AIRB0405/06, Transcript of Proceedings [2006] AIRCTrans 719 (4 May 2006)

AIR Bulletin

4 May 2006 Volume 18/06 with the Decision Summaries for the week ending Friday, 28 April 2006.

Contents

Decisions of the Australian Industrial Relations Commission

Web Sites of Interest

Registry Addresses

Decisions of the Australian Industrial Relations Commission

Summaries of decisions signed and filed in the Australian Industrial Registry during the week ending Friday, 28 April 2006.

	1	Termination of employment – unfair dismissal – jurisdiction – whether contract for specified period of time – employee employed under AWA – 3 months later AWA replaced by new AWA (as employer asserted that original AWA flawed) – only new AWA limited to specified period of time – both AWA’s approved by OEA – applicant terminated prior to expiry of second AWA – satisfied both AWA’s complied with Act – employee did not, at time, raise any objections to second AWA – satisfied contract for specified period – no jurisdiction – application dismissed.
Employer v Employee
U2005/5280				PR971953
McCarthy DP			Perth	26 April 2006

	2	Award - application to vary − public holidays and shift work - s113 Workplace Relations Act 1996 (pre-reform) − s554 Workplace Relations Act 1996 − business equipment industry − application to vary award lodged August 2005 under pre-reform Act – submitted that award ambiguous - applicant sought inclusion of loading rates as well as table headings – award varied to remove ambiguity.
Emergency Services Telecommunications Authority Award 2005
C2005/4372				PR970879
Lewin C			Melbourne	24 April 2006

	3	Termination of employment – unfair dismissal – extension of time – prior proceedings - fair go all round – 6 months late – application mainly about redundancy pay – related application on foot in VCAT – principle that proceedings should only be pursued in one jurisdiction at a time – unclear whether application has any merit – prejudicial to respondent to fight on two fronts – well out of time – fair go all round – inappropriate for matter to proceed – extension refused – application dismissed.
Svensson v The Valspar (Australia) Corporation P/L
U2006/3171				PR971877
Eames C			Melbourne	24 April 2006

	4	Termination of employment – unfair dismissal – jurisdiction – whether casual – s170CBA Workplace Relations Act 1996 – applicant placed on ‘unalloted’ list (a type of continuous leave) and later dismissed - respondent asserted that persons on list become casual - hence applicant excluded by s170CBA due to casual status - no cogent argument to support jurisdictional objection – concept of being appointed to position under statute does not sit easily with notion of ‘casual employment’ – no evidence applicant casual - not satisfied casual – referred for conciliation.
Chalkias v Australian Air Force Cadets
U2005/7009				PR972059
Deegan C			Canberra	28 April 2006

	5	Enterprise dispute – dispute over application of agreement – payment of wages – public holidays – recommendation – s170LW Workplace Relations Act 1996 – meat industry – whether employees entitled to payment for public holidays that occurred during Christmas shutdown period - dispute turns on wording of clause – prerequisites for payment not met – recommended payment be refused.
The Australasian Meat Industry Employees Union and South Burnett Beef P/L
C2006/2415				PR971818
Spencer C			Brisbane	28 April 2006

Web Sites of Interest

Australian Industrial Relations Commission (AIRC) - http://www.airc.gov.au/ – includes hearing lists, rules, forms, major decisions, award simplification material and student information.

Related web sites also directly accessible through the AIRC home page:

Workplace Relations Act 1996 - http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/all/search/9664D0ECF9C3F7A1CA25707B00239CA3;

Australian Workplace Portal – http://www.workplace.gov.au - provides access to online employment and workplace relations services and information, including government assistance, jobs, careers, training, working conditions and Indigenous Employment Centres;

AUSTLII - http://www.austlii.edu.au - for case law, including High Court and Federal Court judgments as well as legislation; AUSTLII’s Workplace Relations Law Project - http://www.austlii.edu.au/au/special/industrial/ - contains various information relating to industrial and labour law by jurisdiction and includes special resources on topical issues;

WageNet (maintained by DEWR) – http://www.wagenet.gov.au/ - includes the full text of federal awards, variations, certified agreements and decisions of the AIRC. All inquiries should be directed to WageLine via email on the WageNet site;

ComLaw - http://www.comlaw.gov.au/ - legislative repository that has replaced SCALEplus, contains:

• Commonwealth primary legislation, as well as other ancillary documents and information, in electronic form; and
• the new Federal Register of Legislative Instruments (FRLI) which was established on 1 January 2005 under the Legislative Instruments Act 2003 as the authoritative source for legislative instruments and compilations of legislative instruments;

