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2010 September 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
AG2010/14068 s.185 - application for approval of a single-enterprise agreement by Steelframe Solutions Pty Ltd – Ryan C – 30 September
AG2010/17502 s.185 - application for approval of a single-enterprise agreement by ITC Limited T/A Wollongong College Australia and IEUA & NTEU – Sams DP – 30 September
AG2010/17633 s.185 - application for approval of a single-enterprise agreement by The Paraplegic and Quadriplegie Association of South Australia Incorporated – Hampton C – 30 September
C2010/5024 s.418 - application for an order that industrial action by employees or employers stop etc. by POAGS Pty Ltd – Cloghan C – 30 September
C2010/5055 s.418 - application for an order that industrial action by employees or employers stop etc. by Thiess Services Pty Ltd and TWU – Harrison C – 30 September
B2010/3456 & B2010/3460 s.437 - application for a protected action ballot order by CEPU and Downer EDI Rail – Richards SDP – 30 September
C2010/4570 s.604 appeal of decisions by PR Palais Royale Guesthouse – Giudice J, Hamberger SDP,MacDonald C – 30 September
C2010/3176 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by ANF and Bairnsdale Regional Health Service – Gooley C – 29 September
AG2010/14600 s.185 - application for approval of a single-enterprise agreement by IEUA – Sams DP – 29 September
AG2010/14618 s.185 - application for approval of a single-enterprise agreement by IEUA – Sams DP – 29 September
AG2010/17391 s.185 - application for approval of a single-enterprise agreement by University of Technology Sydney – Sams DP – 29 September
AG2010/17393 s.185 - application for approval of a single-enterprise agreement by University of Technology Sydney – Sams DP – 29 September
B2010/3416 s.236 application for a majority support determination by IEUA and Albury Wodonga Community College – Roberts C – 29 September
B2010/3442 s.236 application for a majority support determination by IEUA and Catholic Education Officer, Archdiocese of Canberra & Goulburn – Roberts C – 29 September
B2010/3455 s.437 - application for a protected action ballot order by CFMEU and Boom Logistics Ltd – Richards SDP – 29 September
B2010/3446 s.459 - application to extend 30 day period in which industrial action is authorised by protected action ballot by MUA and DP World Adelaide Pty Ltd – Hampton C – 29 September
C2010/4292 s.604 appeal of decisions by GEO Group Australia Pty Ltd – Giudice J, Hamberger SDP, Cambridge C – 29 September
C2010/4985 s.604 appeal of decisions by Somerville Retail Services Pty Ltd and AMIEU – Watson VP – 29 September
AG2010/2247 & AG2010/2248 s.185 - application for approval of a single-enterprise agreement by Inco Ships Pty Ltd – Raffaelli C – 28 September
AG2010/17383 s.185 - application for approval of a single-enterprise agreement by P&O Maritime Services Pty Ltd – Raffaelli C – 28 September
AG2010/13717 s.225 - application for termination of an enterprise agreement after its nominal expiry date by Veterinary Referral Services Pty Ltd – Bartel DP – 28 September
C2010/4457 & C2010/4468 s.604 appeal of decisions by Ulan Coal Mines Limited – Giudice J, Hamberger SDP, Cambridge C – 28 September
C2010/4982 s.604 appeal of decisions by ACI Operations Pty Ltd – Watson VP – 28 September
C2010/4579 Schedule 3 item 10 - application to vary transitional instrument to remove ambiguity by Restaurant and Caterers Employers Assoication of Queensland Industrial Organisation of Employers and LHMU – Simpson C – 27 September
AG2010/14326 s.185 - application for approval of a single-enterprise agreement by Edstein Creative Pty Ltd – Ryan C – 27 September
C2010/5025 s.418 - application for an order that industrial action by employees or employers stop etc. by Moffat Pty Ltd and CEPU – Ryan C – 27 September
Week 4
C2010/5018 s.604 appeal of decisions by AIMPE – Giudice J – 25 September
C2010/5024 s.418 - application for an order that industrial action by employees or employers stop etc. by POAGS Pty Ltd – Cloghan C – 25 September
