NEWS-HR

A s.394 – (Unfair dismissal) application from Eileen Quinlivan against Monash House Private Hospital Pty Ltd T/A Monash House Private Hospital has been turned down by Fair Work Commissioner Yilmaz in Melbourne on 14 December 2020. “I am not satisfied that Ms Quinlivan has established that she was covered by the Agreement or the Nurses Award 2010 at the date of her dismissal. I have concluded that she was not covered by either industrial instrument. As Ms Quinlivan was not a person covered by a modern award or an enterprise agreement at the relevant time, and as her rate of earnings exceeded the high income threshold, she was not a person protected from unfair dismissal. The application is therefore dismissed. An order to this effect is issued in conjunction with the publication of this decision.”

A s.604 (appeal of decision) by Rebecca Fitzgerald against TLB Assistance Pty Ltd has been granted by Deputy President Gostencnik, Deputy President Cross and Commissioner Lee in Melbourne on 16 December 2020. “We heard the application for permission to appeal and the appeal on 3 December 2020. At the conclusion of the hearing the parties conferred and later that day concluded a settlement, a term of which would result in TLB Assistance Pty Ltd consenting to an order being made to the effect that permission to appeal be granted, the appeal be upheld and the decision appealed against quashed. Written terms giving effect to the settlement have since been executed.”

A s.185 (application for approval of a single-enterprise agreement) from Mater Misericordiae Limited T/A Mater Group for the Mater Health Practitioner’s Enterprise Agreement 2019-2021 has been affirmed by Fair Work Commissioner Booth in Brisbane on 15 December 2020.

Cheltenham Manor Pty Ltd is still attempting to deal with a s.394 – (Application for unfair dismissal remedy) before Commissioner Yilmaz (By Microsoft Teams) in Melbourne (Kuru).

Australian Unity Limited is set to defend a s.394 – (Application for unfair dismissal remedy) before Commissioner Johns (By Telephone) in Sydney (Wijetunge De Mel).

The Salvation Army (TSA) ((Victoria) Property Trust as Trustee for the Salvation Army (VIC)) Social Work is facing a s.372 – (Application to deal with other contravention disputes) before Commissioner Lee (By Telephone) in Melbourne (Smith).

A s.185 – (Enterprise agreement) application from The Trustee for Delmont Hospital Unit Trust for the Delmont Private Hospital, Health and Allied Employees and Administrative Officers Enterprise Agreement 2020 has been ratified by Fair Work Commissioner Wilson in Melbourne on 07 December 2020.

A s.185 – (Enterprise agreement) application from Buchan Bush Nursing Association Inc. for the Buchan Bush Nursing Association Inc. Nurses Enterprise Agreement 2020 has been granted by Fair Work Commissioner Yilmaz in Melbourne on 08 December 2020.