An application for approval of the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2015-2017 (s.185 – application for approval of a single-enterprise agreement) will be reviewed by Fair Work Commissioner Johns.
February 12, 2016
Enterprise bargaining – scope order – ss.228, 238 Fair Work Act 2009 – application for a scope order re HammondCare – Health Services Union supported and endorsed the ANMF application – HammondCare is a Christian charity which specialises in dementia care – operates three main business streams: residential care, home care and health and hospital care – HammondCare has historically operated in New South Wales – since 2014 HammondCare has had three residential care facilities at Caulfield Hospital in Melbourne – in December 2014 when HammondCare started employing staff in Victoria the employees were informed about their relevant modern award, and that HammondCare had agreed to apply above award conditions derived from the two New South Wales agreements – ANMF wrote to HammondCare to discuss decision not to commence bargaining for a new enterprise agreement – ANMF was advised that HammondCare did not yet wish to commence negotiations but would meet with the ANMF in July 2015 when both of the New South Wales agreements were scheduled for renegotiation – in June 2015 HammondCare wrote to the ANMF stating its intention to negotiate a national agreement covering employees in Victoria and New South Wales – ANMF made an application for a scope order as it was concerned that bargaining has not proceeded efficiently or fairly – whether ANMF has met, or was meeting, the good faith bargaining requirements – Cimeco considered – Commission satisfied that ANMF has met, and was meeting, those requirements – whether making an order will promote the fair and efficient conduct of bargaining – MFB considered – found bargaining would proceed more efficiently and fairly if an order was made, than it would if no order made – order would ensure that interests of Victorian employees were not subjugated by interests of New South Wales employees – New South Wales employees outnumber Victorian employees by five or six to one – Commission satisfied that proposed group of employees was fairly chosen – satisfied that reasonable in all the circumstances to make order sought – parties reached an impasse on issue of whether proposed agreement was a national agreement or a Victorian agreement – reasonable to make scope order. Australian Nursing and Midwifery Federation.
February 12, 2016
ACT Government as represented by the Health Directorate will today, once again, attempt to answer a s.739 (application to deal with a dispute) issued by a health bureaucrat (Burdack).
February 12, 2016
The employers of a protester who threw a sex toy at Economic Development Minister Steven Joyce will not say whether she will face disciplinary action. Josie Butler, a nurse at Hillmorton Hospital in Christchurch, was apprehended by police but not charged on Friday after she threw the dildo at Mr Joyce in protest at the Government’s signing of the Trans-Pacific Partnership. Canterbury District Health Board general manager of people and capability Michael Frampton said the DHB was not commenting on the issue.
February 12, 2016
Termination of employment – minimum employment period – ss.382, 384, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis applicant had not completed minimum employment period – applicant engaged initially as casual employee then full-time – for casual service to count towards the minimum employment period both limbs of s.384(2)(a) of FW Act must be satisfied – Commission considered the applicant’s casual contract of employment, roster, hours worked and whether any replacement shifts were worked during the period of casual service – satisfied casual service was on regular and systematic basis and the applicant had an expectation of continuing employment – held applicant’s casual service counted towards the period of employment – found applicant had completed at least the minimum period of employment – jurisdictional objection dismissed – application to be dealt with on its merits. Kamanda v House with No Steps.
February 12, 2016
Durri Aboriginal Corporation Medical Service is accused of unfairly dismissing a staff member (Blanch).
February 11, 2016
Nurse Josie Butler has leapt to international fame after flinging a sex toy in the face of NZ Economic Development Minister Steven Joyce at Waitangi. But her employer refuses to say if she will be disciplined. The nurse at Hillmorton Hospital in Christchurch claims to be “very concerned” about the effects of the TPP on her patients.
February 11, 2016
A nurse has launched a multimillion-dollar lawsuit against a northern suburbs aged care home in Adelaide, claiming it failed to protect her from being bullied by one of its elderly residents.
