An application for approval of the St John of God Health Care (Vic Hospitals) Health Professionals Enterprise Agreement 2015-2018 is being heard by Fair Work Deputy President Hamilton in Melbourne.
October 30, 2015
An elderly nursing home resident has allegedly been sexually assaulted by an employee of the care facility in Sydney’s south-west. The woman, in her 70s, was allegedly assaulted by a nursing assistant at the home at Padstow Heights on Sunday. Nursing home employees alerted police to the incident. A 47-year-old man was arrested at a home in Heckenberg about 3.30pm on Thursday. He was charged with aggravated sexual assault and refused bail. The nursing assistant is expected to appear at Liverpool Local Court today.
October 30, 2015
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.