NEWS-HR

The Royal District Nursing Service Ltd has had its Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016 application approved by Commissioner Gregory in Melbourne.

A s.459 (Application to extend the 30 day period in which industrial action is authorised by protected action ballot) by the Health Services Union in its armwrestle with the Department of Health and Human Services has been granted by Vice President Catanzariti.

Arcadia Aged Care Service is set to defend a s.394 (Application for unfair dismissal remedy) before Commissioner Lee in his Melbourne chambers (Jaswinder).

A s.185 (Enterprise agreement) application by Bega Valley Private Hospital Pty Ltd T/A Bega Valley Private Hospital for its Bega Valley Private Hospital – NSWNMA & HSU NSW Enterprise Agreement 2016-2018 has been approved by Commissioner Gregory in Melbourne.

An application for approval of the Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Commissioner Gregory in his Melbourne chambers.

A s.185 (Enterprise agreement) application by The Cram Foundation for its Cram Foundation Nurses Enterprise Agreement 2016 has been ratified by Commissioner Johns in Melbourne.

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.

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