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.
January 11, 2017
The Fair Work Commission has approved a s.185 (Enterprise agreement) application from Matthew Flinders Home Inc T/A Matthew Flinders Care Services for its Matthew Flinders Home Inc Nursing Employees & ANMF Enterprise Agreement 2015.
January 11, 2017
The Court of Appeal has ruled that Gary Mitchell’s claim for damages for non-economic loss is not predicated as a consequence of an earlier Certificate of Determination of the Medical panel dated 19 October 2015.
January 11, 2017
A 2.5 per cent wage increase, safer hospital staffing levels and special leave with pay for employees experiencing domestic violence are conditions in a new pay deal approved by the SA state nurses and midwives. After months of negotiations, about 17,000 public sector staff in SA have agreed to a new three-year enterprise bargaining agreement with the State Government. Australian Nursing and Midwifery Federation (SA) chief executive officer Associate Professor Elizabeth Dabars said ballot results secured new and better staffing levels, job security wages, conditions and wages.
