Yirara College of the Finke River Mission Inc is trying to resolve a s.739 (Application to deal with a dispute) before Commissioner Wilson (Wapling).
January 17, 2017
Mecwacare is facing a s.379 (Application to deal with a dispute in relation to flexible working arrangements) lodged by a staffer (Mahal).
January 17, 2017
The Tasmanian Government is again being accused of secrecy surrounding an inquiry into embattled foster care provider Safe Pathways. The Government is investigating the private provider following allegations of neglect and financial discrepancies.
January 17, 2017
A s.185 (Enterprise agreement) application by My Place (WA) Pty Ltd T/A My Place for its My Place (WA) Pty Ltd Enterprise Agreement 2016 has been approved by Commissioner Roe in Melbourne on 16 January 2017.
January 17, 2017
An application/notification by Australian Nursing and Midwifery Federation for a s.158(1) RO Act (Application for alteration of eligibility rules) will be determined by Deputy President Lawrence in the Fair Work Commission Terrace Tower 80 William Street East Sydney at 10.30am.
January 16, 2017
GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application to deal with contraventions involving dismissal lodged one day out of time – applicant contended she was dismissed on 6 October 2016 – respondent contended the applicant was not an employee of the respondent and was employed by an employment agency – Commission does not have jurisdiction to determine if applicant was employed by respondent or whether applicant was dismissed – granting extension requires ‘exceptional circumstances’ [Nulty] – Commission accepted reason for delay was applicant originally emailed application on 27 October 2016 in an unsupported format and was not aware the application was deemed to have not been lodged – applicant conceded no action was taken to dispute alleged dismissal – applicant contended respondent breached s.340 of FW Act but did not identify the workplace right that was allegedly breached – accepted respondent was not at any time her employer – Commission satisfied merits of applicant’s s.340 claim against respondent weak – on balance, Commission not satisfied of exceptional circumstances – application dismissed. Davie v North Queensland Primary Health Network
January 16, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant posted video with sexual overtones to Facebook and ‘tagged’ two colleagues in it – left blobs of sorbolene cream on one colleague’s desk – employment terminated due to serious misconduct – reinstatement sought – respondent contended applicant’s conduct constituted serious misconduct because it caused serious and imminent risk to health and safety or reputation of the employer – Commission satisfied valid reason for dismissal – found on balance dismissal was harsh – disproportionate to the gravity of the misconduct – dismissal unfair – remedy – reinstatement not appropriate – compensation appropriate – further submissions to be sought from parties with respect to s.392 of FW Act – directions to be issued. Renton v Bendigo Health Care Group
January 16, 2017
TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 587 Fair Work Act 2009 – application for relief from unfair dismissal – settlement reached at conciliation – terms of settlement document provided to parties by staff of Commission – two months later applicant contacted Commission enquiring as to status of application – applicant informed settlement reached at conciliation and matter closed – requested matter proceed to arbitration – stated in-principle agreement at conciliation was subject to terms of deed of release of which she was unhappy with – applicant also raised newly discovered documentation that she alleged cleared her of misconduct – respondent objected to matter proceeding as agreement reached – Commission found no evidence of applicant or representative raising any objections upon receipt of terms or in weeks immediately following – applicant only challenged terms two months later when request made for arbitration – more plausible explanation that applicant wished for matter to proceed to arbitration owing to newly discovered documentation – Commission not persuaded that agreement reached was only an in-principle agreement and subject to the parties reaching agreement on terms of a deed of release – satisfied that parties reached an agreement by way of a binding settlement at conciliation on 17 August 2016 – application dismissed on the basis that it has no reasonable prospects of success. Heap v Calvary Health Care ACT Ltd t/a Calvary Health Care Bruce