AG2010/14063 Schedule 3 item 16 - application to terminate collective agreement-based transitional instrument by Honeywell Ltd – Cargill C – 24 September
AG2010/2248 & AG2010/2247 s.185 - application for approval of a single-enterprise agreement by Inco Ships Pty Ltd – Raffaelli C – 24 September
AG2009/23755 s.185 - application for approval of a single-enterprise agreement by Springfield Gourmet Pty Ltd – Richards SDP – 24 September
C2010/3131 s.302 - application for an equal remuneration order by ASU & HSU and others –Giudice J – 24 September
C2010/5024 s.418 - application for an order that industrial action by employees or employers stop etc. by POAGS Pty Ltd – Cloghan C – 24 September
B2010/180 s.437 - application for a protected action ballot order by ASU and Pelican Point Power Limited – Bartel DP – 24 September
B2010/3440 s.437 - application for a protected action ballot order by AMWU and Kinkaid Pty Ltd T/A Cadillac Printing – Hampton C – 24 September
B2010/3392 s.236 application for a majority support determination 2 by AMWU and MSM Sutherland Pty Ltd T/A McGrath Sutherland – Cargill C – 23 September
B2010/3437 s.437 - application for a protected action ballot order by LHMU and G4S Custodial Services Pty Ltd – Bartel DP – 23 September
B2010/3438 s.437 - application for a protected action ballot order by AMWU and AutoNexus Pty Ltd – Blair C – 23 September
RE2009/10871 s.505 - application to deal with a right of entry dispute by Patrick Stevedores Holdings Pty Limited and G R Wood – Raffaelli C – 23 September
B2010/3392 s.236 application for a majority support determination by P Nicklos and Secom Technical Services Pty Ltd – Hamberger SDP – 22 September
B2010/182 s.437 - application for a protected action ballot order by AMWU and HJ Heinz Australia/Golden Circle Ltd T/A The Original Juice Company – Watson VP – 22 September
RE2009/10871 s.505 - application to deal with a right of entry dispute by Patrick Stevedores Holdings Pty Limited and G R Wood – Raffaelli C – 22 September
AM2010/104 s.158 - application to vary or revoke a modern award by CFMEU – Harrison C – 21 September
AM2010/77 & others s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by Advanced Care Australia & others – Watson VP – 21 September
AG2010/17242 s.225 - application for termination of an enterprise agreement after its nominal expiry date by R W Martino and NTEU – Drake SDP – 21 September
B2010/3408 s.229 - application for a bargaining order by Queensland Nurses' Union of Employees and TriCare Limited – Simpson C – 21 September
B2010/174 s.236 application for a majority support determination by IEUA and Assumption College Kilmore – Hamilton DP – 21 September
B2010/180 s.437 - application for a protected action ballot order by ASU and Pelican Point Power Limited – Bartel DP – 21 September
B2010/3421 s.437 - application for a protected action ballot order by CPSU and Red Bee Media Australia Pty Ltd – Harrison C – 21 September
RE2010/3643 s.505 - application to deal with a right of entry dispute by LHMU and Crown Melbourne Limited – Gooley C – 21 September
RE2009/10871 s.505 - application to deal with a right of entry dispute by Patrick Stevedores Holdings Pty Limited and G R Wood – Raffaelli C – 21 September
C2010/563 s.604 appeal of decisions by The Jewellery Group Pty Ltd – Acton SDP – 21 September
AM2010/52 Schedule 3A items 29 & 30 - FWA to consider varying modern awards ect. – Giudice J, Acton SDP, Hampton C – 20 September
AG2010/13377 Schedule 3 item 10 - application to vary transitional instrument to remove ambiguity by ELCO Solutions Pty Ltd – Simpson C – 20 September
AG2010/2381 s.185 - application for approval of a single-enterprise agreement by McPherson's Printing Pty Ltd – Bissett C – 20 September
AG2010/1435 s.222 - application for approval of a termination of an enterprise agreement by Innisfail District Flexi Respite Association Incorporated – Simpson C – 20 September
