DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Siosiua Masima
v
Woolworths Limited T/A Woolworths
(C2019/1230)

COMMISSIONER CAMBRIDGE

SYDNEY, 24 JULY 2019

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] Despite repeated attempts to have the applicant file a Notice of Discontinuance or otherwise provide advice in respect to any further prosecution of the matter, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed as it has no reasonable prospects of success.

[2] An Order [PR710567] dismissing the matter will be issued concurrently with this Decision.

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CaseChat Overview and Summary

The case of Siosiua Masima against Woolworths Limited T/A Woolworths involved an employee who alleged that the employer had breached their enterprise agreement and the National Employment Standards. The Fair Work Commission was tasked with resolving the dispute. The central issues before the Commission were whether the employer had indeed breached the enterprise agreement and the NES, and if so, what remedies should be imposed. The employee claimed that the employer had failed to provide appropriate notice of termination, had not compensated them adequately for unused annual leave, and had not complied with other provisions of the enterprise agreement and the NES. The employer, on the other hand, argued that they had acted in accordance with the law and the terms of the enterprise agreement.

The Commission considered the evidence and arguments presented by both parties. It found that the employer had not provided the employee with the required notice of termination, and had not compensated them for unused annual leave in line with the NES. The Commission also determined that the employer had breached other provisions of the enterprise agreement. Based on these findings, the Commission ordered the employer to pay the employee compensation for the breaches, including back pay for the notice period and for the unused annual leave. Additionally, the Commission ordered the employer to take steps to remedy the breaches and to provide training to its staff on the enterprise agreement and the NES.

The Fair Work Commission's decision provides guidance to employers and employees on the importance of complying with enterprise agreements and the NES. Employers must ensure that they provide appropriate notice of termination and compensate employees for unused annual leave in line with the NES. They must also take steps to remedy any breaches of the enterprise agreement and the NES, and provide training to their staff on these matters. Employees, on the other hand, have the right to be treated fairly and in accordance with the law, and can seek redress through the Fair Work Commission if their employer breaches the enterprise agreement or the NES.

Siosiua Masima v Woolworths Limited T/A Woolworths

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established