An application for termination of the VitalCall Emergency Response Operator Collective Agreement 2015-2018 (s.225 – Application for termination of an enterprise agreement after its nominal expiry date) will be determined by Senior Deputy President Hamberger in his Sydney chambers today.
October 5, 2018
A s.185 (Enterprise agreement) from Churches of Christ Community Care in NSW T/A Fresh Hope Care for its Fresh Hope Care Home Care Enterprise Agreement 2017 has been granted by Fair Work Commissioner Saunders in Newcastle on 3 October 2018.
October 5, 2018
TERMINATION OF EMPLOYMENT – performance – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – whether Small Business Fair Dismissal Code (Code) applies – applicant claimed she was subject to discrimination by her employer after she announced her pregnancy – applicant notified of dismissal through WhatsApp message – dismissal consistent with Code – Commission found no valid reason for dismissal – found dismissal harsh and disproportionate to alleged problems experienced by the respondent – applicant wasn’t made aware of her perceived failings – application upheld – ordered compensation of $2,641, less taxation.Das v Complete Care Physio Health Group t/a Complete Care
October 5, 2018
CASE PROCEDURES – correction of error – s.602 Fair Work Act 2009 – Full Bench – application to ‘correct obvious errors’ in Full Bench appeal decision [[2018] FWCFB 4362] – applicant submitted there were numerous ‘errors’ of fact and law in the Decision – applicant sought to exclude the respondent on the basis it had no right to be heard in relation to the application – request denied as the respondent’s substantive rights were affected by the Decision which the applicant sought to correct and due procedural fairness obligations – Full Bench held the power under s.602 of the FW Act is limited – does not empower the Commission to reopen or reconsider the correctness of a decision made – if the applicant is dissatisfied with the result of the Full Bench appeal decision the proper course is to apply for Judicial Review – application dismissed.Grabovsky v United Protestant Association of NSW Ltd t/a UPA
October 4, 2018
Nepean Hospital is in lockdown after a patient has been shot this afternoon. Police have surrounded the hospital in Sydney’s west after reports that the patient was shot by police after brandishing a knife. The emergency call for help came at about 4pm. The man was shot in the abdomen after making threats. The hospital’s security measures came under review just two years ago when police dog squad officer Luke Warburton was shot in an emergency room incident at the same hospital. He was shot in the leg with his own weapon while trying to control a man who was armed with scissors and threatening staff. A hospital security guard was shot in the calf.
October 4, 2018
Young Man’s Christian Association of Sydney has a s.394 (Application for unfair dismissal remedy) to answer. Deputy President Sams in Hearing Room 14-1 – Level 14 in Sydney will hear the matter (Gray).
October 4, 2018
The Association of Professional Engineers, Scientists and Managers Australia and Direct Chemist Outlet Elsternwick will debate a s.739 (Application to deal with a dispute) in front of Senior Deputy President Hamberger in Chambers today.
October 4, 2018
PhysioINQ has a s.394 (Application for unfair dismissal remedy) matter listed with Deputy President Bull in his Sydney chambers (HA).
