ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute – issue related to the operation of clauses regarding rosters and ‘Grey Days’ in the Royal Flying Doctor Service Central Operations Pilots Agreement 2014 [the agreement] – whether employer can change a rostered ‘Grey Day’ where an employee takes personal leave the preceding day – Australasian Meat Industry Employees Union v Golden Cockeral P/L applied – common objective intention determined from the terms of the instrument when read in context – Commission found employer can change a rostered ‘Grey Day’ in the circumstances although unsure what basis the employer had to change this to a personal leave day specifically – basis of employer’s decision not clear given the evidence, Commission not called upon to determine that issue – order not issued but liberty granted to parties to seek order. Field v Royal Flying Doctor Services of Australia Central Operations.
January 18, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for extension of time for lodgement of application – reasons for decision – application lodged 35 days late – reason for delay not exceptional – applicant did not take any action to dispute dismissal aside from filing application – no prejudice to employer – Commission not required to embark on a detailed consideration of the substantive case [Kornicki] – not satisfied there was exceptional circumstances – application for extension of time refused – jurisdictional objection upheld – application dismissed – order has been previously issued. Fleming v Superior Park P/L t/a Superior Park.
January 18, 2016
TERMINATION OF EMPLOYMENT – remedy – s.394 Fair Work Act 2009 – in initial decision Commission found applicant unfairly dismissed [[2015] FWC 8145] – ordered reinstatement and continuity of employment to be maintained – no order for restoration of lost pay – applicant made application regarding the issue of lost pay in response to liberty granted to parties in initial decision – applicant submitted that payment made on termination compensated him through until 17 November 2015 – not reinstated until 14 December 2015 – submitted order should be made that respondent pay applicant lost pay in the amount of $4203.06 – respondent did not dispute regarding the calculation of lost pay – orders corrected such that respondent ordered to pay $4203.06 as lost pay to applicant within 21 days of this supplementary decision. Payne v Lower North Shore Community Transport Inc T/A Lower North Shore Community Transport.
January 18, 2016
GENERAL PROTECTIONS – extension of time – ss.365, 366 fair Work Act 2009 – application to deal with contraventions involving dismissal – application lodged four days outside 21 day time period – Commission to determine whether exceptional circumstances exist before granting extension of time – applicant was delayed in making application due to effect of medication she was taking for her medical condition and having difficulty obtaining legal advice – application is some 160 page long – Commission determined delay in making application was mainly a consequence of preparing the lengthy application – no evidence the application disputed the dismissal – prejudice to employer a neutral factor – merits of application do not give weight to the existence of exceptional circumstances – Commission not satisfied exceptional circumstances exist to warrant granting an extension of time to file application – application dismissed. Downie v Naladra P/L t/a Park Road Medical & Cosmetics.
January 18, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – applicant contended his employment was terminated upon receipt of an email from respondent on 21 October 2015 – respondent contended it – applicant contends to never received text message – respondent representative provided a number of screenshots of text messages purportedly between the respondent and applicant between 16 July 2014 and 7 September 2015 and a witness statement – extract reveals a text message dated 15 July 2015 which purports to terminate applicant but this is prior to the meeting of 8 October 2015 – Commission found no evidence to support respondent contention that applicant’s employment was terminated by text message – unable to determine when the employment was terminated by respondent – satisfied applicant first became aware that his employment had terminated on 21 October 2015 – extension of time granted – matter to be relisted for conciliation. Janik v Calson P/L t/a Chapel of the Holy Family.
January 18, 2016
GENERAL PROTECTIONS – extension of time – s.365 Fair Work Act 2009 – application to deal with contraventions involving dismissal lodged four days out of time – applicant submitted she raised issues concerning under-payment of wages with Fair Work Ombudsman – assumed FWO would deal with issues covering dismissal – further relied on medical condition and delay in obtaining legal advice – Commission not satisfied of exceptional circumstances – application dismissed – order issued. Seckold v Kingscliff Family Medical Services P/L t/a Kingscliff Family Medical Services.
January 18, 2016
A man and woman have been charged with assaulting three staff members at the Royal Hobart Hospital. Police say the couple was trying to remove a patient from the first floor of the hospital against the advice of medical staff. Police allege the pair then turned on three hospital attendants before being restrained by staff. None of the attendants were seriously injured.
January 18, 2016
An application for approval of the Good Shepherd Lodge – Nurses Enterprise Agreement 2015 will be determined by Fair Work Commissioner Lee in Melbourne.
