The Australian Nursing and Midwifery Federation and Eastern Health are debating a s.739 (Application to deal with a dispute in relation to flexible working arrangements).
September 21, 2016
An application for approval of the Victorian Community Health General Dentists (North Richmond, Healthability & Sunraysia) Multi-Employer Enterprise Agreement 2015-2017 (s.185 – Application for approval of a multi-enterprise agreement) is on the desk of Commissioner Cribb.
September 21, 2016
Goodwin Aged Care Services Limited has gained Fair Work Commission consent for its Goodwin Aged Care Services Enterprise Agreement 2016-2020.
September 21, 2016
Kellett v South West Healthcare is engaged in a s.739 (Application to deal with a dispute) launched by a staff member (Kellett).
September 21, 2016
An application/notification by Australian Nursing and Midwifery Federation (s.158(!) RO Act – Application for alteration of eligibility rules) will be weighed by Deputy President Lawrence.
September 21, 2016
The Fair Work Commission has allowed a plethora of applications to vary various Brightwater Care Group Limited Registered Nurses Enterprise Agreements.
September 20, 2016
TERMINATION OF EMPLOYMENT – contract for specified term – ss.386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant worked as non-going employee and subject to several offers and extensions of employment – respondent investigated certain allegations about applicant pursuant to APS Code of Conduct – process resulted in adverse findings against applicant, with minor sanctions being applied – respondent initially took the view it would not offer applicant an extension to his contract however it changed its mind – respondent offered three-month extension – applicant declined to accept offer – suspicious of respondent’s motives in change of mind and also desired a greater extension – Commission held that applicant’s contract of employment expired through effluxion of time – application without jurisdiction – application dismissed. Mayor v Australian Government Department of Human Services t/a Australian Government Department of Human Services
September 20, 2016
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant employed as carer in nursing home – dismissed for gross misconduct – accused by co-worker of slapping nursing home resident on the mouth – applicant denied event occurred – delay in reporting by co-worker – resident not physically able to give evidence – no physical evidence of alleged event detected – respondent paid the applicant five weeks’ notice on account of good record and long service – details of applicant’s oral evidence varied from her application – application prepared by others – Commission noted competing evidence of the event presented – on balance Commission unable to conclude the alleged conduct had occurred – found dismissal unfair – reinstatement not appropriate – considered notice paid and remuneration earned since termination – ordered compensation of $16,020.27 before tax. Shawl v Anglican Retirement Villages (ARV) t/a Anglican Retirement Villages – Donald Coburn Centre
