Royal Flying Doctor Service of Australia is grounded by a s.372 (Application to deal with other contravention disputes) (Weiland).
July 14, 2017
The relationship between the Territory Government and the NT’s only provider of alternative youth detention services has been irreparably damaged, after a conflict over funding devolved into a war of words. BushMob announced its intention to close its facility at Loves Creek Station, about 80km from Alice Springs, earlier this week, citing shortcomings in the infrastructure provided by Territory Families.
July 14, 2017
Cancer Patients Assistance Society of New South Wales is facing a s.394 (Application for unfair dismissal remedy) lodged by an ex-staffer (Pritchard).
July 14, 2017
A Victorian man who posed as a registered psychologist and treated two young siblings has been fined $15,000 for the scam. The counsellor has a Bachelor of Science in psychology and a Masters in counselling, but was never registered to practise as a psychologist. He pleaded guilty to three charges in the Moorabbin Magistrates’ Court on May 30 for treating the patients for nearly four months and was fined $15,000, the Australian Health Practitioner Regulation Agency said in a statement on Thursday.
July 14, 2017
The Australian Workers Union and Avenues Lifestyle Support Association Inc are in the middle of a s.739 (Application to deal with a dispute) before Commissioner Simpson in hearing room 3 in Brisbane.
July 14, 2017
A street cleaner with a gambling habit has been placed under probation after admitting to a swindle. Noel Bonello, 38, lured a 40-year old woman to hand over thousands with which he proposed to secure her social accommodation, bragging about his contacts within the Housing Authority. When no promised accommodation materialized, the woman filed a police report against the man who had allegedly defrauded her out of her savings. Criminal investigations led to Mr Bonello’s arrest and arraignment over charges of misappropriation and fraud.
July 14, 2017
TERMINATION OF EMPLOYMENT – extension of time – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – appellant appealed decision refusing an extension of time to lodge application for unfair dismissal remedy and to dismiss application – filed application with Commission (first application) not on correct prescribed form – became aware wrong application was filed at telephone conciliation conference – discontinued first application and lodged new unfair dismissal remedy application using correct form (second application) 55 days outside 21-day period – appellant submitted Commission failed its duty of care towards him by not confirming correctness of first application – submitted combination of factors could be construed as a situation which is out of the ordinary course, unusual, special or uncommon – submitted administrative error should not prevent Commission from hearing the merits of an unfair dismissal matter particularly in case of unrepresented parties with limited knowledge of relevant processes and terminology – respondent submitted the correct test and matters were identified and regarded to – submitted appeal could not succeed as decision was neither unreasonable nor manifestly unjust – further submitted there was no power to correct, amend or waive the irregularity; there was no power under s.586 of FW Act to change the nature of an application from s.365 application to s.394 application; and s.586 was not procedural provision which allowed applicant to amend application to add or substitute a new claim for relief that arose out of same facts as original claim; appellant bore responsibility for initiating wrong application; advice given by Commission staff member could not be relied upon since it was not the function of Commission to provide advice to litigants – Coal & Allied Mining Services and GlaxoSmithKline considered – found was in public interest to grant permission to appeal – three novel issues had potential wider application – Ioannou considered but inapplicable – proper characterisation of appellant’s first application was on the wrong form and potential for irregularity in that application to have been remedied under s.586 rather than being dealt by discontinuance and a second application were critical to consideration of whether there were exceptional circumstances justifying an extension of time to lodge the second application – House v The King considered – Full Bench found the Commission erred to not have accounted for critical matters identified as relevant considerations – concurred was appellant’s error – found error amounted to irregularity in application form – was not unreasonable for appellant to hold belief correct application lodged – appellant acted promptly by discontinuing the first application, filing second application and rectifying error – found reasons for delay highly unusual and beyond appellant’s control – found matters favoured extension of time be granted as exceptional circumstances existed – no prejudice to respondent – matter could have been rectified without need to make late application – permission to appeal granted – appeal upheld – first instance decision quashed – extension of time granted. Appeal by Hambridge against decision of Kovacic DP of 18 April 2017 [[2017] FWC 2148] Re: Spotless Facilities Services P/L
July 14, 2017
MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – heard and determined six substantive claims in dispute under Pharmacy Industry Award 2010 – directions issued to file material in relation to claims 1-4 (minimum shift and provisions relating to employment of school students, grades at which junior rates should apply, payment of overtime to casual employees, coverage of annualised salary rate) – Shop, Distributive and Allied Employees Association (SDA) filed a series of draft determinations on behalf of interested parties – accordingly claims not disputed between parties – Pharmacy Guild of Australia advised Commission it did not intend to press its application relating to claim six (annual close down) – claim five (shift length and terms of engagement) listed for hearing – SDA claimed inserting two provisions relating to full-time employees were uncontroversial and self-evident – supporting evidence not submitted – Commission considered implementation of the provisions not self-evident – provisions related to casual and parttime employees distinguished from fulltime employees – SDA’s application for variation dismissed – other variations sought by interested parties by consent were agreed to, straightforward, uncontroversial and appropriate – variations sought were necessary to achieve the modern awards objective – variations given effect on 7 August 2017. 4 yearly review of modern awards – Pharmacy Industry Award 2010
