NEWS HR

Airservices Australia Pty Ltd is being asked to account for its dismissal of a high flyer (Iapozzuto).

ENTERPRISE AGREEMENTS – termination of agreement – Sch.3, Item 16 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 – application by Pinarello Blues P/L atf Judds Discretionary Trust t/a Yankalilla Hotel (the applicant) to terminate the Yankilla Hotel/LHMU Collective Agreement 2007-2011 (the Agreement) – the Agreement had a nominal expiry date of 1 May 2011 – United Voice opposed application to terminate the Agreement because some existing workers will lose income and new and existing employees will not have the benefit of certain protections under the Agreement – applicant proposed to enter into arrangements with employees will not have the benefits that may arise from transition to Hospitality Industry (General Award 2010 – a majority of the employees covered by the Agreement indicated support for its termination – application before the Commission meets the requirements of s.225 of FW Act, being an application to terminate the Agreement after its normal expiry date – the Commission must exercise the power to terminate the Agreement under s.226 if satisfied it is not contrary to the public interest and if it considers it appropriate to do so taking into account all the circumstances – Aurizon considered – whether in public interest – broad proposition that there will never be a public interest in maintaining a transitional instrument not accepted – determination of where the public interest lies can involve a balancing of interests including competing public interests and is a question of fact and degree – approach of VP Watson in ERA adopted in that the requirement to take into account the views and circumstances of the parties should involve a consideration of the reasons for their views and the validity of their concerns – it is a serious step to override the common position of the applicant and a majority of its employees – Agreement terminated. Yankalilla Hotel/LHMU Collective Agreement 2007-2011.

TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – s.394 Fair Work Act 2009 – matter did not settle at conciliation and negotiations continued – parties reached an agreement but did not discuss when monies would be paid – respondent signed terms of settlement, applicant did not – applicant requested matter be relisted – applicant’s representative raised issue of 28 day time period for payment – respondent’s representative advised payment could be processed within seven days – applicant rejected offer – respondent filed objection with Commission – respondent submitted applicant’s claim had been extinguished and must be dismissed – if there is a binding agreement between parties to an unfair dismissal application, then application has no reasonable prospects of success and may be dismissed [Gorman] – Commission did not consider 28 days to be unreasonable – settlement agreement upheld despite no agreement about mutual release – Zoiti-Licastro relevant – Commission concluded there was a binding agreement – application not dismissed – respondent to comply with settlement within seven days. Kramer v NSW Trains

TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 611 Fair Work Act 2009 – application for costs – in previous proceedings the Commission found that the applicant had been unfairly dismissed and ordered compensation of $10,621.50, less appropriate taxation, in lieu of reinstatement [[2015] FWC 7389] – no submissions received from respondent regarding costs application – respondent failed to appear at hearing – Commission found the respondent’s conduct in this matter had been unreasonable at a number of stages and were it not for this conduct, the applicant would not have had a basis for making a costs application – satisfied that the respondent’s conduct caused some of the applicant’s costs to be incurred because of an unreasonable act or omission in connection with the conduct or continuation of the matter – respondent ordered to pay costs of $11,150.33. Cincotta v Coffee Management and Solutions P/L.

Jetstar Airways Pty Ltd has been accused of pushing out a staff member (Gial) unfairly.

An application for approval of the Queensland Performing Arts Centre Enterprise Agreement 2015 is being reviewed by Fair Work Commissioner Simpson in Brisbane.

The Flight Attendants’ Association of Australia and Qantas Airways Limited are in a s.739 (application to deal with a dispute) arm wrestle in the Fair Work Commission in NSW.

An application for approval of the Brunswick Bar Supplies Pty Ltd – Enterprise Agreement 2015 is to be decided by Fair Work Deputy President Sams in Sydney.