Dr Allan Clarke T/A CJ Orthopaedics Pty Ltd has abandoned his appeal against an unfair dismissal claim decision in favour of Glenyce Ham.
March 27, 2017
An application for approval of the Royal Flying Doctor Service of Australia (Western Operations), Medical Practitioners Industrial Agreement 2016 (s.185 – Application for approval of single enterprise agreement) is the preserve of Commissioner Johns in Melbourne.
March 27, 2017
An application for approval of the Twilight Aged Care Enterprise Agreement (2016-19) (s.185 – Application for approval of a single-enterprise agreement) will be determined by Commissioner Gregory in his Melbourne Chambers.
March 27, 2017
An s.394 (Unfair dismissal) application by Roy Henderson against Sunrise Way Therapeutic Community has failed because he didn’t work the minimum employment period.
March 27, 2017
Fake doctors will face several years in jail, instead of a fine, after Australia’s health ministers yesterday agreed on tougher deterrents and punishment.
March 27, 2017
An application/notification by Health Services Union (s.505 – Application to deal with a right of entry dispute) will be heard by Commissioner Cribb in conference Rooms E & F – Level 6 in Melbourne at 2pm.
March 27, 2017
ENTERPRISE BARGAINING – bargaining order – s.229 Fair Work Act 2009 – applications by United Voice and Australian Nursing and Midwifery Federation (Unions) for bargaining orders with Aged Care Services Australia Group P/L – applications heard together – Unions sought interim order to terminate ballot, declare any vote cast null and void and to order respondent to meet with Unions to bargain before ballot recommenced – able to determine substantive application before ballot closed – interim order not issued – substantive matter heard – in October 2016 bargaining Unions pressed for the insertion of a savings clause – respondent did not agree to insertion – in November 2016 bargaining respondent proposed wording Unions did not accept – in January 2017 Unions agreed to amended wording proposed by respondent to be inserted into agreement – in February 2017 respondent issued final draft of agreement without savings clause – Unions requested that clause be reinserted – respondent advised it would be inappropriate to proceed with clause – Unions submitted respondent breach good faith bargaining requirements – submitted respondent changed its position at last minute by withdrawing prior agreement to key clause in proposed agreement, failed to expressly advise Unions of change of position and refused to meet and discuss changed position – respondent submitted it had complied with good faith bargaining obligations, had advised Union it did not propose to reinsert clause and did not intend to change the ballot timetable – submitted it had removed clause after advice that such provision would result in agreement not being single source of terms and conditions – submitted separate communications were made to Unions and impasse had been reached – Tahmoor Coal, Coates Hire and Shingawa Refractories cited – Commission found manner in which respondent unilaterally withdrew an agreed clause represented a failure to disclose relevant information as required by s.228(1)(e) of FW Act – found respondent’s change of position, failure to expressly alert Unions and subsequent refusal to engage regarding change prior to impending ballot did not meet requirements of s.228(1)(a)(b) and (e) of FW Act – ballot process delayed to enable good faith bargaining requirements to be met – order issued. United Voice and Australian Nursing and Midwifery Federation v Aged Care Services Australia Group P/L
March 27, 2017
TERMINATION OF EMPLOYMENT – genuine redundancy – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant worked as Sales and Business Development Manager – respondent operated a healthcare recruitment and personnel placement business in Australia – respondent raised jurisdictional objection of genuine redundancy – asserted role previously performed by applicant was no longer required due to changes in the operational requirements of business – asserted there was no award or enterprise agreement applicable and despite reasonable attempts was unable to redeploy applicant to another role – applicant contended dismissal was not a case of genuine redundancy on basis of number of other positions available – claimed to be covered by the Clerks Private Sector Award 2010 (the Award) and the real reason of dismissal was that the CEO disliked her – applicant appointed to role of Client, Sales and Business Development Manager and held that position up until dismissal – business was restructured – all staff were sent email from HR department asking to express interest in Defence roles – approximately 23 positions available – meeting held between parties in which respondent asked applicant whether could add value anywhere else in business and termination was only outcome sought by CEO otherwise – told to think about discussion overnight and respond following day – attended meeting next day in which applicant given a termination letter effective that day – applicant contended that redundancy was not genuine on basis that none of the available positions listed in termination letter had ever been discussed – at no time was applicant advised of interest of expression regarding defence positions, consulted of position becoming redundant or given opportunity to explain why should be retained – Commission satisfied that applicant’s job made redundant as no longer required due to operational changes in business – no new employees employed to replace applicant – satisfied that at the time applicant dismissed there were jobs, roles, positions of work which could have been undertaken by applicant – Manager of Defence division at that relevant time gave evidence that applicant could have assisted in setting up Defence division – found not to be a case of genuine redundancy – applicant informed of dismissal one day before – dismissal was harsh given applicant’s personal circumstances and failure to consider redeployment – dismissal unfair – employment relationship irretrievable – ordered respondent to pay applicant compensation in amount of $13,842 in wages and $1,315.38 in superannuation contributions less applicable tax – payment to be made within 21 days of date of decision. Sommer v Healthcare Australia t/a Healthcare Australia
