MODERN AWARDS – dispute about matter arising under award – coverage – s.739 Fair Work Act 2009 – dispute regarding modern award coverage – respondent conducts a business which provides software and software support to health professionals and medical practices – applicant performs work in call centre operated by respondent as Customer Care Agent – applicant contended that his work is covered by the Professional Employees Award 2010 (the Professionals Award) – respondent submitted that the Clerks – Private Sector Award 2010 (the Clerks Award) is applicable – applicant applied for determination from Commission – applicant submitted that he is not engaged wholly or principally in clerical work but that his skills and abilities fit under Level B.1.1 of the Professionals Award – sought reinstatement of underpaid wages since inception of the Professionals Award – respondent objected on basis that neither the Clerks nor Professionals Award authorise arbitration unless by consent by both parties – respondent also contended that the declaration being sought by applicant involves the impermissible exercise of judicial power by the Commission – Commission did not accept that the dispute by arbitration would necessarily involve the exercise of judicial power – Tenix Solutions P/L considered – could not discount possibility that applicant’s dispute could be framed in a manner so that the Commission would not be exercising judicial power in arbitration – however, as respondent did not consent to the Commission arbitrating the dispute, the Commission has no power to make a binding determination under the dispute resolution procedures of both awards – notwithstanding this issue, the Commission noted that applicant did not meet the definition of a Professional information technology employee under clause 3.3 of the Professionals Award – no evidence that the applicant’s role required a relevant degree or qualifications such that he would be eligible for admission as a member of the Australian Computer Society – noted that type of work performed by applicant is described within Level 2 or Level 3 of the Clerks Award – did not accept that Clerks Award does not properly cover applicant – application dismissed. Davidson v Health Communication Network t/a Medical Director
June 14, 2017
Mental health staff in the Wairarapa, Hutt Valley and Capital & Coast areas have been injured on 83 occasions by patients over the past year. A staff member was forced to take 70 days’ sick leave after being assaulted while caring for a mental health client in the lower North Island. However, authorities hope a new shift in approach by frontline staff will help drive down patient-inflicted injuries in the future. Newly-released figures from the mental health authority servicing the Wairarapa, Hutt Valley and Capital & Coast areas, known as 3DHB, show there were 135 instances of assaults by patients over the past 12 months.
June 14, 2017
A single battle has been won towards the implementation of “Gayle’s Law” — but the fight for national nurse safety reform is far from over, the husband of murdered nurse Gayle Woodford says. Keith Woodford last week spoke publicly for the first time since the abduction and murder of his 56-year old wife Gayle at Fregon in the APY Lands in March last year. Mr Woodford said he would devote his life to making it law that nurses cannot attend emergency call-outs alone in remote areas. While the State Government last week agreed to introduce such legislation, the Federal Government — which funds the majority of remote health services — would not commit to the measures.
June 14, 2017
Melbourne City Mission is preparing to defend a s.372 (Application to deal with other contravention disputes) lodged by a staff member (Kostas).
June 14, 2017
Nurse have been directed not to speak in a language other than English in the staffroom of one major metropolitan hospital in South Australia. Flinders Medical Centre nurses were told via an email from the hospital’s nursing director Suzanne Foot, who heads intensive and critical care services, that “it is not appropriate to speak in a language other than English” in the staffroom. Hospital heads have distanced themselves from Ms Foot’s directive and said “we don’t condone this email and apologise to anyone who took offence”, while others have labelled the email “disappointing”. “If you are in the staffroom with only staff who speak a particular language and you choose to converse, that’s up to you, but I request that you stop when others enter the area,” the email to staff reads.
June 13, 2017
Health Workforce Queensland Ltd has a s.382 (Application to deal with other contravention disputes) to defend (Danielsen).
June 13, 2017
The Boneham Aged Care Services Inc application for the Boneham Aged Care Services Inc Care Sector employees and ANMF SA Employment Agreement 2016 has been granted by Fair Work Commissioner Gregory in Melbourne on June 7 2017.
June 13, 2017
An inquest into the death of teenager Ahlia Raftery in a Newcastle mental health unit in March 2015 has led to recommendations to improve patient care and help prevent future tragedies. Ms Raftery had only just turned 18 when she took her own life in the Mater Mental Health Centre’s intensive care unit during a deep depressive episode. The coronial inquest into her death has identified a number of specific shortcomings in Ms Raftery’s care and “areas which suggest that there is scope for improvement in general mental health care”. Deputy state coroner Derek Lee has made seven recommendations to the Hunter New England Health District to improve policies, nurse training, record keeping and communication between staff.
