ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.185, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal following decision related to dispute under enterprise agreement – appellant submitted Deputy President erred in original decision – GlaxoSmithKline applied – decision under appeal discretionary in nature – appeal process is not intended to provide an avenue for an unsuccessful party to re-run their case – held the Deputy President’s decision not affected by appealable error – not in public interest to grant permission to appeal – permission to appeal refused. Appeal by Queensland Nurses’ Union of Employees against decision of Asbury DP of 23 June 2015 [[2015] FWC 1388] Re: Blue Care.
October 30, 2015
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant summarily dismissed after complaint of mistreatment of two residents at aged care facility made by co-worker – applicant denied allegations – complainant alleging mistreatment failed to attent hearing – whether alleged conduct took place to be determined on balance of evidence – required to have regard to seriousness of allegations – no direct evidence provided by respondent – applicant’s sworn evidence unchallenged – complainant evidence about incident hearsay – complainant unsigned police statement not given any weight – complainant not available for cross-examination – evidence could not be challenged – not satisfied on balance of probability alleged conduct occured – no valid reason for termination – applicant being afforded procedural fairness not sufficient to find termination fair – termination unjust because applicant not guilty of alleged misconduct – applicant not seeking reinstatement – $4522.48 compensation ordered. Raya v Aged Care Services Australia Group P/L t/a Elanora Aged Care.
October 30, 2015
Queensland Nurses’ Union of Employees and Queensland Health have their s.576(2)(aa) (promoting cooperative and productive workplace relations and preventing disputes) waltz before Fair Work Deputy President Booth in Sydney.
October 30, 2015
The Health Services Union and Spotless Services are once again embroiled in a s.739 (application to deal with a dispute) contretemps in Fair Work in Sydney.
October 29, 2015
The Fair Work Commission has ratified the St Giles Allied Health Enterprise Agreement 2014.
October 29, 2015
The Fair Work Commission has enacted the Royal Rehab Lifestyle Support Agreement 2015. The social, community, home care and disability services accord was dealt with by Deputy President Booth in Sydney.
October 29, 2015
Disturbing details have emerged about a disability carer blasting a man’s genitals with water at such high pressure during a bath that he screamed in distress. The worker was fired and police informed after colleagues reported the “distressing” incident in 2013, according to documents obtained from the Disability Services Commission under freedom of information laws.
October 29, 2015
The Fair Work Commission has rubber stamped the St Catherine’s Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2014.
