RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application by Australian Salaried Medical Officers Federation (ASMOF) for right of entry permits for four proposed permit holders (Mr O’Kearney, Mr Miller, Ms Howells-Schramm and Mr Forsyth) – proposed permit holders hold the role of CEO, Industrial Officers and Workplace Relations Advisor – ASMOF submitted proposed permit holders received relevant, approved training regarding permit holder obligations and have not breached s.513 of the FW Act – ASMOF was informed Mr O’Kearney needed to complete refresher training as Commission Delegate requires that proposed permit holders complete right of entry training within 3 months of their right of entry application as per the general rule – ASMOF elected to have matter heard for each proposed permit holder – application dealt with in ex tempore hearing – considered MUA decision re ‘fit and proper person’ – also considered CEPU of Hatcher VP – established proposed permit holders declarations were accurate and correct weighing in favour that each proposed permit holder is a fit and proper person – Commission found the adoption and application of the general rule amounted to the imposition of an improper self-restraint or fetter upon the exercise of discretion – Commission clarified the purpose underpinning the general principle was to ensure that the holders of discretionary power remain attentive to each individual circumstances – clarified the passage of time needed to be assessed in context, not in a vacuum – held training undertaken several years prior to an application might be appropriate notwithstanding the passage of time in circumstances where the proposed permit holder, is a current permit holder, has held several permits, has routinely exercised entry rights without incident, and there has been no alteration to the right of entry scheme since the last training has been undertaken – found there needed to be regard to the quality of the training already received, the individual circumstances and experience of the officials and the other permit qualification requirements – Commission satisfied that proposed permit holders are fit and proper persons to hold entry permits – right of entry permits issued. Australian Salaried Medical Officers Federation
June 22, 2017
Kanandah Retirement Living has to defend a s.394 (Application for unfair dismissal remedy) before Vice President Hatcher in his Sydney chambers (McDade).
June 22, 2017
The Health Services Union and Euroa Health Inc have a s.739 (Application to deal with a dispute) contretemps raging before Deputy President Hamilton in court 3 & conference room B – level 6 in Melbourne.
June 22, 2017
An application by Centacare North Queensland (The Roman Catholic Trust Corporation for the Diocese of Townsville) (s.225 – Application for termination of an enterprise agreement after its nominal expiry date) is on foot before Commissioner Booth in his Brisbane chambers.
June 22, 2017
WA’s problem-plagued public hospital system is facing more instability with the head of King Edward Memorial Hospital stepping down on unspecified extended leave. A circular sent to staff said Peter Wynn Owen, a forensic psychiatrist, had stepped down as executive director of Women and Newborn Health Services. Dr Wynn Owen has been in the role for less than two years. The position will be temporarily filled by Philip Aylward, who is in charge of procurement and contract management at the North Metropolitan Health Service.
June 22, 2017
The Guide Dogs for the Blind Association of Queensland & Jackson and Others are facing a trio of s.372 (Application to deal with other contravention disputes) before Commissioner Simpson (Evans/Ferguson/Ingram).
June 22, 2017
WA hospitals have been savaged by the corruption watchdog for lax controls over powerful and addictive narcotics that continue to go missing despite repeated warnings to improve security. The Corruption and Crime Commission released a report yesterday on the management of schedule 8 controlled drugs — the fourth official investigation of its kind in six years.
June 22, 2017
Spencers Amcal Pharmacy is facing the bitter pill of a s.739 (Application to deal with a dispute in relation to flexible working arrangements) lodged by a staff member (Photopoulos).
