Kirinari Community Services is facing a s.372 (application to deal with other contravention disputes) instigated by a staff member (Kurrle).
July 7, 2016
The Australian Municipal, Administrative, Clerical and Services Union and Prahran Mission are shadow boxing a s.739 (application to deal with a dispute) before Commissioner Harper-Greenwell.
July 7, 2016
An application for approval of the Victorian Community Health Sector (General Dentists) Latrobe Community Health Service Enterprise Agreement 2014-2017 (s.185 – application for approval of a single-enterprise agreement) will be determined by Fair Work Commissioner Roe in his Melbourne chambers.
July 7, 2016
ENTERPRISE BARGAINING – protected action ballot – s.437 Fair Work Act 2009 – application for protected action ballot order relating to certain employees of Nillumbik Shire Council (Council) – ANMF sought approval for members to be balloted on whether they would undertake stoppages of up to five minutes in order to refer clients and/or their families to ANMF campaign material – ANFM submitted FW Act required nature of proposed industrial action to be included in application for ballot order – ANMF submitted that the activities undertaken during the stoppage would not change the nature of the action or alter its character such that it would not be industrial action – Council objected to part of the question on grounds that it is not industrial action as defined by the FW Act – Council submitted that the stoppage would constitute industrial action but that by ‘loading’ the question with the specified activities the ANMF ‘infected’ the question with activities that are not industrial action – Commission satisfied that defining the activity to be taken during the stoppage does not alter the nature of the action – Ambulance Victoria and UFU distinguished – All Hallow’s distinguished – actions put in question are co-dependent – unless campaign material is distributed, any such stoppage will not be industrial action authorised by the ballot, and without the stoppage the material cannot be distributed – protected action ballot made in manner proposed by ANMF. Australian Nursing and Midwifery Federation v Nillumbik Shire Council
July 7, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal filed outside 21 day time limit – respondent took over the business of providing practice management services to an existing medical centre – applicant employed by previous practice management service provider and was offered employment with respondent – applicant signed offer of employment on 15 January 2016 and commenced work 1 February 2016 – applicant’s last day of work was Friday 18 March 2016 – was told by practice manager that she was not required for work in the following roster period – respondent did not tell applicant she had been dismissed – after the following roster period the respondent asked the applicant to return her keys and uniform – applicant filed her unfair dismissal application on 20 April 2016 – whether applicant’s unfair dismissal application was filed out of time depended on whether she was dismissed, and when dismissal took place – Commission found that in the fortnight roster period immediately following Friday 18 March 2016 the applicant was employed by the respondent but was not rostered to work any hours – after this fortnight the applicant was dismissed – Commission held that dismissal could not have occurred any earlier than 1 April 2016 – applicant filed her unfair dismissal application on 20 April 2016 which is within 21 days after the dismissal took effect – application not out of time – application subject to further proceedings as directed by Commission. Renda v Eastbrooke Medical Centres
July 7, 2016
Kylie Foley has lost her unfair dismissal claim against Woolgoolga and District Retirement Village Ltd because she ‘forgot’ to lodge her application fee.
July 7, 2016
Ms Diane Shepherd has failed to persuade Fair Work Commissioner Platt to giver her more time to pursue Eldercare Inc for unfair dismissal.
July 7, 2016
Simione Cagilaba has failed to get his unfair dismissal claim against Sandy Boyd Agred Care Hostel ((operated by Palm Island Aboriginal Shire Council) T/A Sandy Boyd Aged Care Hospital) heard on the grounds that employees who are not employed by a national system are not employed by a national system employer are ineligible to make an application for unfair dismissal remedy.