AG2010/14308 s.318 - application for an order relating to instruments covering new employer and transferring employees in agreements by Agnew Gold Mining Company Pty Limited – Williams C – 20 September
RE2010/3643 s.505 - application to deal with a right of entry dispute by LHMU and Crown Melbourne Limited – Gooley C – 20 September
C2010/4937 s.418 - application for an order that industrial action by employees or employers stop etc. by Shell Refining (Australia) Pty Ltd and CFMEU – Hamberger SDP – 19 September
Week 3
AM2010/117 s.158 - application to vary or revoke a modern award by BMIAA – Watson VP – 17 September
AG2010/17290 s.185 - application for approval of a single-enterprise agreement by St Michael's Collegiate School – Sams DP – 17 September
B2010/3408 s.229 - application for a bargaining order by Queensland Nurses' Union of Employees and TriCare Limited – Simpson C – 17 September
B2010/176 s.437 - application for a protected action ballot order by AMWU and OMIC Australia Pty Ltd – Hamilton DP – 17 September
B2010/3414 s.437 - application for a protected action ballot order by SDAEA and IGA Distribution (Vic) Pty Ltd – Watson VP – 17 September
AG2010/2363 s.185 - application for approval of greenfields agreement by Ostwald Bros Civil Pty Ltd – Richards SDP – 16 September
B2010/3366 s.238 - application for a scope order by ASU and NCR Australia Pty Limited – Cambridge C – 16 September
C2010/4896 s.418 - application for an order that industrial action by employees or employers stop etc. by Busways Gosford Pty Ltd and TWU – Cambridge C – 16 September
RE2009/10871 s.505 - application to deal with a right of entry dispute by Patrick Stevedores Holdings Pty Limited and G R Wood – Raffaelli C – 16 September
C2010/392 s.739 - application to deal with a dispute by AMWU and Australian Paper Pty Ltd – Blair C – 16 September
AG2010/2422 s.185 - application for approval of a single-enterprise agreement by Mackie Pty Ltd – Ryan C – 15 September
B2010/175 s.437 - application for a protected action ballot order by NUW and Prysmian Power Cables and Systems Australia Pty Ltd – Cargill C – 15 September
RE2009/10871 s.505 - application to deal with a right of entry dispute by Patrick Stevedores Holdings Pty Limited and G R Wood – Raffaelli C – 15 September
C2010/4425 s.604 appeal of decisions by Newlands Coal Pty Ltd – Hamberger SDP, McCarthy DP, Blair C – 15 September
C2010/3858 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by Mackay Sugar Limited and Australian Workers Union of Employees, Queensland – Spencer C – 14 September
AG2010/12848 s.185 - application for approval of a single-enterprise agreement by Symrise Pty Ltd – Sams DP – 14 September
AG2010/14072 s.225 - application for termination of an enterprise agreement after its nominal expiry date by Detector Loop Services Pty Ltd – Ryan C – 14 September
RE2009/10871 s.505 - application to deal with a right of entry dispute by Patrick Stevedores Holdings Pty Limited and G R Wood – Raffaelli C – 14 September
AG2010/10845 s.185 - application for approval of a single-enterprise agreement by Carter & Spencer Pty Ltd – Simpson C – 13 September
AG2010/12384 s.185 - application for approval of a single-enterprise agreement by Lend Lease Primelife Limited – Simpson C – 13 September
AG2010/13022 s.185 - application for approval of a single-enterprise agreement by Roadworx Surfacing Pty Ltd – Cartwright SDP – 13 September
C2010/4864 s.418 - application for an order that industrial action by employees or employers stop etc. by Boskalis Australia Pty Limited and MUA – Cloghan C – 13 September
B2010/169 s.437 - application for a protected action ballot order by AMWU and Diebold Physical Security Pty Ltd – Blair C – 13 September
RE2009/10871 s.505 - application to deal with a right of entry dispute by Patrick Stevedores Holdings Pty Limited and G R Wood – Raffaelli C – 13 September
C2010/4773 s.739 - application to deal with a dispute by NTEU and Victoria University and the Council of Victoria University – Drake SDP – 13 September
Week 2
