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Fair Work Act 2009
s.394—Unfair dismissal
Jason Pintley & Ors
v
DP World Sydney Limited & Ors
(U2021/10151 & Ors)
DEPUTY PRESIDENT ASBURY BRISBANE, 11 JANUARY 2023
Application for an unfair dismissal remedy - Whether there was a valid reason for the dismissal
related to the employee’s capacity or conduct (including its effect on the safety and welfare of
other employees), within the meaning of s. 387(a) of the Fair Work Act 2009 – Correction to
decision
[1] The Decision issued by the Fair Work Commission on 10 January 2023 in [[2023] FWC
65] is corrected as follows:
• Amending paragraph [1] by deleting “26 former employees" and inserting “25 former
employees”
• Paragraph [9] of the Decision is corrected by deleting “(other than Mr Clarke in matter
U2021/1099)” from (a) and inserting in (b) “other than Mr Clarke in matter
U2021/11009, it is not in dispute that the Applicants are persons protected from unfair
dismissal”
• Amending the Constitution provision number that appears at paragraphs [12], [70],
[365] and [513] from s. 51(xxiiia) to s. 51(xxiiiA)
• Amending the first sentence at paragraph [439] to read: “…the represented Applicants
said that the announcement of Mr Adam on 16 September 2021 indicated that in light
of a positive case at the Port Botany Terminal that week, 36 employees had been
deemed close contacts using NSW Health Guidelines and were in self-isolation for a
minimum of 14 days…”
• Inserting paragraph number [515]
• Paragraph [469] is amended to include the following: “I am also of the view that the
evidence about the views expressed by SafeWork Inspectors does not provide a basis
for me departing from the clear findings in Mt Arthur Coal in relation to the
consultation requirements in the WHS Act. This evidence may be relevant to the other
matters in s. 387 which remain to be considered.”
[2023] FWC 65 [Note: An appeal pursuant to s.604 (C2023/432) was lodged
against this decision.]
CORRECTION TO DECISION
AUSTRALIA FairWork Commission
[2023] FWC 65
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• Amending the sentence at paragraph [519] to read: “The overwhelming weight of the
evidence, which I do not repeat, establishes that at the time the Mandate was
introduced and the dismissals were effected:”
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR749549
AL OF THE FAIR WORY COMMISSION THE S
