ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – ss.595. 739 Fair Work Act 2009 – applicant lodged application for Commission to deal with a dispute under dispute settling procedure of the Brotherhood of St Laurence, NUW and SDA Enterprise Agreement 2013 (Agreement) – applicant described the dispute as regarding respondent’s refusal to honour her entitlement to accrued days off as provided for in her contract of employment – the Agreement stated she shall not be unreasonably refused her request – respondent raised jurisdictional objection – claimed Commission did not have power to deal with dispute insofar as it related to the applicant’s contract of employment and dispute settling procedure in Agreement was limited to disputes about the Agreement or NES – applicant submitted question of jurisdiction was irrelevant because she had sought to rely on provisions of the Agreement – claimed her contract of employment incorporated the Agreement into the terms and conditions of her employment – respondent submitted Agreement was not incorporated into applicant’s contract and could not be unless it was the express intention of the parties [Byrne]; [ACTEW v Pangallo] – construction of subclause 4 of dispute settling procedure in Agreement – Commission found meaning of subclause must be derived from the wording of the subclause as a whole and its place within the rest of the dispute settling procedure clause – found subclause 4 did not prevent respondent from raising jurisdictional objection – whether wording of applicant’s employment contract incorporated Agreement into applicant’s terms and conditions – Soliman applied – Commission found wording of employment contract did not support applicant’s contention that the terms of the Agreement were intended to be incorporated into contract of employment and have such contractual effect – no evidence to suggest terms of Agreement ought to have been implied into employment contract – Commission not satisfied wording of employment contract or circumstances supported a finding that the employment contract incorporated the Agreement expressly or by implication – found applicant was able to access dispute settling procedure of the Agreement in relation to the dispute relating to the Accrued Days Off clause of the Agreement – found applicant not able to access dispute settling procedure of the Agreement in relation to an entitlement to accrued days off as provided by her contract of employment – Commission to proceed on the basis it had jurisdiction to deal with applicant’s dispute as it related to the Accrued Days Off clause of the Agreement. Noisette v Brotherhood of St Laurence
June 20, 2017
Healthcare Australia Pty Ltd will face a s.394 (Application for unfair dismissal remedy) at noon (Sommer).
June 20, 2017
The Health Services Union and Alfred Health have a s.739 (Application to deal with a dispute) stoush running before Fair Work Commissioner Cribb in conference rooms E & F – level 6 in Melbourne.
June 20, 2017
Privately owned aged care provider, Hillside at Figtree, is also under sanctions for six months after a recent audit.
June 20, 2017
A second Illawarra aged care facility has had sanctions slapped on it by the Federal Department of Health after failing to meet national standards. Garrawarra Centre will not be eligible for federal funding for any new patients for six months after the department identified an ‘’immediate and severe risk to the health, safety and well-being’’ of residents. The Waterfall facility also stands to lose its approval as an aged care provider unless an advisor, and an administrator, are appointed for the six-month period until November 27. Staff training must also be undertaken. According to the health department, an assessment by the Australian Aged Care Quality Agency (AACQA) uncovered serious concerns about behavioural management at the home. An AACQA spokeswoman said a team had made an unannounced visit to Garrawarra on May 6 and 9, followed by a full audit review from May 15-23. Run by NSW Health, the centre is one of the few purpose-built, dementia-specific facilities in the state – with a capacity of 120 beds. South Eastern Sydney Local Health District chief executive Gerry Marr moved to assure the community that the ‘’care, comfort and support’’ of residents remained a priority.
June 20, 2017
Community Living Australia Ltd is set to defend a s.394 (Application for unfair dismissal remedy) launched by Turner.
June 20, 2017
A s.185 (Enterprise agreement) by the Pika Wiya Health Service Aboriginal Corporation for its Pika Wiya Aboriginal Health Service Aboriginal Corporation Nursing Employees ANMF Enterprise Agreement 2017 has been granted.
June 20, 2017
An application by Health Services Union (s.437 – Application for a protected action ballot order) will be determined by Senior Deputy President Hamberger in his Sydney chambers at 10.30am.
