Fair Work Commission

Matter: [2021] FWC 1818 and [2021] FWCFB 6015

Summary

McKenna C

Application for unfair dismissal remedy dismissed.

Hatcher VP; Dean DP; Riordan C

Permission to appeal refused.

Court Summary

n/a

Status

Matter NSD1119/2021 was lodged in the Federal Court on 22 October 2021. On 16 December 2021, the matter was formally discontinued..

Matter: [2019] FWC 1745 [2019] FWCFB 7163

Summary

Binet DP

The dispute concerned staffing levels on a new type of vessel operated by Maersk to service offshore oil and gas platforms; the Commission determined in favour of the CFMMEU.

Hatcher VP, Colman DP, McKenna C

Permission to appeal was refused by the majority Bench.

Court summary

Colvin J

The Court dismissed the interlocutory application on 6 May 2020.

Colvin J 

The Court dismissed the application on 25 November 2020. 

Status

An appeal was lodged against the decision of Colvin J in the Federal Court on 21 December 2020 (WAD302/2020). The Full Federal Court dismissed the appeal on 17 December 2021.

Matter: [2020] FWC 5784 and [2021] FWCFB 411

Summary

Wilson C

Application for unfair dismissal remedy granted.

Catanzariti VP; Anderson DP; Bissett C

Permission to appeal granted; appeal upheld.

Court Summary

The Full Court dismissed application VID129/2021 on 3 December 2021.

Status

Closed.

Matter: [2019] FWC 7404; [2020] FWCFB 407

Summary

Dean VP

The application for an unfair dismissal remedy was out of time; the Commission in the first instance found no exceptional circumstances justified the delay.

Sams DP; Bull DP; McKenna C

Permission to appeal refused.

Court summary

Abraham J

The applicant's interlocutory application in NSD212/2020 was dismissed on 16 October 2020.

The Court found no jurisdictional error and dismissed the applications on 23 April 2021. 

An appeal was lodged in the Federal Court on 20 May 2021 (NSD461/2021). The matter was discontinued on 25 October 2021.

Status

Closed.

Matters:  N/A

Summary

N/A

Court summary

Application lodged in Federal Court on 28 June 2021 seeking declaration Commission not empowered to deal with dispute (NSD624/2021).

Matter discontinued on 6 October 2021.

Status

Closed.

Matters:  [2018] FWC 4762 Appeal upheld in [2020] FWCFB 1301

Summary

Hunt C 

The Commission in the first instance did not find that the dismissal was unfair and dismissed the application.

Sams DP; Gostencnik DP; McKinnon C

The Full Bench allowed the appeal and remitted the matter for remedy. 

Simpson C 

The Commission found the dismissal to be unfair and that reinstatement was inappropriate, and ordered the maximum possible compensation. 

Hatcher VP; Millhouse DP; Hampton C

Appellant appealed seeking a remedy of reinstatement. The Full Bench upheld the appeal. 

Court summary

Application QUD385/2019 was dismissed on 6 February 2020. 

Collier J dismissed the appeals QUD65/2020 and QUD66/2020 on 21 August 2020. 

Application for an extension of time and leave to appeal dismissed by Federal Court on 6 October 2021 (QUD161/2021)

Status

Closed.

Matter: [2019] FWCA 6468 

Summary

Circovic C

The Commission approved the Armor Safety Pty Ltd & The Australian Workers' Union Agreement 2019. 

Court summary

Appeal lodged in the Federal Court on 14 December 2020 (VID791/2020) discontinued on 25 August 2021

Status

Closed.  

Matter: [2019] FWC 4235

Summary

Johns C

The Commission held that the Commission had jurisdiction to determine the dispute under an agreement the employer inherited after winning a tender.

Court summary

McKerracher J dismissed application WAD389/2019 with no order for costs on 25 March 2020.

Appeal WAD93/2020 was dismissed 2-1 by the Full Court on 24 February, 2021.

Special leave application to the High Court refused on 12 August 2021.

Status

Closed.

Matters: [2019] FWC 6767 and [2020] FWCFB 4. 

Summary

Cambridge C

The dispute was determined broadly in accordance with the application made by the RTBU. 

Catanzariti VP; Sams DP; Saunders DP

The Full Bench dismissed the appeal. 

Court summary

The Full Court of the Federal Court dismissed application NSD100/2020. 

Status

Closed. 

Matter reviewed: [2020] FWCFB 3523

Summary 

Cross DP

Commission refused application for an extension of time to lodge an unfair dismissal application. 

Hatcher VP; Sams DP; Dean DP

Full Bench refused permission to appeal. 

Court Summary

n/a

Status 

Proceeding NSD946/2020 was dismissed on 5 March 2021. 

Matters: [2020] FWC 1015; Appeal upheld in [2020] FWCFB 3439

Summary

Riordan C

The Commission found no valid reason for dismissal and ordered reinstatement as an appropriate remedy.

Millhouse DP; Young DP; Cirkovic C

The Full Bench upheld the appeal and on redetermination dismissed the application for an unfair dismissal remedy.

Court summary

The Full Court dismissed the proceeding on 12 March 2021. 

Status

Closed. 

Matter: [2020] FWCFB 1704

Summary

Hatcher VP; Booth DP; Cambridge C

4 yearly review of modern awards—Supported Employment Services Award 2010.

Court summary

The Full Court dismissed application VID336/2020 and refused leave for the applicant to file an amended application.

Status

Closed.