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).
May 25, 2017
A s.185 (Application for approval of a single-enterprise agreement) by The Northcott Society has been approved in a 46 page written decision handed down by Commissioner Saunders in Newcastle on 24 May 2017. The entity operates in the social, community, home care and disability services sector.
May 24, 2017
Australia’s sovereign wealth fund, the $130 billion Future Fund, tried to block the election of Sydney Airport chairman Trevor Gerber to the board of Regis Healthcare. Documents obtained by freedom of information laws reveal for the first time which companies were targeted by the Peter Costello-chaired Future Fund for failing to live up to its corporate governance standard on executive pay and board appointments.
May 24, 2017
Baptistcare in Western Australia has appointed Graydn Spinks as its new general manager aged care services.
