action ballot order by United Voice and InvoCare Australia Pty Limited – Harrison SDP – 6 January
B2012/395 s.437 – application for protected action ballot order by TWU and P&O Trans Australia (WA) Pty Ltd – Williams C – 6 January
C2011/1174 s.604 appeal of decisions by Ambulance Victoria – Watson SDP – 6 January
AG2011/12522 s.217 application to vary an agreement to remove an ambiguity or uncertainty by Mermaid Marine Vessel Operations Pty Ltd and MUA – Williams C – 3 January
Updated time
Last updated
22 July 2019
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