The Health Services Union and Healthscope Ltd are debating a s.739 (Application to deal with a dispute) before Commissioner Cirkovic in the Fair Work Commission Edward Braddon Commonwealth Law Courts Builidng 39-41 Davey Street Hobart at 2pm.
December 13, 2016
Wirraka Maya Health Service Aboriginal Corporation is to appear via a s.394 (Application for unfair dismissal remedy) before Deputy President Binet in the Fair Work Commission Central Plaza Two Level 14 66 Eagle Street Brisbane (Plummer).
December 13, 2016
Darwin Aboriginal Islander Women Shelter is facing a s.372 (Application to deal with other contravention disputes) lodged by a staffer (Hampton).
December 13, 2016
Lifestyle Supports Pty Ltd is to defend a s.372 (Application to deal with other contravention disputes) instigated by a staff member (Williams).
December 12, 2016
REGISTERED ORGANISATIONS – amalgamation – Transitionally Recognised Association – Sch. 1, Cl. 6(2) Fair Work (Registered Organisations) Act 2009 – applicant sought extension to its status so its work in rationalising its internal affairs with Federal counterpart, Australian Nurse and Midwives’ Association (ANMF), could be completed – also wanted to directly enforce federal agreements that cover it – in practice applicant operated with Queensland branch of ANMF (QNU Branch) – both sought to operate in both Federal and Queensland industrial systems – Sch. 1, Cl. 6(1)(c)(i) of RO Act end of transitional recognition applicable – due to cease 1 January 2017 unless Commission satisfied progress had been made towards rationalising its internal affairs with federal counterpart – applicant provided statutory declaration setting out steps taken – progress made in many areas – applicant required more time regarding joint employment of officials and staff, right of entry permits and other matters – Commission satisfied that applicant had made progress – extension of applicant’s TRA status to 1 January 2018 granted. Queensland Nurses’ Union of Employees
December 12, 2016
CASE PROCEDURES – appeals – costs – ss.400A, 604, 611 Fair Work Act 2009 – permission to appeal – Full Bench – decision of Full Bench refused permission to appeal and dismissed appeal [[2016] FWCFB 5223] filed by appellant against decision and order of Commissioner Platt, who dismissed application pursuant to s.399A of FW Act – respondent made costs application against appellant on basis that appeal filed ‘without reasonable cause’ – submitted should have been reasonably apparent to appellant that application had no reasonable prospects of success – contended she sought to run same case put to Commission at first instance, which itself was unrelated to s.399A application – test not whether argument would be successful but whether application should not have been made [Church v Eastern Health] – Full Bench acknowledged that application for costs related only to current appeal and not previous proceedings – that a person may have comprehensively lost their unfair dismissal claim and that costs are awarded against them based on tests under ss.611 and 400A does not necessarily mean that appeal against decision will result in similar costs outcome – focus must always be on the proceedings to which the costs application is directly related – Full Bench found applicant held an ‘absolute and unshakable belief in the merits of her case’ and went to ‘extraordinary and bizarre lengths’ to prove her innocence – Full Bench found appellant was clearly aware of adverse findings against her at first instance and had benefit of knowing respondent’s arguments against her in respect of appeal and yet continued to pursue application – grounds set out in Notice of Appeal ‘manifestly untenable or groundless’ [Baker v Salva Resources] and could therefore not be viewed as having any reasonable prospects of success – so devoid of merit or substance as to not be reasonably arguable – Full Bench held s.611(2) of FW Act enlivened – unnecessary to make further findings under s.400A – ordered appellant to pay respondent $5,000 incurred as party-party costs in preparing and defending appeal. Appeal by Hansen against decision and order of Platt C of 31 May 2016 [[2016] FWC 3472] and [PR580948] Re: Calvary Health Care Adelaide Limited
December 12, 2016
ENTERPRISE AGREEMENTS – approval – ss.185, 604 Fair Work Act 2009 – appeal – Full Bench – two appeals against decision which approved the SXO Custodial Enterprise Agreement 2016 (Agreement) with undertakings – as a result of administrative error by Commission staff, Form F18 lodged by CPSU objecting to Agreement and covering email requesting that CPSU be heard regarding application were not brought to attention of Commission prior to decision approving Agreement – Full Bench held the administrative oversight denied CPSU the opportunity for its concerns about Agreement to be considered by Commission – denial of procedural fairness – permission to appeal granted – appeals upheld – decision quashed – matter remitted for hearing and determination. Appeals by United Voice and the Community and Public Sector Union against decision of Roe C of 31 October 2016 [[2016] FWCA 7876] Re: Sodexo Australia P/L t/a Sodexo Australia
December 12, 2016
North Queensland Primary Health Network is facing a s.365 (Application to deal with contraventions involving dismissal) initiated by ex-staffer Davie.
