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2006 May 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
AG2006/3949 s.170LJ agreement with organisation of employees - application by Sitehost Pty Ltd t/as Hilton Adelaide & LHMU – SA Branch and another – Hampton DP - 31 May
C2006/2519 s.120 appeal to Full Bench by Charlton, Andrew Kenneth – Lawler VP, Blain DP, Gay C - 30 May
C2005/3229 s.170LW application for settlement of dispute by CPSU and MacQuarie University – Raffaelli C – 30 May
C2006/2607 s.170LW pre-reform Act - application for settlement of dispute by AMWU and ACI Glass Packaging Pty Ltd – Blair C – 30 May
AG2006/3151 s.170LJ agreement with organisation of employees - application by J Hallet & Sons Pty Ltd t/as Austral Bricks Golden Grove and CEPU and others – Dangerfield C - 29 May
C2006/2527 s.120 appeal to Full Bench by Fox, Greg – March SDP, Harrison SDP, Gay C - 29 May
Week 4
C2006/2576 s.553(1) - application for variation of award by AMIEU – Grainger C – 25 May
BP2006/2768 s.451(1) application for order for protected action ballot to be held by ACCA and ACT Department of Education and Training – Richards SDP – 25 May
AG2006/3686 s.170LK agreement with employees (Division 2) - application by Australian Wool Testing Authority Limited – Blair C - 26 May
C2006/2589 s.170LW pre-reform Act - application for settlement of dispute by Corke Instrument Engineering (Australian) Pty Ltd and CEPU – Ives DP – 24 May
C2006/2585 s.170LW pre-reform Act - application for settlement of dispute by Hooker Cockram Ltd, CFEU and Victorian Building Industry Disputes Panel – Ives DP – 24 May
C2006/1048 s.45 appeal to Full Bench by Christos, George – Harrison SDP - 24 May
C2006 /2485 s.45 appeal to Full Bench by ASU – Watson SDP, O’Callaghan SDP, Whelan C - 23 May
BP2006/2761 s.451(1) application for order for protected action ballot to be held by AMWU and Gliderol International Pty Ltd – Richards SDP – 23 May
Week 3
C2006/2577 s.496(1) application for order against industrial action (federal system) by Bendigo Mining Limited & CEPU, CFMEU and AMWU - Simmonds C – 19 May
AG2006/2150 s.170MH pre-reform Act - Application by Go Medical Industries Pty Ltd & NUW-WA branch to terminate agreement (public interest) – McCarthy DP C - 19 May
AG2006/4493 s.170MG application by Aboriginal Sobriety Group of SA Inc & ASU, SA & NT Branch – Bartel C - 19 May
AG2006/4147 s.170LJ application by Gribbles Group Ltd and HSUA-Victoria No 3 Branch for agreement with organisations of employees - Cribb C - 19 May
C2006/1064 s.496(1) application for order against industrial action (federal system) by P.T Garuda Indonesia Limited and ASU - Blain DP – 19 May
D2005/28 s.18(1(a) application of RAO Schedule by the Master Plumbers & Mechanical Contractors Association of NSW - Kaufman SDP - 18 May
AG2006/4162 s.170LJ application by TWU Victorian/Tasmanian Branch and Northern Territory Freight Services Pty Ltd and Ascot Haulage (NT) Pty Ltd for agreement with organisations of employees – Dangerfield C - 18 May
AG2006/4161 s.170LJ application by TWU Victorian/Tasmanian Branch and PFD Food Services Pty Limited and another for agreement with organisations of employees– Dangerfield C - 18 May
AG2006/4382 s.170LJ application by TWU and DHL Express (Australia) Pty Ltd for agreement with organisations of employees– Dangerfield C - 18 May
AG2006/4073 s.170LJ application by TWU and Fletchers Freighters Pty Ltd for agreement with organisations of employees) – Dangerfield C - 18 May
AG2006/4213 s.170LJ application by TWU and Cater Plus Pty Ltd t/as John Lewis Foodservice for agreement with organisations of employees– Dangerfield C - 18 May
AG2006/4494 s.170MHA pre-reform Act - Application to terminate agreement by RJ Welsh & Son Pty Ltd and CFMEU, Tasmanian Divisional Branch – Ives DP - 18 May
C2006/2577 s.496(1) application for order against industrial action (federal system) by Bendigo Mining Limited and CEPU and others – Simmonds C – 18 May
AG2006/4478 s.170MH pre-reform Act - Application to terminate agreement (public interest) – Simmonds C - 18 May
C2006/1064 s.496(1) application for order against industrial action (federal system) by P.T Garuda Indonesia Limited and ASU – Blain DP – 18 May
AG2006/3876 s.170LK application by Nike Australia Pty Ltd (Extract of Transcript of Proceedings) - Kaufman SDP - 17 May
BP2006/2625 s.451(1) application by ASU and Gay Men’s Health Centre Inc. - Smith C - 16 May
C2006/2212 s.170LW application for settlement of dispute by Flight Attendants Association of Australia and Regional Express Holdings Limited (Extract of Transcript of Proceedings) – Kaufman SDP – 16 May
AG2006/4478 s.170MH pre-reform Act - Application to terminate agreement (public interest) – Simmonds C - 16 May
C2006 /2122 & C2006/2123 & C2006/1480 s.45 appeal by The MUA and Dateline Shipping and Travel Ltd and Celtic Marine (Hong Kong) Ltd– Giudice J, Lacy SDP, Larkin C - 16 May
