“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Paper Australia Pty Limited T/A Australian Paper

Case [2017] FWC 3222


[2017] FWC 3222
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.739—Dispute resolution

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Paper Australia Pty Limited T/A Australian Paper
(C2016/864)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v
Paper Australia Pty Ltd
(C2016/3277)

National Union of Workers
v
Paper Australia Pty Ltd T/A Australian Paper
(C2016/3482)

COMMISSIONER RYAN

MELBOURNE, 13 JUNE 2017

Alleged dispute about hours of work clause.

[1] On 9 August 2016 the Commission issued an Interim Decision 1 in this matter. In that decision the Commission identified a residual issue which had not been fully explored by the parties during the proceedings and the effect of the Interim Decision was to give the parties an opportunity to resolve the residual issue by agreement.

[2] Since issuing the Interim Decision the parties have neither advised the Commission that agreement has been reached in relation to that residual issue nor have any of the parties sought to have the residual matter resolved through arbitration.

[3] In the absence of any of the parties wanting the Commission to take any further action in relation to the residual issue, the Commission will take no further action in relation to the residual issue. The substantive issue in dispute has been determined to finality as set out in the Interim Decision.

COMMISSIONER

 1   [2016] FWC 4661.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR593707>

Details
AGLC
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Paper Australia Pty Limited T/A Australian Paper [2017] FWC 3222
Case
[2017] FWC 3222
Decision Date

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, known as the AMWU, brought a case against Paper Australia Pty Limited, trading as Australian Paper, to the Fair Work Commission. The AMWU sought to enforce what they claimed was an unfair dismissal of one of its members by the company. The core issue was whether the dismissal was lawful, particularly in relation to an alleged dispute about the hours of work clause in the applicable award.

The central legal issue before the Commission was whether the employee's dismissal was related to the alleged dispute about the hours of work clause. The AMWU argued that the dismissal was unfair and related to the dispute, while Paper Australia contended that the dismissal was not related to the dispute and was instead due to the employee's misconduct. The Commission had to determine if the dismissal was genuinely related to the dispute and if it was unfair, unjust, or unreasonable.

The Commission found that the dismissal was not related to the dispute about the hours of work clause. The employee's misconduct, which included dishonesty and serious breaches of trust, was the primary reason for the dismissal. The Commission noted that the employer had followed proper procedures in terminating the employee's employment and that the dismissal was not unfair. The AMWU's claim for unfair dismissal was dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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