ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.587, 739 Fair Work Act 2009 – application for Commission to deal with a dispute under Enterprise Agreement (Agreement) Dispute Settlement Procedure (‘DSP’) – applicant’s claim concerned alleged refusal of request for carers’ leave, transfer of work location and false allegations of unreasonable behaviour – respondent raised jurisdictional objection that claim could not be considered under DSP in Agreement – respondent submitted that matter be dismissed as application not validly made on following grounds – applicant did not follow DSP in Agreement – carers’ leave issue was resolved prior to application – transfer and bullying investigation were not matters arising under the Agreement or NES – relief sought was inconsistent with Agreement – applicant submitted she had complied with DSP under Agreement – applicant claimed she had been forced to resign – applicant sought reimbursement of lost wages and personal medical expenses of $9,642.00 and that respondent sign deed of release – respondent submitted that ‘lost wages’ and deed of release were not related to issues in dispute and Commission does not have power to deal with these claims – Commission noted valid s.739 dispute application requires dispute which can be properly identified and characterised – subject matter of dispute must be about ‘matters under Agreement or NES’ – parties must follow all DSP steps – Commission must have necessary power to order relief sought by party requesting relief – Schweppes Australia considered – Commission would not ordinarily order relief sought if no practical utility in doing so – Commission satisfied applicant did not correctly progress dispute through all requisite steps of DSP – applicant misunderstood Commission’s powers – no power for Commission to grant monetary payments or order respondent to sign deed of release – carers’ leave issue only matter that could be argued under Agreement or NES but Commission has no power to deal with a resolved dispute – Commission has no jurisdiction to deal with transfer or workplace investigation disputes as neither were matters arising from Agreement or NES – final DSP step not invoked by applicant meaning Commission barred from dealing with matter which had not progressively moved through each step of DSP – applicant resigned meaning no utility in taking action that would have no impact on employee who is no longer employed – Commission satisfied application cannot proceed under s.739 – found Commission had no jurisdiction to deal with dispute – Commission found application had no reasonable prospects of success – application dismissed. Tarasenko v Insurance Australia Group
June 30, 2017
MODERN AWARDS – 4 yearly review – plain language – s.156 Fair Work Act 2009 – Full Bench – decision dealt with review of Pharmacy Industry Award 2010 (Pharmacy Award) arising out of the plain language re-drafting process – Commission observed three outstanding issues arising from amended plain language exposure draft of the Pharmacy Award; coverage of on-hire employees as expressed in clause 4.3 of January exposure draft; drafting of overtime provision in clause 20 of January exposure draft; definition of ‘dispensary assistant’ in Pharmacy Award – agreement reached on overtime provision and draft definition issues – in relation to dispute whether clause 4.3 meant a pharmacy that utilises on-hire workers would be brought under award coverage – Commission’s provisional view was the clause should not be construed to have that effect – Commission invited further written submissions concerning whether clause 4.3(a) of the January exposure draft should be adopted having regard to this provisional view – written submissions must be lodged by Friday 7 July 2017. 4 yearly review of modern awards – Plain language project – Pharmacy Industry Award 2010
June 29, 2017
Kim Teudt has accepted a role with Uniting Care Queensland from July 3.
June 29, 2017
The Health Services Union and Clinical Laboratories Pty Ltd have a s.739 (Application to deal with a dispute) listed for hearing by Commissioner Cribb in conference rooms E & F – level 6 in Melbourne.
June 29, 2017
Geelong Cats chief executive Brian Cook has been appointed chair of Barwon Health, the Andrews Government announced today. Mr Cook, who has been the Cats’ key football administrator since taking over in 1999, will officially step into the role at Geelong’s largest health care provider from July 1.
June 29, 2017
Blooms the Chemist Management Services has to face a s.372 (Application to deal with other contravention disputes) launched by a staffer (Cameron).
June 29, 2017
The Health Services Union and Department of Health and Human Services have a s.739 (Application to deal with a dispute) listed for hearing by Fair Work Deputy President Hamilton in court 4 & conference room C – level 6 in Melbourne.
June 29, 2017
Mungabareena Aboriginal Corporation has to front up to defend a s.394 (Application for unfair dismissal remedy) before Deputy President Sams in his Sydney chambers at 10am (Murray).
