NEWS-HR

Life Without Barriers is facing a s.394 (Application for unfair dismissal remedy) filed in the Fair Work Commission by an ex-employee (Carrier).

Simvata says its Company Secretary and Chief Financial Officer, Tom Howitt, has resigned. The search for a replacement has commenced, and in the interim, Ms Peta Jurd, the Company’s Chief Commercial Officer, will oversee the finance and accounting functions of the Company.

Fair Work Commission vice-president Michael Lawler will no longer handle cases involving government employment, amid an ongoing federal government inquiry into his behaviour. The independent inquiry headed by retired Federal Court judge Peter Heerey QC could see Mr Lawler removed from office after he took more than nine months of sick leave while supporting his partner Kathy Jackson in legal battles against the Health Services Union. Changes to members appointed to hear cases in specific Fair Work panels — or industry sectors — are overseen by Fair Work president Iain Ross. After the ­retirement of several members this year, a number of panel changes have been made. Mr Lawler, who has a salary of $435,000, was originally blocked from any further dealings with the health industry in late 2008 after complaints to then president of the commission from senior health industry figures who had become aware of his relationship with Ms Jackson. The Fair Work panel reshuffle is academic for the time being insofar as Mr Lawler is concerned, as he has resumed sick leave. There has been no indication of when or if he will return to work.

The long-serving boss of a Borroloola-based Aboriginal corporation received more than $115,000 in overtime payments last financial year in ­addition to her salary, an ORIC audit has found. The Office of the Registrar of Indigenous Corporation audit also found Alison Doyle paid more than $47,000 in overtime payments to her daughter, who worked as the corporation’s HR manager until October this year. The payments to Ms Doyle and her daughter were the equivalent of 235 days and accounted for 93 per cent of all Mabunji Aboriginal Resources Indigenous Corporation’s Time Off In Lieu payments for the year to June 30, ORIC says.

RIGHT OF ENTRY – application for permit – s.512 Fair Work Act 2009 – application for an entry permit – application disclosed had gained access to premises without an entry permit on three occasions while under mistaken belief he had an entry permit – described each occasion as consensual entry – submitted further evidence the Association had written to each employer subject of his purported exercise of right of entry notifying them that applicant had not held an entry permit at the time and apologising for what occurred – Commission satisfied applicant’s conduct in purporting to exercise rights of entry without current entry permit not intentional but demonstrated lack of diligence – Commission not satisfied applicant fit and proper person to hold unconditional entry permit and imposed conditions – applicant must take steps to verify that he holds a current entry permit under the FW Act before he issues any entry notice under the FW Act – must have entry permit under the FW Act on his person at any time he exercises entry rights under the FW Act and must produce permit – conditions necessary to ensure no repetition of conduct disclosed – discretion exercised in favour of grant of entry permit with conditions. New South Wales Nurses and Midwives’ Association.

An application for approval of the Cooinda Aged Care and QNU – Nurses Enterprise Agreement 2015 has been submitted to the Fair Work Commission.

TERMINATION OF EMPLOYMENT – remedy – ss.394, 604 Fair Work Act 2009 – permission to appeal – Full Bench – decision relating to amount of compensation awarded – whether grounds of appeal attract public interest – whether arguable case of appealable error – appellant did not appear at hearing – appeal related to rate of pay used to calculate compensation – not persuaded appealable error or in public interest to grant permission to appeal – permission to appeal denied – application dismissed. Appeal by Obatoki against decision of Cribb C of 1 October 2015 [[2015] FWC 6805] Re: Mallee Tack Health & Community Services

An application for approval of the Southern Cross Care (WA) Inc Mental Health Services Bargaining Agreement 2015 is to be decided by Commissioner Johns in Sydney.