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
May 29, 2017
TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 587 Fair Work Act 2009 – application for relief from unfair dismissal – parties at conciliation given extension on ‘consideration time’ for settlement – both representatives advised the Commission settlement agreement had been reached – correspondence was not sent directly to either applicant or respondent – applicant subsequently requested matter to be determined at hearing – applicant communicated to representative that representation was no longer required – applicant representative cease representation – Commission sought submissions from parties – both parties’ filed submissions addressing if settlement had been reached – applicant’s evidence illustrated the representative acted without proper instructions, applicant did not wish to accept the offer and applicant would not sign the terms of settlement – respondent submitted parties intended to conclude the agreement, record the terms and applicant’s application should be dismissed – Masters v Cameron applied – Commission found ‘consideration time’ precluded a conclusion that an agreement was reached at conciliation – Commission favoured applicant’s evidence – satisfied applicant did not agree to elements of the proposed terms of settlement and did not accept the offer – Commission not satisfied parties reached agreement – unable to conclude there were binding terms of settlement – Commission declined to dismiss application – further directions to be issued – merits to be heard and determined. Newchurch v Tangentyere Council Aboriginal Corporation
May 26, 2017
Bellarine Community Health has announced the new man to take on its top job following a three-month search to replace outgoing boss John Fendyk. Shane Dawson, a former chief executive of Wide Bay Medicare Local in Queensland and more recently a consultant for several disability agencies in the NDIS rollout, is set to start as the under-fire organisation’s new chief executive at the end of July.
May 26, 2017
Workers at Echuca’s Bupa Aged Care home are being encouraged to vote down their latest pay offer. The proposal, which includes a 2.3 per cent wage increase, will be put to workers at Bupa’s 26 Victorian nursing homes today. But the Australian Nursing and Midwifery Foundation claims the offer provides no improvements beyond the pay rise and is urging staff to vote against the proposal. The foundation has set up a large billboard outside the Fehring Ln facility in recent days in an attempt to sway employees ahead of the ballot. It claims Bupa is one of Victoria’s lowest paying aged care groups. Victoria branch secretary Lisa Fitzpatrick said Bupa nurses and personal care workers earned thousands of dollars less each year than colleagues doing the same work.
May 25, 2017
An application by Australian Nursing and Midwifery Federation-Northern Territory Branch (s.238 – Application for a scope order) will be reviewed by Commissioner Wilson in Conference Room 1 in Darwin at 10am.
May 25, 2017
National Prescribing Service has a (s.372 – Application to deal with other contravention disputes) date with Commissioner Johns in his Melbourne chambers (McAllan).
