MedHealth Pty Limited is set to defend a s.394 (Application for unfair dismissal remedy) before Fair Work Commissioner Platt in his Adelaide chambers (Morrow).
May 30, 2017
United Discount Chemists Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) lodged by Girolamo.
May 30, 2017
A s.185 (Enterprise agreement) application by Mercy Health and Aged Care Central Queensland Limited for its Mercy Health and Aged Care Central Queensland Limited & QNU – Nursing – Enterprise Agreement 2016-2017 has been granted by Fair Work Commissioner Gregory in Melbourne on 25 May 2017.
May 30, 2017
The Health Services Union and Warrigal Care Pty Ltd have a s.739 (Application to deal with a dispute) before Fair Work Commissioner Riordan int he Courthouse Market Street Wollongong at 1pm.
May 30, 2017
Fisun Rachel Smart has persuaded magistrate Ginnane to allow her to revisit an earlier injury claim. Mercy Health & Aged Care Inc argued having a second crack was an abuse of privilege. Ms Smart demonstrated the aptness of her surname.
May 30, 2017
A s.604 (Appeal of decisions) by Aged Care Services Australia Group Pty Ltd against Health Services Union & Australia Group Pty Ltd against Health Services Union & Australian Nursing and Midwifery Federation has been upheld. The full bench of Vice President Catanzariti Deputy President Clancy and Commissioner Johns determined that:
Permission to appeal is granted;
The appeal is upheld;
The Decision of Deputy President Wells is quashed;
The 2014 Agreement is varied by inserting the words “employed in Tasmania” at the end of sub clause (b) of clause 5 (Our Variation Order); and
Our Variation Order will commence from November 2014.
May 29, 2017
ANTI-BULLYING – worker – likely to continue – s.789FC Fair Work Act 2009 – application for order to stop bullying – applicant was Chairperson of Anangu Pitjantjatjara Yankunytjatjara Inc (APY Inc) Executive Board – application named APY Inc and two persons, Mr King, General Manager and Mr Singer, Deputy Chairperson of Executive Board at time of application – various allegations made about their conduct – Mr Singer and Mr King strongly rejected allegations and made counter claims about applicant’s conduct as Chairperson – jurisdictional objections raised – whether applicant was a worker and eligible to apply – whether alleged conduct occurred whilst at work – whether application an abuse of process – whether loss of position in subsequent election means no relevant future risk – applicant potentially a worker as chairperson and if so, alleged conduct occurred whilst at work – original application not an abuse of process – applicant no longer a worker as a volunteer or otherwise – no relevant future risk given terms of legislation – to proceed with application would become an abuse of process – application dismissed. Mr Admason
May 29, 2017
TERMINATION OF EMPLOYMENT – discontinuance – ss.394, 588 Fair Work Act 2009 – applicant lodged unfair dismissal application – respondent made jurisdictional objection that it was a small business and applicant had not met 12 month minimum employment period – applicant’s solicitor discontinued application – applicant’s solicitor withdrew discontinuance and notified Commission it was no longer representing applicant – Commission considered AB v Tabcorp Holdings Ltd decision – Commission found matter discontinued in accordance with Fair Work Commission Rules 2013 – held that while discontinuance may have been filed by mistake it was clear that the Commission cannot grant relief to set discontinuance aside – Commission found applicant’s unfair dismissal application withdrawn – applicant able to file further unfair dismissal application subject to an application for an extension of time. Roberts v Dawn House Incorporated
