NEWS-HR

The Australian Nursing and Midwifery Federation and St Vincent’s Hospital (Melbourne) Limited have a s.739 (Application to deal with a dispute) to debate before Fair Work Deputy President Masson in Court 12 – Level 5 and Conference Room A – Level 5 in Melbourne.

Lifestyle Solutions and the Australian Municipal, Administrative, Clerical and Services Union have a s.576(2)(aa) (Promoting cooperative and productive workplace relations and preventing disputes) application listed for hearing by Fair Work Deputy President Booth in the ASU Offices Redfern in Sydney at 10am.

A s.185 (Enterprise agreement) application by Healthe Care Australia Pty Limited T/A Healthe Care for its Healthe Care (Westmead Rehabilitation Hospital, ShellHarbour Private Hospital, Hirondelle Private Hospital, Forster Private Hospital, The Hills Clinic, South Coast Private Hospital) Health Professionals and Support Services Enterprise Agreement 2017 has been ratified by Fair Work Commissioner Bissett in Melbourne on 17 April 2019.

A s.185 (Enterprise agreement) application by Brightwater Care Group Inc T/A Brightwater Care Group for its Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2018 has been ratified by Fair Work Deputy President Saunders in Newcastle on 17 April 2019.

Adelaide Community Healthcare Alliance Incorporated is set to defend a s.394 (Application for unfair dismissal remedy) lodged for hearing before Commissioner Hampton in chambers in Adelaide (Brown).

An application for approval of the St Vincent’s Care Services NSW Enterprise Agreement 2018-2020 (s.185 – Application for approval of a single-enterprise agreement) sits before Fair Work Commissioner Riordan in chambers in Sydney.

A s.120 (Redundancy pay) application by Uniting Care West (UCW) T/A Uniting Care West has been agreed by Fair Work Commissioner Williams in Perth on 17 April 2019. The ruling was based on an interpretation of sections 119/120 of the Fair Work Act 2009. Section 120 applies if an employee is entitled to be paid an amount of redundancy pay by the employer because of section 119 of the Act. Section 119 says an employee is entitled to be paid redundancy pay if the employee’s employment is terminated because the employer no longer requires the job done by the employee to be done by anyone. The application indicates that the employee in question has been transferred to employment at a lower grade and her employment was not terminated. Because the employee’s employment was not terminated there is no entitlement to redundancy pay under section 119 that could be varied by the Commission. Similarly, the redundancy pay entitlement contained in clause 3.11 “What happens if a position becomes redundant?” of the applicable Uniting Care West Employee Collective Agreement 2016 only applies if an employee is terminated. In these circumstances there was not any entitlement to redundancy pay and not any entitlement that the Commission has power to vary under section 120 of the Act.

A s.185 (Enterprise agreement) application by Uniting Church in Australia Property Trust (Q) T/A Wesley Mission Queensland for its Wesley Mission Queensland Allied Health and Community Services Stream Employees Enterprise Agreement 2018 has been approved by Fair Work Commissioner Platt in Adelaide on 16 April 2019.