A s.185 (Enterprise agreement) application by Foundation Housing Ltd for its Foundation Housing Enterprise Agreement 2016 has found favour with Deputy President Gostencnik in Melbourne on the 21 February 2017.
February 21, 2017
Michael Renton sought a reinstatement order from the Fair Work Commission. Instead all he got was $2,014.89 plus superannuation from the Bendigo Health Care Group. Mr Renton’s application was sunk by his contemptuous attitude toward management, his Facebook posts, his boorish practical jokes and his post termination conduct.
February 21, 2017
An application/Notification by Australian Nursing and Midwifery Federation (s.158(1) RO Act – Application for alteration of eligibility rules) will be heard by Deputy President Lawrence in Hearing Room 5, Second Floor in Hobart at 10am.
February 21, 2017
James Borg has been refused an extension of time to pursue his general protections application at the Fair Work Commission against Summit Health Care Pty Ltd T/A SummitCare (Australia).
February 21, 2017
Churches of Christ Community Care in NSW is defending a s.739 (Application to deal with a dispute) before Commissioner Johns in Hearing Room 11-1 – Level 11 in Sydney at noon (Gordon).
February 21, 2017
“I’ll never forget that day…and I will never forgive.” On May 6, 2015, Heather Brown received a call from her husband’s aged care facility, asking her to travel from her home in Woodgate to Bundaberg to help clean him. “He was left on the veranda covered in his own faeces, for residents and visitors to see.” Ms Brown’s husband Bill, 77, has dementia and lives in the high needs unit at TriCare in Bundaberg. The facility says client care is foremost in its goals but says it can’t talk about individual incidents. That day in 2015 Mrs Brown was called in to help due to a lack of staff. She said the problem has not gone away and is lobbying for change. Last month she discovered blood on Mr Brown’s sheets. She said he had been wearing a urine-soaked pad for 12 hours which had caused the skin on his scrotum to tear and bleed. In another incident, she discovered her husband had fallen and appeared to be having a mini stroke, but no staff came immediately to her aid, as “one was busy feeding another resident”. Mrs Brown stressed that the staff were doing their best – but there were simply not enough of them. “It is a staffing issue,” Mrs Brown said. “The staff there are wonderful and they work very hard – but they are overstretched.”
February 21, 2017
An application for approval of the National Disability Insurance Agency Enterprise Agreement 2016-2019 (s.185 – Application for approval of a single-enterprise agreement) will be heard by Deputy President Kovacic in his ACT chambers at 10.15am.
February 21, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as a Patient Care Attendant at a regional residential care facility – dismissed for alleged elder abuse involving inappropriate treatment of residents – respondent submitted first and final warning previously issued to applicant on or about October 2015 reinforced proper standards and workplace conduct – on or about 5 August 2016 applicant was alleged to have engaged in aggressive, humiliating and intimidating behaviour towards a resident – respondent contended applicant’s actions constituted physical and emotional/psychological abuse of resident amounting to serious and wilful misconduct – factors surrounding dismissal weighed against s.387 considerations – on balance, the Commission resolved dismissal was not unfair within the meaning of the FW Act – application dismissed. Lehmann v Mary Mackillop Aged Care SA
