RIGHT OF ENTRY – revocation of permit – ss.512, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision of Commission to revoke entry permits previously issued to Diana Asmar and Nick Katsis – Commission at first instance revoked permits on that basis that Asmar and Katsis had made false declarations and failed to complete requisite training – appellants appealed decision on the basis of five alleged legal errors – permission to appeal granted on the basis that the appeal raised novel and important issues – applicants submitted decision-maker had regard to irrelevant considerations, failed to consider fitness and propriety of Asmar and Katsis to hold permits, failed to take into account Asmar’s curriculum vitae, denied procedural fairness was denied and that a fair-minded lay observer might reasonably apprehend the decision-maker might not have brought an impartial mind to the matter – Commission not satisfied of any indication of bias or lack of procedural fairness – Commission satisfied that findings on fitness and propriety not required for revocation of permits – no legal error arose by not considering Asmar’s curriculum vitae – Commission not satisfied irrelevant material considered – decision also appealed on basis of three alleged factual errors – appellants submitted there was no proper basis on which to find that Asmar did not complete her own right of entry test, no basis on which to find that Katsis did not rely on ACTY data in order to support those findings – Commission not satisfied that alleged errors of fact made out – appeal dismissed. Appeal by Health Services Union – Victoria No. 1 Branch and Ors against decision of Watson VP of 26 June 2015 [[2015] FWC 3359] and order of 29 June 2015 [PR568839].
December 11, 2015
An application by United Voice & the Health Services Union has been made to vary a modern award to remove ambiguity or uncertainty and correct error. The s.160 matter is before Fair Work Deputy President Booth in Sydney.
December 11, 2015
MIMR – PHI Institute of Medical Research is facing a s.372 (Application to deal with other contravention disputes) lodged by a staff member (Pillay).
December 11, 2015
An application for approval of the MHA Care Enterprise Agreement 2015 – 2019 will be processed by Fair Work Commissioner Cribb in Melbourne.
December 11, 2015
John Wesley Cox has been unable to convince the NSW Workers Compensation Commission to order UnitingCare Ministries to pay for an injury allegedly sustained to his right knee when he slipped on carpet.
December 11, 2015
The Salvation Army has been unable to persuade the NSW Workers Compensation Commission to resile from its previous medical assessment of Christine Abbey.
December 10, 2015
The NSW Workers Compensation Commission has ordered Allity Management Services Pty Ltd to pay for all Cheryle Murphy’s surgical procedures. Cheryle Murphy was employed at the Coastal Waters Aged Care Facility at Worrowing Heights, NSW for several years. Allity took over the management of the facility in 2014. On 29 June 2014 Ms Murphy slipped on wet tiles in the kitchen and injured her right knee, hip, hand and shoulder. She also hit her head on the right side. Liability was initially accepted by Allity and Ms Murphy underwent surgery to her right knee. Her treating orthopaedic surgeon, Dr D Cossetto, also recommended surgery to her right shoulder. Allity’s insurer denied liability for that surgery. Dr Cossetto undertook right shoulder surgery on 8 December 2014 and Ms Murphy has subsequently returned to work with Allity. The issue between the parties is whether the shoulder surgery was reasonably necessary medical treatment as a result of the injury on 29 June 2014. The claim for medical expenses relating to the shoulder surgery was the subject of a previous decision by a CCommission arbitrator and an appeal. The previous decision turned on the relevance of a non-work related injury to Ms Murphy’s right shoulder as a result of a fall in a supermarket in mid-November 2014.
December 10, 2015
Quakers Hill Nursing Home murderer Roger Dean loses appeal against 11 life sentences.
