The Fair Work Commission has ratified the application to terminate the UnitingCare Wesley Bowden Inc Nursing Employees ANF (Aged Care) Workplace Agreement 2007.
November 24, 2015
An application for approval of the Booroongen Djugun Aged Care Facility, NSWNMA and HSU East Enterprise Agreement 2014-2017 is before Fair Work Commissioner Cribb in Melbourne.
November 24, 2015
Case procedures – evidence – production of documents – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant sought production of documents in relation to investigation following complaint from patient that led to issue of letter warning to applicant – submitted documents relevant to determining whether complaint should have been upheld and warning issued – respondent submitted Commission should have regard to s.28(2) of Evidence (Miscellaneous Provisions) Act 1958 (Vic) (Evidence Act) and not order production because patient had not consented to medical records being disclosed – Commission did not consider it was bound by Evidence Act – Commission not a court and as such s.79 of the Judiciary Act 1903 did not have effect of making Evidence Act binding on Commission – Commission’s conduct of procedures could not be limited by state legislation – satisfied that documents sought had apparent relevant to matter in dispute – order issued subject to conditions that documents treated as confidential and not to be used for any purpose other than this proceeding – applicant to view documents under supervision but not permitted to make copies – documents may be redacted to de-identify patient. Sirdesai v Eastern Health
November 23, 2015
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commissioner held that clauses in the HACSU Department of Human Services Disability Services Enterprise Agreement 2012 – 2016 did not operate to limit Commission’s jurisdiction to deal with dispute notified by HSU – Department sought permission to appeal in the public interest – submitted in public interest because Commissioner’s construction of clause had effect of transforming a streamlined and certain discipline procedure into a protracted and uncertain process – alleged it would limit ability to carry out obligations for safety and welfare of disabled residents within its care – claimed Commissioner erred in conclusions – Full Bench not persuaded Commissioner erred at first instance – held Commissioner had to determine the provisions on their face value consistent with established principles – public interest not attracted in respect of decision – permission to appeal refused. Appeal by Department of Health and Human Services East Division against decision of Bissett C of 15 April 2015 [[2015] FWC 2463] Re: Health Services Union
November 23, 2015
TERMINATION OF EMPLOYMENT – contract for specified term – remedy – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – application for permission to appeal – grounds of appeal seek to challenge remedy aspect of decision – reinstatement inappropriate – quantification of compensation – exercise of discretion – Full Bench held no arguable case of appealable error – not in the public interest to grant permission to appeal – permission to appeal refused. Appeal by Majumdar against decision of Wilson C of 24 August 2015 [[2015] FWC 5667] Re: Peninsula Health t/a Frankston Hospital
November 23, 2015
An application for approval of the Regis Aged Care Registered Nurses, Enrolled Nurses and Assistants in Nursing, Queensland Agreement 2015 is under review by Fair Work Commissioner Simpson in Brisbane.
November 23, 2015
Healthcare Procurement Partners Pty Ltd & Healthcare Procurement Partners Ltd is involved in a s.365 (Application to deal with contraventions involving dismissal) issued by an ex-employee (Damms).
November 23, 2015
An application for approval of the Toowong Private Hospital – Administration Employees – Enterprise Agreement 2015-2016 is being determined by Fair Work Commissioner Simpson in Brisbane.
