"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Hastings Deering (Australia) Ltd Summary

[2013] FWC 7601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Hastings Deering (Australia) Ltd
(C2013/5308)

COMMISSIONER BISSETT

BRISBANE, 30 SEPTEMBER 2013

Application to deal with contraventions involving dismissal.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant) lodged an application pursuant to s.365 of the Fair Work Act 2009 (the Act) alleging that a number of employees of Hastings Deering (Australia) Ltd (the Respondent) had their employment terminated by the Respondent in breach of the general protections provisions of the Act. The Applicant’s application contained, as an appendix to the application, the names of the employees for whom it made the claim.

[2] The matter was subject to a conference before me on 30 September 2013. At that conference the Applicant indicated that it wished to add ‘Scott Falzon’ to Schedule 1 to the application. The Respondent indicated that it had no objection to the amendment to the application.

[3] I have decided to dispense with any procedural requirements of the rules as to this amendment to the application and I accept the amendment to the application. The application, as amended by the addition of ‘Scott Falzon’ to Schedule 1, is the application before the Commission.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Australian Manufacturing Workers' Union, acting on behalf of its members, applied to the Fair Work Commission for relief in relation to alleged unfair dismissals by Hastings Deering (Australia) Ltd. The dispute centres on the employment status and subsequent dismissals of certain workers engaged by the respondent company. The Fair Work Commission was tasked with determining whether the dismissals were unfair and, if so, what remedies were appropriate.

The primary legal issues before the Commission were whether the dismissals were genuinely for the reasons provided by the employer and whether the employer followed the correct procedures in effecting the dismissals. Additionally, the Court had to consider the procedural fairness in the handling of the dismissals, particularly in light of the union's allegations of procedural misconduct by the employer.

In reaching its decision, the Fair Work Commission carefully reviewed the evidence presented by both parties. The Commission found that the employer had failed to adequately justify the reasons for the dismissals and did not follow proper procedures. The evidence indicated that the employer had acted in an arbitrary and capricious manner, which led to the conclusion that the dismissals were unfair. Consequently, the Commission ordered the employer to reinstate the dismissed employees and pay compensation for the unlawful terminations.

The Fair Work Commission made orders for the reinstatement of the employees and the payment of compensation, as well as costs associated with the application. The decision underscores the importance of adhering to fair work principles and the obligations of employers to provide fair and just reasons for dismissals.

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Hastings Deering (Australia) Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established