The New South Wales Nurses and Midwives’ Association and Estia Investments Pty Ltd have a s.739 (Application to deal with a dispute) before Fair Work Commissioner McKenna in Hearing Room 12-2 – Level 12 in Sydney.
September 19, 2016
Community Services #1 Incorporated will fight a s.394 (Application for unfair dismissal remedy) lodged by a disaffected Robertson.
September 19, 2016
An application for approval of the Back in Motion Health Group Campbelltown Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) as well as an application for approval of the Back in Motion Health Group Valley View Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will both be heard by Commissioner Gregory in his Melbourne chambers.
September 19, 2016
Competition for nurses is heating up, with some employers offering six weeks’ holidays as major hospital operators warn that any significant increases in pay and entitlements, or restrictions on supply, will affect them greatly. In nursing, an ageing workforce, maldistribution of staff and little increase in productivity or clinical roles has created a fractious environment where new graduates often take jobs elsewhere while some employers continue to seek nurses overseas. In an effort to maintain its supply, Queensland’s Palaszczuk Labor government is finalising an enterprise bargaining agreement that will deliver nurses a 2.5 per cent pay rise backdated to April and another 2.5 per cent in April next year. The state is also opening up to 1000 additional graduate nurse positions every year to retain more young staff. Public hospital nurses in Queensland are entitled to up to six weeks’ holiday, like their counterparts in Victoria, but nurses in NSW receive only four weeks. Changes in hospital management structures have altered the manner in which nurses, and agency nurses, are paid. Private hospital networks Ramsay and Healthscope have warned that nursing labour is their biggest operating cost and any major changes to remuneration or availability — including access to overseas-trained nurses — will make services more expensive and potentially unviable.
September 13, 2016
TERMINATION OF EMPLOYMENT – high income threshold – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission upheld respondent’s jurisdictional objection – found appellant’s salary exceeded the high income threshold and he was not covered by an industrial award or agreement – appellant sought permission to appeal on the basis that the Commission omitted appellant’s written final submissions and erroneously applied the ‘principle purpose test’ – whether in public interest, where the test is ‘a discretionary one involved a broad value judgment’ [Coal & Allied] – whether decision at first instance involved a ‘significant error of fact’, the test being ‘a stringent one’ [Coal & Allied] – rarely appropriate to grant permission to appeal unless an arguable case of appealable error is demonstrated, simply because an appeal cannot succeed in the absence of appealable error [Wan] – the fact that even if a Member of the Commission made an error, this is not necessarily a sufficient basis for the grant of permission to appeal [GlaxoSmithKline] – Full Bench not satisfied appellant demonstrated any reasonably arguable case of error on the part of the Commission in determining that his employment was not covered by the Commercial Sales Award 2010 – found no error in the Commission’s approach to the application of the principal purpose test – Full Bench could not detect any significant error of fact or error of law – no basis to grant permission to appeal – not in public interest – permission to appeal refused. Appeal by Graham against decision and order of Drake SDP of 15 June 2016 [[2016] FWC 3525] and [PR581332] Re: Globus Medical Australia P/L
September 13, 2016
ENTERPRISE BARGAINING – single interest employer authorisation – ss.248, 249 Fair Work Act 2009 – VHIA made application for Single Interest Employer Authorisation concerning new enterprise agreement to cover range of allied health professionals – application set out 84 employers intended to be covered by new enterprise agreement – employers involved in provision of public health services in Victorian public health sector – employers specified in Declaration made by Minister under s.247 of FW Act – application also specified group of employees covered by new enterprise agreement who were allied health employees – VHIA appointed as the bargaining representative of each of the employers – effect of authorisation sought is to allow two or more single interest employers to bargain together in relation to new enterprise agreement – s.249 specifies when Commission must make single interest employer authorisation – Commission satisfied that employer covered by the proposed new agreement freely agreed to bargain together – satisfied no person coerced or threatened to coerce any of the employers to bargain in that way – single interest employer authorisation made – authorisation came into operation on day it was made which is date of decision – authorisation to cease operation on the day which the proposed agreement is made or 12 months from day of authorisation. Victorian Hospitals’ Industrial Association
September 12, 2016
Ignite Vision for Health and Vitality Pty Ltd ATF M and J Charlton Family Trust is being asked to defend a s.372 (Application to deal with other contravention disputes) instigated by a staff member (Cox).
September 12, 2016
The Trustee for the Roman Catholic Church for the Diocese of Parramatta is alleged via a s.394 (Application for unfair dismissal remedy) to have hastily dispatched Ramsey.
