The New South Wales Nurses and Midwives’ Association and Kennedy Health Care Group are embroiled in a s.739 (Application to deal with a dispute) hearing in Sydney.
May 31, 2016
The New South Wales Nurses and Midwives’ Association and Bupa Care Services Pty Limited are in a s.739 (Application to deal with a dispute) hearing before Fair Work Commissioner Johns.
May 30, 2016
TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis that it was a small business and applicant had not completed the requisite minimum employment period – respondent asserted the Small Business Fair Dismissal Code applied – respondent also objected on basis that dismissal was a genuine redundancy – Commission determined in prior decision that respondent could not properly be described as a small business and applicant had completed the minimum employment period [[2016] FWC 1522] – held that employment terminated because respondent concluded the position was financially unsustainable – not satisfied applicant was replaced with another person undertaking the same duties – satisfied that the financial difficulties confronting the respondent were explained to applicant in staff meetings – concluded that as respondent is a relatively small business there was limited capacity for redeployment, however evidence confirmed redeployment was investigated – Selvachandran applied – Commission concluded that the reasons for termination were not related to capacity or conduct – held that decision to make applicant redundant was a sound, defensible and well-founded reason – found respondent’s failure to give applicant advance notice of the extent to which her position was in jeopardy was of significance – found dismissal harsh, unjust or unreasonable notwithstanding that it occurred for a sound and defensible reason – reinstatement not an appropriate remedy – applicant awarded compensation of one week’s pay plus superannuation. Horlor v The Symon Trust t/a Kensington Park Medical Practice
May 30, 2016
TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed on three year contract as Community Education Officer – applicant submitted dismissal unfair rather than redundancy – applicant submitted that former job and work continued as new staff employed by respondent – applicant further submitted no consultation process concerning restructure and position created within restructure was to his disadvantage – respondent submitted that applicant’s employment genuine redundancy which resulted in abolishment of applicant’s position – further submitted that had met consultation requirements and there was no position in which applicant could be redeployed – Commission considered whether dismissal a case of genuine redundancy – found respondent no longer required applicant’s Level 6 position to be performed by anyone because of operational requirements of enterprise – found respondent gave notice to applicant in correspondence proposing and inviting comment – found respondent provided written information described in consultation clause of award – given size of enterprise, no redeployment options upon restructure – Commission found applicant’s dismissal genuine redundancy – application dismissed. Millar v Council on the Ageing WA Inc t/a COTA (WA) Inc
May 30, 2016
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant terminated following investigation into declining performance – investigation indicated that applicant had been using company email address to obtain discounts for personal benefit from respondent’s suppliers – amongst other things, investigation also determined applicant had been engaging employees of the respondent to perform work for him of a personal nature during ordinary hours – whether applicant’s dismissal was harsh, unjust or unreasonable – Commission held applicant’s behaviour was deliberate and that it was not unreasonable for respondent to treat conduct as inconsistent with continuation of employment – dismissal not harsh, unjust or unreasonable – application dismissed. Gardiner v Next Residential P/L t/a Next Residential
May 30, 2016
REGISTERED ORGANISATIONS – registration – s.18A Fair Work (Registered Organisations) Act 2009 – application for registration by an association of employers – objections lodged by Health Services Union – objections resolved by amendments to constitution – draft rules contained aspects which were not in accordance with RO Act – applicant rectified errors – Commission satisfied that applicant was a federally registrable association of employers – considered elements in s.19(1) and found that application for registration is required to be approved – registration to take effect 14 days from date of decision. The Health Services Association of New South Wales
May 27, 2016
An application for approval of the GP Care Staff Enterprise Agreement 2015 (s.185 – Application for approval of a single-enterprise agreement) is being analysed by Commissioner Lee.
May 27, 2016
An application by Australian Nursing and Midwifery Federation (s.437 – Application for a protected action ballot order) is before Commissioner Bissett in Melbourne.