C2006/1061 s.496(1) application for order against industrial action (federal system) by P.T Garuda Indonesia Limited and ASU - Blain DP – 15 May
Week 2
C2006/2457 s.170LW applications for settlement of dispute by CPSU and Victoria Legal Aid - Hamilton DP - 12 May
C2006/107 s.170LW applications for settlement of dispute by AFAP and Lloyd Helicopter Group - Hampton DP - 11 May
C2006/2463 s.170LW applications for settlement of dispute by NTEU and University of Technology, Sydney - Lawson C - 11 May
C2006/2479 s.170LW applications for settlement of dispute by FAAA-International Division (Fed) and Qantas Airways Limited - Raffaelli C - 11 May
BP2006/2591 s.451(1) application by AMWU and Amcor Packaging (Australasia) Pty Ltd for order for protected action ballot to be held - Gay C - 8 May
C2006/2490 s.554(5) application by CSR Limited for variation of award (name of bound party) – Raffaelli C – 11 May
C2006/2210 s.99 notification of an industrial dispute by AMOU, The-Southern Area MUA, The-Tasmanian Branch and Tasmania Ports Corporation Pty Ltd – Raffaelli C - 10 May
AG2006/4147 s.170LJ application by Gribbles Group Ltd and HSUA-Victoria No 3 Branch for certification of agreement - Cribb C - 10 May
C2006/2545 s.170LW applications for settlement of dispute by AWU and Dolphin Products Pty Ltd - Blair C - 10 May
C2006/2548 s.496(1) application for order against industrial action (federal system) by Terminals Pty Ltd and NUW - Larkin C – 10 May
AG2006/4490 s.170MD(6) application by Ochre Health Pty Limited. for variation of certified agreement to remove ambiguity - Lawson C - 9 May
C2006/2530 s.170LW applications for settlement of dispute by AFAP and Civil Aviation Safety Authority - Smith C - 9 May
C2006/2549 s.496(1) application for order against industrial action (federal system) by Huon Corporation Pty Ltd and NUW - Blair C – 9 May
D2005/24 s.158(1) application of RAO Schedule by Australian Education Union for alteration of eligibility rules - Kaufman SDP - 8 May
BP2006/2591 s.451(1) application by AMWU and Amcor Packaging (Australasia) Pty Ltd for order for protected action ballot to be held - Gay C - 8 May
C2006/2547 s.496(1) application for order against industrial action (federal system) by Vopak Terminals Sydney Pty Ltd t/as Vopak and NUW - Hamberger SDP – 8 May
Week 1
C2006 /1566 s.45 appeal by TCN Channel Nine Pty Ltd and others – Harrison SDP - 5 May
AG2006/4487 s.170MH application by Chubb Security Australia Pty Ltd t/as Chubb Electronic Security for termination of agreement (public interest) – Ives DP - 5 May
BP2006/2591 s.451(1) application by AMWU and Amcor Packaging (Australasia) Pty Ltd for order for protected action ballot to be held - Gay C - 5 May
AG2006/3691 s.170LJ application by ASU-Victorian Private Sector Branch and Arthritis Foundation of Victoria Inc t/as Arthritis Victoria, Incorporating Osteoporosis Victoria for certification of agreement - Kaufman SDP - 4 May
AG2006/4487 s.170MH application by Chubb Security Australia Pty Ltd t/as Chubb Electronic Security for termination of agreement (public interest) – Ives DP - 3 May
C2006/2258 s.170LW applications for settlement of dispute by DR Robert Austin and RMIT University - Richards C - 3 May
C2006/2520 s.170LW applications for settlement of dispute by CEPU and Tricom Cabling Services Pty Ltd - Simmonds C - 3 May
BP2006/2586 s.451(1) application by CEPU and Downer Electrical Pty Ltd for order for protected action ballot to be held - Simmonds C - 3 May
C2006/1048 s.45 appeal by Christos, George - Harrison SDP - 2 May
C2006/119 s.170LW applications for settlement of dispute by TWU and TNT Logistics (Australia) Pty Ltd - Lewin C - 2 May
C2006/2428 s.170LW applications for settlement of dispute by UFUA and Country Fire Authority - Foggo C - 2 May
C2006/2514 s.170LW applications for settlement of dispute by ARTBIU-New South Wales Branch and Rail Infrastructure Corporation Association of Professional Engineers, Scientists and Managers, Australia, The New South Wales Branch & others - Larkin C - 2 May
C2006/2523 s.170LW applications for settlement of dispute by AMWU and Merino Pty Ltd t/as PCC Packaging - Redmond C - 2 May
C2006/123 & C2006/2497 s.120 appeal to full bench by TWU - Giudice J - 1 May
AG2006/4484 s.170MG application by AIMPE and Inco Ships Pty Ltd to terminate agreement (valid majority) - Lawson C - 1 May
AG2006/3211 s.170LJ application by Citywide Services Solutions Pty Ltd and AWU-Victorian Branch for certification of agreement - Ives DP - 1 May
C2006/1862 s.170LW applications for settlement of dispute by ARTBIU and Railcorp - Larkin C - 1 May
C2006/2515 s.170LW applications for settlement of dispute by AWU and Moonee Valley Racing Club - Mansfield C - 1 May
Updated time
Last updated
28 August 2019
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