Quad Services Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) before Commissioner Saunders on Level 3, 237 Wharf Road in Newcastle (Cohen).
May 3, 2017
Scope (Vic) Ltd is facing a (s.604 – Appeal of decisions) before the Full Bench in Court 1 – Level 6 in Melbourne (Sekirski).
May 2, 2017
A support worker who was injured when a 190kg man fell on her has been awarded a $332,189 WorkCover payout. Therese Gai McCormack, 50, suffered a painful shoulder injury that required surgery and took her former employer Former Ethnic Community Care Links Inc to court for negligence. Townsville District Court judge Stuart Durward published a judgment in favour of Ms McCormack. Ms McCormack went to the at Ayr Hospital in June 2011 to meet the man for his dental appointment. When she arrived, the “grossly obese man” was lying face down in a maxi taxi with his legs halfway out. “The plaintiff said she got into the maxi-taxi through the wheelchair access entry in order to comfort (the man) and knelt on the floor in front of (him) at his head,” the judgment read. Two hospital orderlies came out to assist, pulling his arms back in an attempt to lift him but the man either slipped or the orderlies dropped him and Ms McCormack’s right shoulder was forced into the metal leg of a seat. The judge assessed Ms McCormack’s future loss of earnings to be $400 a week for 12 years, totalling more than $170,000. Her past economic loss was calculated to be $121,028.
May 2, 2017
Lyndoch Living board president has defended a decision to sponsor the Grand Annual Steeplechase. Kerry Nelson said Lyndoch board member Peter Downs – who is also the Warrnambool Race Club chief executive officer – declared a pecuniary interest prior to the sponsorship deal being struck with Waterfront by Lyndoch Living for the iconic race. Mr Downs is on the Lyndoch Living board although he is not listed as a board member on the Lyndoch Living website. He joined the board eight months ago, well before the race club announced a three-year sponsorship arrangement in February with Waterfront by Lyndoch Living – a business arm of Lyndoch. Lyndoch Living is a not-for-profit organisation with a primary focus on aged care while Waterfront by Lyndoch Living is a business arm of the group. The sponsorship – understood to be worth more than $50,000 over the three years – has raised questions in the community because of the close association with Lyndoch Living.
May 2, 2017
An application for approval of the Southern Cross Care Broken Hill Limited and the ANMF Oasis Staff Enterprise Agreement 2015-2018 (s.185 – Application for approval of a single-enterprise agreement) will be the preserve of Commissioner Roe in his Melbourne chambers at 11.30am.
May 2, 2017
West Wimmera Health Service is to defend a s.394 (Application for unfair dismissal remedy) before Deputy President Gooley in his Melbourne chambers (Friebel).
May 2, 2017
CASE PROCEDURES – appeals – s.604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision that applicant was casually employed and not dismissed by respondent – Commissioner found lack of work due to work going to another agency and not due to a complaint made by the appellant – appellant alleged significant error of fact and that appeal enlivened public interest grounds – appellant’s outline of submissions focused on a number of points in transcript – appeal seemed to have been initiated to rerun the case as applicant was dissatisfied with decision at first instance – Full Bench held that it is not in the public interest to grant permission to appeal – permission to appeal refused. Appeal by Rennie against decision of Booth C given in transcript on 10 February 2017 Re: Demjet P/L (in Liquidation) formerly t/a Just Better Care Brisbane East
May 2, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission issued a decision that documents provided to Ms Puata and Ms West by the appellant did not satisfy the requirements of Clause 9.3(b) of the Bupa Care Services, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2013 (Agreement) – the appellant sought permission to appeal – primary submission was that the Commission erred in construing meaning of clauses 9 and 24 in accordance with terms and in context of the Agreement as a whole – Full Bench was satisfied the dispute was matter of public interest and granted permission to appeal – satisfied that the appellant was able to change Ms Puata’s roster without reaching agreement in writing with her and that alterations to her hours of work must be agreed to in writing pursuant to Clause 9.3(c) – not satisfied that the manner in which the appellant reached agreement with Ms West in relation to reducing her hours of work and rostering arrangements contravened the Agreement – appeal in relation to both Ms Puata and Ms West upheld. Appeal by Bupa Care Services P/L against decision of Johns C of 25 November 2016 [[2016] FWC 8508] Re: New South Wales Nurses and Midwives’ Association
