Transfer of business – enterprise agreement – s.318 Fair Work Act 2009 – application for an order for that Medibank Health Solutions Enterprise Agreement 2012 (the Medibank agreement) not cover applicant or transferring employees – further application that the two applicant agreements (the SHP agreements) cover transferring employees – considered requirements in s.318 of FW Act – factors weighing in favour included the view of employees (slightly), the little business synergy between agreements and the public interest (slightly) – factors weighing against include the nominal expiry date of the Medibank agreement, lack of negative impact on productivity of workplace and that the company would not incur significant economic disadvantage – on balance, discretion not exercised – application dismissed. Sonic HealthPlus P/L t/a Sonic Health Plus
October 6, 2015
Enterprise agreements – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – respondent indicated employee’s termination was to be made without payment of redundancy pay – dispute between parties over entitlement – submitted by respondent that redundancy pay not payable as termination occurred in the ‘ordinary and customary turnover of labour’ defined in the Western NSW Medicare Local Enterprise Agreement 2013 – applicant disputed this – disagreement as to whether the circumstances of termination applied to the relevant clause in agreement – applicant submitted loss of funding not comparable to a loss of contract in the ordinary course of the respondent’s business – loss of funding the agreed reason for employee’s termination – agreement explicitly stated redundancy pay not payable to employees who cease employment ‘because funding ends’ – way in which a loss of funding occurs not held to be a relevant factor – definition of agreement clause not found to be inconsistent with the FW Act or exclude a provision of the NES – Commission satisfied respondent employer not legally obligated to pay redundancy payments. Bennetts v Western NSW Medicare Local Ltd
October 6, 2015
The trade union royal commission’s top lawyer has refused to recommend criminal charges be pursued against disgraced union leader Kathy Jackson, citing an ongoing police investigation into her alleged criminal conduct. The Labor Party slammed the decision, asserting the commissioner had previously recommended criminal charges be pursued when persons of interest to the commission were being investigated by the police.
October 6, 2015
The Tanunda Lutheran Home Inc Nursing Staff & ANMF Enterprise Agreement 2015 has been approved by Fair Work Commissioner Hampton in Adelaide.
October 6, 2015
Kathy Jackson and fellow former senior Health Service Union figures are “personally responsible” for misappropriating more than $2.4 million of members’ funds, say the senior barristers assisting the trade union royal commission.
October 6, 2015
The Mercy Community Services Inc Aged Care Services Enterprise Agreement 2015 has been signed off by Fair Work Commisioner Roe in Melbourne.
October 6, 2015
James Handscomb made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 against NSW Health T/A Broken Hill Hospital (Far West Region), but Fair work has now ruled that Handscomb did not complete the required minimum employment period and his application had no reasonable prospects of success.
October 6, 2015
The Southern Cross Care (WA) Inc Home Care and Respite Services Bargaining Agreement 2015 now has the stamped imprimatur of Fair Work Commissioner Lee.