Department of Employment and Workplace Relations - http://www.dewr.gov.au/ - contains fact sheets and user guides, covering Termination of Employment, “Agreement making” and “Industrial action and compliance”; the Workplace Relations Act 1996, the Workplace Relations Regulations and Explanatory Memorandum;

Office of the Employment Advocate (OEA) - http://www.oea.gov.au/ - includes basic information regarding Australian Workplace Agreements (AWAs), development and lodging procedures;

Australian Government Departments and Agencies - enables search of all relevant web sites - http://www.australia.gov.au/;

High Court of Australia- http://www.hcourt.gov.au/;

Federal Court of Australia - http://www.fedcourt.gov.au/;

New South Wales Industrial Relations Commission - www.agd.nsw.gov.au/lawlink/irc/ll_irc.nsf/pages/irc_index

Queensland Industrial Relations Commission - www.qirc.qld.gov.au/index.htm;

South Australian Industrial Relations Court and Commission - www.industrialcourt.sa.gov.au/;

Tasmanian Industrial Commission - www.tic.tas.gov.au;

Western Australian Industrial Relations Commission - www.wairc.wa.gov.au/

Attorney-General’s Department, Window on the Law - http://law.gov.au/ - for legal information

Registry Addresses

Principal Level 35, 80 Collins Street Melbourne GPO Box 1994 Melbourne Vic 3001 Tel: [phone] Fax: [phone] Out of hrs emergency: 0419 960 157 Email: [e-mail] Acting Industrial Registrar: Terry Nassios	Australian Capital Territory 2nd Floor, CML Building 17-21 University Avenue Canberra GPO Box 539 Canberra City ACT 2601 Tel: [phone] Fax: [phone] Out of hrs emergency: 0408 447 112 Email: [e-mail] Deputy Industrial Registrar: Christine Hayward	New South Wales Level 8, Terrace Towers 80 William Street East Sydney NSW 2011 Tel: [phone] Fax: [phone] Out of hrs emergency: 0419 318 011 Email: [e-mail] Deputy Industrial Registrar: Barry Jenkins
Northern Territory 10th Floor, Northern Territory House 22 Mitchell Street Darwin GPO Box 969 Darwin NT 0801 Tel: [phone] Fax: [phone] Out of hrs emergency: 0418 895 495 Email: [e-mail] Deputy Industrial Registrar: Neil McHattie	Queensland Level 14, Central Plaza Two 66 Eagle Street Brisbane PO Box 5713 Central Plaza Brisbane QLD 4001 Tel: [phone] Fax: [phone] Out of hrs emergency: 0419 335 202 Email: [e-mail] Deputy Industrial Registrar: Damien Staunton	South Australia Level 8, Riverside Centre North Terrace Adelaide PO Box 8046 Station Arcade SA 5000 Tel: [phone] Fax: [phone] Out of hrs emergency: 0419 563 601 Email: [e-mail] Deputy Industrial Registrar: Ross McCarroll
Tasmania 1st Floor, Commonwealth Law Courts 39-41 Davey Street Hobart GPO Box 1232M Hobart Tas 7001 Tel: [phone] Fax: [phone] Out of hrs emergency: 0418 124 021 Email: [e-mail] Deputy Industrial Registrar: Ross McCarroll	Victoria Level 42, 80 Collins Street Melbourne GPO Box 1994 Melbourne Vic 3001 Tel: [phone] Fax: [phone] Out of hrs emergency: 0419 960 157 Email: [e-mail] Deputy Industrial Registrar: Ross McCarroll	Western Australia Floor 16, 111 St Georges Terrace Perth GPO Box X2206 Perth WA 6001 Tel: [phone] Fax: [phone] Out of hrs emergency: 0404 044 338 Email: [e-mail] Deputy Industrial Registrar: Ross McCarroll

The address of the AIRC Home Page is: http://www.airc.gov.au/

The Australian Industrial Registry Bulletin is a weekly publication that includes information on the following topics:

• information concerning notice of matters before the Commission;
• Practice Directions concerning the practice and procedure of the Commission;
• weekly decisions summaries;
• details of procedural changes and developments within the Registry; and
• advice regarding the rights and obligations of organisations registered under the Workplace Relations Act 1996.

For inquiries regarding publication of the Bulletin please contact the Registry’s Information Help Desk - Postal address: GPO Box 1994, Melbourne Vic 3001, Tel: [phone], Fax: [phone].

© Commonwealth of Australia 2006