NEWS-HR

TERMINATION OF EMPLOYMENT – high income threshold – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – jurisdictional objection – respondent claimed applicant exceeded high income threshold – applicant conceded salary did exceed high income threshold but claimed he was covered by the Commercial Sales Award 2010 – Commission took into consideration ‘principle purpose test’ from Carpenter in determining that applicant was principally employed in a managerial capacity and therefore was not covered by the award when employed by the respondent – Commission determined applicant to be a person not protected from unfair dismissal – jurisdictional objection upheld – application dismissed. Graham v Globus Medical Australia P/L

Northside Community Services is facing a s.739 (Application to deal with a dispute) instigated by a staffer (Chandler).

An application by Capital Health Network Ltd (s.225 – Application for termination of an enterprise agreement after its nominal expiry date) will be heard by Fair Work Commissioner Johns in his Sydney chambers today.

An application for approval of the Oakwood Aged Care Nurses Enterprise Agreement 2015 (s.185 – Application for approval of a single-enterprise agreement) will be reviewed by Fair Work Commissioner Roe.

A former Victorian nurse has sobbed in the dock as she was convicted of fatally hitting a cyclist and fleeing the scene. Stephanie Maher, 33, was seen drifting on the Nepean Highway before her car struck Julian Paul, 54, on November 26, 2013. Mr Paul had been cycling home to Brighton East after working in the city, when Maher struck him a few hours after going out to dinner with her young son. The engineer died about three weeks later after his life support was turned off. At her trial, Maher’s barrister Leighton Gwynn said his client accepted she was driving when her car struck Mr Paul, but denied knowing that a person had been hit. She told police she thought a rock had flicked up and hit her car, the trial heard. But a County Court jury on Tuesday found Maher guilty of culpable driving causing death, failing to stop and failing to render assistance. Maher sobbed in the dock with her head in her hands before being remanded in custody until a plea hearing on June 21.

About 13,000 nurses, midwives and health workers have signed a petition to protect penalty rates for Australian workers. Queensland Nurses Union (QNU) secretary Beth Mohle has delivered the petition to local Labor MP Terri Butler outside Princess Alexandra Hospital. The Fair Work Commission is reviewing retail and hospitality penalty rates, with a finding set to be handed down in August or September. The QNU petition is latest in a series of protests by health workers around the country.

An application for approval of the Geographe Bay Community Enterprise Limited Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be heard by Fair Work Commissioner Roe in his Melbourne chambers today.

Menpara Health Care Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) lodged by ex-staff member Sara.