Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Fredon Industries Pty Ltd t/a Fredon

The Fair Work Commission considered an appeal against a decision of a Deputy President who had dismissed an application by the union to seek an order for the reinstatement of an employee. The union contended that the employee had been unfairly dismissed and that the employer had contravened section 340 of the Fair Work Act 2009. The employer argued that the dismissal was lawful because the employee had engaged in bullying and violence towards colleagues, and that the union's application was an abuse of process. The Commission was required to determine whether the Deputy President had erred in law or procedure, and whether the decision was unreasonable. The Commission found that the Deputy President had not erred in law or procedure, and that the decision was not unreasonable. The employer had adduced evidence that the employee had engaged in serious misconduct, and the union had not rebutted this evidence. The Commission noted that the union had not sought to challenge the evidence, and had not provided any evidence to support its claim that the dismissal was unfair. The Commission held that the union's application was an abuse of process, and that the Deputy President had properly dismissed the application. The appeal was dismissed, and the decision of the Deputy President was affirmed. The Commission made no order as to costs.