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.
April 18, 2019
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.
April 18, 2019
A s.185 (Enterprise agreement) application by Women’s Health Victoria Inc for its Women’s Health Victoria Inc Enterprise Agreement 2018 (Social, community, home care and disability services) has been approved by Fair Work Deputy President Saunders in Sydney on 16 April 2019.
April 18, 2019
A s.185 (Enterprise agreement) application by Pinnacle HR Pty Ltd for its Star of the Sea Home For The Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018 has been granted by Fair Work Commissioner Lee in Sydney on 15 April 2019.
April 17, 2019
A s.185 (Enterprise agreement) application from Armest Pty Ltd T/A Miles Witt Partnership for the Good Shepherd Lodge Ltd – Nurses Enterprise Agreement 2018 has been approved by Fair Work Deputy President Masson in Melbourne on 16 April 2019.
April 17, 2019
A s.768BB (Application for an order about coverage for employee organisations under a state instrument) by CPSU (the Community and Public Sector Union) which is targeting Australian Unity Home Care Services Pty Ltd has persuaded Commissioner Johns in Sydney on 16 April 2019 to allow the CPSU to represent Australian Unity staff.
April 17, 2019
Japara will argue a s.739 (Application to deal with a dispute) matter this morning before Fair Work Commissioner Wilson in Court 9 – Level 5 in Melbourne (Sarmiento).
April 17, 2019
Commonwealth of Australia (represented by the Department of Human Services) is facing a s.365 (Application to deal with contraventions involving dismissal) before Fair Work Commissioner Yilmaz in his ACT chambers (Nickam).
