NEWS-HR

A Perth nurse was last night behind bars after she was found guilty of stabbing her former husband with a 20cm kitchen knife at a busy playground in front of their young child. Michelle Allison Fernandez, 43, was on trial in the District Court defending allegations she stabbed Mark Fernandez at the Shelley foreshore in October 2015 after handing over one of their children to stay with him.

Two people with medical conditions have gone missing from an aged care home in the NSW Blue Mountains just a day after each other.

Lara Aged Care at Dungog has a new manager. Allyson Gregory takes over the role from Kerri Wagner who has retired. Mrs Gregory has been previously employed with RSL Lifecare.

Carers Association Victoria Inc T/A Carers Victoria has sought amendments to its Carers Victoria Agreement 2015. The application seeks approval to vary the wages clause – clause 14 of the Agreement – in relation to the December 2016 and December 2017 wage increases for employees to whom the Equal Remuneration Order applies. The variation limits the wage increases to the amount of supplementary funding received by Carers Victoria. In addition, the application seeks to incorporate into the Agreement an undertaking given to the Fair Work Commission at the time the Agreement was approved in 2015. Commission Cribb has allowed the application.

A s.210 (Enterprise agreement) application by Allity Management Services Pty Ltd T/A Allity for its Allity Enterprise Agreement (South Australia) 2014 has been amended by Commissioner Platt to now read: “By replacing the second bullet point in paragraph [2] with the following “increase the rates of pay by 1.75% from the first full pay period on or after 21 October 2016, and a further 1.75% from the first full pay period on or after 21 October 2017.”

A s.185 (Enterprise agreement) application by SwanCare Group Incorporated for its SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2016 has been approved by Commissioner Gregory in Melbourne on the 30 January 2017.

TERMINATION OF EMPLOYMENT – termination at initiative of employer – frustration of contract – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – report by another staff member that applicant was going home during his night shift – applicant accused line manager of playing favourites in the selection of staff members – accusations were in front of other staff members in an intimidating manner and caused line manager significant embarrassment and stress – applicant sent emails to line manager which contained allegations about her conduct – line manager believed allegations to be unfounded and lodged grievance against applicant – applicant stood down pending investigation – applicant indicated he would not attend scheduled meeting unless various allegations raised were investigated – applicant failed to attend meeting and was subsequently informed in writing the respondent considered his actions a frustration of contract – respondent subsequently became aware the applicant was planning on moving interstate – respondent wrote to applicant on two occasions informing that if he did not advise them otherwise they would conclude he was abandoning his employment – applicant’s response was equivocal on both occasions – applicant subsequently informed by letter his employment would be treated as having come to an end by frustration of contract – respondent conceded applicant was not afforded procedural fairness – Commission found applicant was dismissed unfairly – applicant sought reinstatement – Commission found applicant’s conduct undermined the respondent’s trust and confidence in him – not satisfied relationship could be restored if applicant reinstated – applicant’s concession that he refused to attend investigation meeting and that he had lost respect for higher management suggests breakdown was mutual – Commission satisfied compensation appropriate to compensate applicant for respondent’s failure to provide procedural fairness – amount applicant earned since termination exceeded amount of compensation awarded – Commission found not appropriate for a contingency to be applied – satisfied no other matters which warrant an increase or reduction in amount of compensation to be ordered – no order for reinstatement or compensation appropriate. Ahmed v Southern Cross Care WA (Inc)

ENTERPRISE BARGAINING – single interest employer authorisation – s.248 Fair Work Act 2009 – application concerns 19 employers – new enterprise agreement to cover employees employed in public mental health services – authorisation to allow two or more single interest employers to bargain together – Commission satisfied that employers who will be covered by the proposed new enterprise agreement have freely agreed to bargain together. Victorian Hospitals’ Industrial Association