We successfully represented BRB Modular in a Full Bench appeal which clarifies the proper test for scope orders in Enterprise Agreements. This important decision clarifies the expectation that single members will defer to precedent Full Bench authorities and limits the ability of unions to ‘carve out' a sector of the workforce if doing so does not have a real chance of furthering bargaining fairness and efficiency.
We represented Bunnings at the Fair Work Commission in response to an anti-bullying order sought by one of its employees. At first instance, the Commission found the employee had not been bullied. When the employee subsequently lodged an appeal against the Commission’s decision, we successfully argued permission to appeal should not be granted and the appeal was consequently dismissed by the Full Bench.
Concept Wire Industries
We represented this manufacturing employer at the Fair Work Commission in response to an unfair dismissal claim. An employee had been dismissed after an investigation found he had threatened another worker for choosing to not become a union member. After considering all the evidence, provided by 8 witnesses, the Commission preferred the evidence of the employer, agreed with the investigation findings and determined the dismissal was not harsh, unjust, or unreasonable.
We represented Ennesty in the Fair Work Commission to respond to an unfair dismissal claim. An employee’s role was made redundant and after consultation, she was considered by her employer to be unsuitable for redeployment to other roles within the business. After considering the detailed submissions and evidence-led, the Commissioner found that the employee’s dismissal was not unfair.
New Age Cleaning
We represented New Age Cleaning in the Federal Magistrates Court. Following consideration by the court of our member’s application, the sacked employee had his matter ‘struck out’ and also had costs awarded against him.