An application by Australian Nursing and Midwifery Federation (s.437 – application for a protected action ballot order) is being considered by Commissioner Wilson.
July 28, 2016
An application for approval of the Baptistcare Residential Enterprise Agreement 2015 (s.185 – application for approval of a single-enterprise agreement) will be determined by Commissioner Lee in his Melbourne chambers today.
July 28, 2016
An application for approval of the Cabrini Health, Health Professionals Agreement 2016 (s.185 – application for approval of a single-enterprise agreement) is also with Commissioner Lee.
July 28, 2016
INDUSTRIAL DISPUTE – stand down – jurisdiction – ss.524, 526 Fair Work Act 2009 – application to deal with a dispute involving stand down – applicant employed as a childcare assistant – stood down on full pay following allegations of serious misconduct in April 2015 – applicant’s Working With Vulnerable People (WWVP) registration suspended and applicant suspended without pay in July 2015 via letter stating suspension in accordance with s.524(1) of FW Act – conditional WWVP registration later granted – application under s.526 lodged seeking orders including compensation for lost wages from July 2015 – respondent contended it erroneously referred to s.524(1) in letter and that it rather stood applicant down pursuant to an express contractual power, thus application could not be dealt with under s.526 – further submitted Commission did not have jurisdiction because applicant no longer employed by respondent – Commission found it had jurisdiction to deal with application as applicant employed by respondent at time application made [Ensign] – letter to applicant unambiguous in its reliance on s.524(1) – by purporting to suspend applicant under s.524(1), respondent enlivened Commission’s jurisdiction to deal with an application made in accordance with s.526 – Commission found that while no basis under s.524(1) or contract of employment for respondent to suspend applicant without pay, there may have been a basis relying on the implied term of ‘no work no pay’ for at least the duration of the suspension of WWVP registration [Watson] – Commission declined to make order for payment of lost wages as would involve enforcement of a past right, beyond its jurisdiction [Ensign] – declined to make order that respondent return applicant to position as accepted that respondent could not accommodate supervision condition attached to conditional WWVP registration. Isturiz-Moron v Northside Community Service Limited
July 28, 2016
TERMINATION OF EMPLOYMENT – application to dismiss by employer – deed of settlement – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant sought permission to appeal decision and order of Commission at first instance – application for unfair dismissal remedy – Commission dismissed appellant’s application on basis no reasonable prospects of success because settlement agreement reached between appellant and respondent – settlement agreement between parties determined to be kind described as ‘second class’ identified by the High Court – parties completely agreed on all terms of bargain and intended no departure from terms whether express or implied but had made performance of one or more terms conditional upon the execution of formal document [Masters v Cameron] – appellant contended did not settle application at conciliation – asserted email sent to Commission staff stating misunderstood terms and conditions of cooling off period which parties agreed to waive – replied to respondent’s correspondence attaching settlement agreement that was discussing matter with case manager – mattered remained in abeyance from March until August 2015 when appellant sought to have unfair dismissal matter listed for hearing – Full Bench found appellant failed to established error on part of Commission at first instance – open to Commission to find matter had been settled by agreement reached at conciliation – Commission correctly applied established approach determining whether agreement to settle matter and type of agreement reach – appeal found not to raise any issues of important and general application concerning determination of if, and when, settlement agreement reached [GlaxoSmithKline] – not satisfied public interest enlivened [Coal & Allied] – permission to appeal refused. Appeal by Ropciuc against decision and order of Wilson C of 4 May 2016 [[2016] FWC 1858], [PR579977] Re: Australian Red Cross
July 28, 2016
TERMINATION OF EMPLOYMENT – casual – minimum employment period – ss.22, 384, 394 Fair Work Act 2009 – applicant employed from 16 June 2014 to 10 March 2016 – respondent raised jurisdictional objection that applicant was a casual employee not employed on regular and systematic basis – minimum employment period six months as respondent not a small business – required to determine whether applicant employed on regular and systematic basis and had reasonable expectation of continuing employment on regular and systematic basis – applicant acknowledged casual status and on casual list – asserted regular engagement and reasonable expectation of continuing employment – respondent submitted applicant engaged on ad hoc basis and worked at different locations on sporadic range of days – Ponce and Yaraka Holding P/L considered – Commission satisfied applicant’s engagement was regular and systematic, despite hours and location of engagement – found applicant served requisite minimum employment period and continuous service extended to point of dismissal – jurisdictional objection dismissed – matter referred for further programming. Sukerti v The Salvation Army Western Australia Property Trust t/a Salvos Stores
July 28, 2016
The nurses’ union wants a licensing scheme introduced to prevent aged-care workers who are sacked for misconduct from getting jobs at other nursing homes. Residential aged-care staff are required to undergo police checks every three years and nobody who has served time in jail for violent offences such as assault is permitted to work in the sector. But industry leaders are concerned about the lack of a national register which records serious misconduct by aged care workers.
July 28, 2016
Bendigo disability employment service Radius has appointed a new chief executive officer. Alyson Miller, who will join the not-for-profit in September, brings with her experience in other regional health and wellbeing organisations. The former CEO of remote professional counselling service On the Line has also held down the top job at Pathways Mental Health and Wellbeing in Geelong, one of the first communities in Australia to receive the National Disability Insurance Scheme roll out.
