NEWS-HR

An application for approval of the Wyndham Clinic Nurses Enterprise Agreement 2015 will be decided by Fair Work Commissioner Roe.

The Health Services Union and the Department of Health and Human Services have a s.379 (Application to deal with a dispute) before Fair Work Vice President Catanzariti in Melbourne.

An application for approval of the Church of Jesus Christ of Latter-day Saints Australia Enterprise Agreement 2015 will be determined by Senior Deputy President Hamberger in Sydney.

An application by New South Wales Nurses and Midwives’ Association (s.512 – Application for a right of entry permit) will be determined by Fair Work Vice President Hatcher.

Community Accommodation and Respite Agency Inc no longer wants a staffer (Saler) “darkening its door”.

Anglicare SA Ltd has fired an employee (Melendez), and now finds itself having to justify its action in the Fair Work Commission today.

RIGHT OF ENTRY – revocation of permit – ss.512, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision of Commission to revoke entry permits previously issued to Diana Asmar and Nick Katsis – Commission at first instance revoked permits on that basis that Asmar and Katsis had made false declarations and failed to complete requisite training – appellants appealed decision on the basis of five alleged legal errors – permission to appeal granted on the basis that the appeal raised novel and important issues – applicants submitted decision-maker had regard to irrelevant considerations, failed to consider fitness and propriety of Asmar and Katsis to hold permits, failed to take into account Asmar’s curriculum vitae, denied procedural fairness was denied and that a fair-minded lay observer might reasonably apprehend the decision-maker might not have brought an impartial mind to the matter – Commission not satisfied of any indication of bias or lack of procedural fairness – Commission satisfied that findings on fitness and propriety not required for revocation of permits – no legal error arose by not considering Asmar’s curriculum vitae – Commission not satisfied irrelevant material considered – decision also appealed on basis of three alleged factual errors – appellants submitted there was no proper basis on which to find that Asmar did not complete her own right of entry test, no basis on which to find that Katsis did not rely on ACTY data in order to support those findings – Commission not satisfied that alleged errors of fact made out – appeal dismissed. Appeal by Health Services Union – Victoria No. 1 Branch and Ors against decision of Watson VP of 26 June 2015 [[2015] FWC 3359] and order of 29 June 2015 [PR568839].

An application by United Voice & the Health Services Union has been made to vary a modern award to remove ambiguity or uncertainty and correct error. The s.160 matter is before Fair Work Deputy President Booth in Sydney.