An application for approval of the Bega Valley Private Hospital – NSWNMA & HSU NSW Enterprise Agreement 2016-2018 (s.185 – Application for approval of a single-enterprise agreement) is with Commissioner Gregory in his Melbourne chambers.
January 11, 2017
TERMINATION OF EMPLOYMENT – termination at initiative of employer – resignation – ss.385, 386, 394 Fair Work Act 2009 – applicant suspended on full pay while allegations of bullying against her were investigated – investigations substantiated allegations of bullying and found applicant was unable to provide reasonable explanations for behaviours – applicant resigned before scheduled performance management meeting – applicant claimed resignation had been offered to her prior to the meeting as an alternative to being sacked – respondent alleged meeting was to be a ‘show cause’ meeting in respect of investigation outcome – Commission preferred evidence of the respondent – found that the applicant resigned rather than attend a disciplinary meeting, and that the resignation was voluntary – applicant was not forced to resign due to conduct or a course of conduct engaged in by the employer – held applicant not dismissed – application dismissed. Sherman v Sunrise Health Service Aboriginal Corporation
January 11, 2017
TERMINATION OF EMPLOYMENT – misconduct – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – employee employed as enrolled nurse by appellant – dismissed 26 May 2016 for serious misconduct – employee admitted to engaging in misconduct and declaring on nursing registration renewal that he had completed the required 20 hours of Continuing Professional Development (CPD) but had not actually calculated if he had completed them in the relevant year – Commission at first instance found dismissal was harsh, unjust and unreasonable – reinstatement ordered – appellant contended Commission at first instance failed to apply the proper test set out in Nguyen – erred by finding no evidence that the relationship between appellant and Logan was unworkable and failing to consider evidence relating to CPD declaration – Coal & Allied and GlaxoSmithKline applied – it will be rarely appropriate to grant permission to appeal unless an arguable case of appealable error is demonstrated [Wan] – Full Bench found issue of whether reinstatement was appropriate having regard to evidence concerning CPD declaration attracted public interest – raised question as to whether it was lawful or practicable for appellant to employ employee in circumstances where there may be doubt as to validity of employee’s nursing registration – permission to appeal granted on issue of whether reinstatement was an appropriate remedy – Full Bench found Commission at first instance did not fail to apply the proper test in Nguyen – found no appealable error in consideration of CPD declaration issue – evidence adduced in appeal left no basis to conclude employee did not satisfy CPD requirements or that he was invalidly registered – appeal dismissed. Appeal by Bendigo Health Care Group against decision of Ryan C of 14 September 2016 [[2016] FWC 6780] Re: Logan
January 11, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – appeal concerned the meaning of ‘pursue’ in the clause dealing with Long Service leave in the CFMEU MSS Enterprise Agreement 2012 – at first instance the Commission had determined the meaning to be broader than the dictionary definition – effectively imposed an obligation on the appellant to establish and pay into an approved portable long service leave fund – appellant argued Commission was in error as ‘pursue’ should have been given its plain and ordinary meaning – task of interpreting a disputed clause of an agreement is an objective one – Full Bench held what mattered was what words and conduct would have led a reasonable person in the position of the other party to believe – the words of the Agreement provided the 7 answer to the dispute – no obligation was established to make a payment into a portable long service leave scheme and parties cannot reasonably be held to do so expressly or by implication – permission to appeal granted – appeal upheld – determination at first instance quashed – Full Bench determination substituted. Appeal by MSS Security P/L & MSS Strategic Medical P/L t/a MSS Security & MSS Strategic Medical against decision of Gregory C of 27 September 2016 [[2016] FWC 5650] Re: Construction, Forestry, Mining and Energy Union
January 11, 2017
After weeks of industrial action, Tasmanian nurses and midwives have struck a deal on a pay offer from the State Government. The Nursing and Midwifery Federation (ANMF) has given in-principle support to a two-year agreement that would see nurses receive a 2 per cent pay rise backdated to the start of the month and another rise in a year’s time. The deal also includes improved conditions and professional development. But ANMF secretary Neroli Ellis warned the next pay deal must be more competitive in order to attract and retain nurses to work in Tasmania.
January 11, 2017
The Industrial Relations Court (SA) has ruled that the Chief Executive of the Department of the SA Premier and Cabinet (on behalf of the Department for Health and Ageing) does not have the right to exclude the Health Services union (SA/NT) or the Psychologists Association (SA Branch) from a hearing to determine the eligibility of public sector agency psychologists to progress to a higher wage classification.
January 11, 2017
Baptist Community Services has failed to persuade the NSW Workers Compensation Commission that it should review the decision to award Suzanne Mulley a second bite of the compensation cherry.
January 11, 2017
The NSW Workers Compensation Commission has refused an attempt by a community care worker (Fardiani Rhyder) to improve her injury payout from Catholic Healthcare Limited.