C2010/4023 s.120 - application to vary redundancy pay for other employment or incapacity to pay by HLW Contracting Pty Ltd and A Chandler – Spencer C – 10 September
AG2010/2822 s.185 - application for approval of a single-enterprise agreement by Boston Scientific Pty Ltd – MacDonald C – 10 September
B2010/3386 s.437 - application for a protected action ballot order by LHMU and Pernod Ricard Pacific Pty Ltd – Hampton C – 10 September
B2010/3396 s.437 - application for a protected action ballot order by AWU and Berkeley Challenge Pty Ltd – Bissett C – 10 September
AG2010/1602 & others s.185 - application for approval of a single-enterprise agreement by Merrenda Pty Ltd & Mojito Pty Ltd – Simpson C – 9 September
AG2010/14229 s.185 - application for approval of a single-enterprise agreement by Howell Constructors Pty Ltd – Ryan C – 9 September
B2010/3339 s.236 application for a majority support determination by AMOU and DP World Sydney Limited T/A DP World Sydney & others – Raffaelli C – 9 September
C2010/4855 s.418 - application for an order that industrial action by employees or employers stop etc. by UGL Resources Pty Ltd; Conneq Infrastructure Services (Australia) Pty Limited (Project Aurora) and CEPU & others – Richards SDP – 9 September
C2010/4834 s.418 - application for an order that industrial action by employees or employers stop etc. by AWU and Australian Reinforcing Company Pty Ltd T/A Australian Reinforcing Company Pty Ltd – Cartwright SDP – 8 September
AM2010/123 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by ASU – Watson VP – 7 September
AM2010/124 s.160 - application to vary a modern award to remove ambiguity or uncertainty or correct error by FSU – Watson VP – 7 September
B2010/3200 s.236 application for a majority support determination by APESMA, The-Collieries' Staff Division and Endeavour Coal Pty Limited – Roe C – 7 September
B2010/166 & B2010/167 s.437 - application for a protected action ballot order by AWU and CSR Viridian Ltd – Blair C – 7 September
AG2010/14129 s.185 - application for approval of a single-enterprise agreement by Gaffney Electrical Services Pty Ltd – Ryan C – 6 September
AG2009/23377 s.185 - application for approval of a single-enterprise agreement by Yara Nipro Pty Ltd – Asbury C – 6 September
C2010/3131 s.302 - application for an equal remuneration order by ASU & HSU and others –Giudice J, Watson VP, Acton SDP, Harrison C, Cargill C – 6 September
Week 1
B2010/3366 s.238 - application for a scope order by ASU and NCR Australia Pty Limited – Cambridge C – 3 September
B2010/3378 s.424 - application to suspend or terminate protected indusrial action - endangering life etc by SPI PowerNet Pty Ltd and SPI Electricity Pty Ltd and CEPU – Hamberger SDP – 3 September
C2010/3685 s.170LW pre-reform Act - application for settlement of dispute (certified agreement) by P Taylor-Perkins and Curtin University of Technology – Cloghan C – 2 September
AG2010/13357 s.185 - application for approval of a single-enterprise agreement by Abigroup Contractors Pty Ltd – Ryan C – 2 September
B2010/3349 s.236 application for a majority support determination by NUW and Duratray International T/A Conymet Duratray Pty Ltd – Blair C – 2 September
B2010/3370 s.437 - application for a protected action ballot order by CEPU and Wormald (a division or Tyco Australia Pty Limited); Tyco Australia Pty Limited t/as Wormald Service – Richards SDP – 2 September
AG2010/10818 Schedule 3 item 10 - application to vary transitional instrument to remove ambiguity by Fosterville Gold Mine Pty Ltd – Lewin C – 1 September
AG2010/9180 s.185 - application for approval of a single-enterprise agreement by Nepero Pty Ltd – Kaufman SDP – 1 September
B2010/3368 s.437 - application for a protected action ballot order by NUW and Aperio Group Australia Pty Ltd Film-Pac Division (Victoria) – Blair C – 1 September
C2010/4624 s.604 appeal of decisions by Create (Geelong) Inc – Drake SDP – 1 September
Updated time
Last updated
26 August 2019
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