An application for approval of the Just Better Care Central Coast Enterprise Agreement 2015 is being reviewed by Fair Work Deputy President Booth.
November 26, 2015
UnitingCare Wesley Adelaide Inc will face the Fair Work Full Bench today as a miscreant (Ha) tries to overturn a previous decision.
November 25, 2015
The Fair Work Commission has approved the Darebin Community Health Medical Practitioners Single Enterprise Agreement 2015-2018.
November 25, 2015
CPSU, the Community and Public Sector Union and the Department of Human Services are in a s.739 (application to deal with a dispute in relation to flexible working arrangements) arm wrestle before Fair Work Commissioner Bissett in Melbourne at 3pm today.
November 25, 2015
Enterprise bargaining – scope order – s.238 Fair Work Act 2009 – two applications for scope orders by bargaining representatives involved in negotiations for a proposed enterprise agreement for medical practitioners employed in the ACT public service – first applicant submitted that radiation oncologists should be excluded from coverage of agreement – first applicant submitted that there existed clear differences in operation and organisation, and a geographical distinction, of radiation oncologists and all other medical practitioners employed by the respondent – first applicant further submitted that he was meeting good faith bargaining requirements and that bargaining would be fairer and more efficient if the order was made – second applicant submitted that respondent had refused to address issues in her log of claims and that the question of scope had led to an impasse, thereby preventing the fair and efficient conduct of bargaining – second applicant submitted she was meeting good faith bargaining requirements – second applicant submitted that managerial responsibilities of SMPs were significant and that a separate agreement would recognise their seniority – respondent submitted that granting the scope orders would not result in a fairer or more efficient bargaining process than that currently underway – respondent disputed that radiation oncologists were organisationally of geographically distinct – respondent disputed that bargaining was deadlocked – Commission must be satisfied conditions of s.238(4) of FW Act met – Commission not satisfied that granting scope orders would make bargaining fairer or more efficient – applicants’ concerns about fairness of bargaining largely reflect dissatisfaction with the outcomes of the process – Commission also not satisfied that radiation oncologists or SMPs are geographically, operationally or organisationally distinct – Commission not satisfied that it was reasonable in all circumstances to make the orders – applications dismissed. Wilson and Anor v Australian Capital Territory as represented by ACT Health Directorate and Ors
November 25, 2015
Termination of employment – misconduct – reinstatement – s.394 Fair Work Act 2009 – applicant employed as security officer in hospital – dismissed for lodging complaint about a male colleague during ‘frisk’ search of patient – patient had been in a psychotic state and had required sedation – respondent alleged applicant’s complaint was knowingly false and intended to harass/victimise colleague, and for being untruthful during investigation – alternatively, dismissed for failing to immediately report incident – Commission found no valid reason for dismissal – no evidence of intention to harass or victimise – evidence that policies required a female to conduct search of female patient unless doing so would pose unnecessary risk – a second security guard who witnessed incident also considered conduct inappropriate – both raised issue with colleague implicated immediately and both thought further action appropriate – applicant was more senior and took responsibility for reporting allegation – reasons for unwillingness to file a police report explained and plausible – short delay in filing complaint explained – Commission unwilling to place much weight on external report given the number of factual differences in contrast with evidence – author of report unavailable for cross-examination – findings alleged by report cannot be simultaneously sustained – found applicant unfairly terminated from employment – reinstatement appropriate as not valid reason for termination existed, loss of trust and confidence alleged by respondent misguided – applicant continued to work with colleague implicated for almost 12 months after the incident up until dismissal – compensation for lost pay reduced given applicant made little attempt to mitigate losses – reinstatement with continuity of service together with an amount of eight weeks’ salary less tax ordered. Osmond v St Vincent’s Hospital Sydney t/a St Vincent’s Hospital
November 25, 2015
Nurses at the Shoalhaven Hospital claim they have been forced to deal with unsafe patient loads due to bed block.
November 25, 2015
Manly Vale Nursing Home Pty Ltd has been accused of unfairly dismissing a staff member (Clinton).
