A s.185 (Enterprise agreement) application from Adelaide Primary Health Network Limited for the Adelaide Primary Health Network (Adelaide PHN) Enterprise Bargaining Agreement 2018 has been granted by Fair Work Commissioner Platt in Adelaide on 19 September 2018.
September 25, 2018
A teenager who kicked a paramedic during a night out in Surfers Paradise has walked from court ordered to pay $400 in compensation. Zoe Michelle Camilleri claimed the assault was after she a large amount of vodka which has “a bad reaction” to. Camilleri, 19, pleaded guilty in Southport Magistrates Court to one count of unlawfully assaulting a public officer who was performing their duties. Magistrate Mark Howden ordered Camilleri pay the paramedic $400 in compensation and placed her on a $600 good behaviour bond for 12 months. “This seems to be out of character for you,” he said. The court heard paramedics were trying to treat Camilleri who was drifting in and out of consciousness on Orchid Avenue, Surfers Paradise about 1.35am on July 21. One of the paramedics attempted to treat her and take her to hospital due to the large amount of alcohol consumed. That was when Camilleri struck, kicking a paramedic in the leg, causing him to fall backwards. The paramedic was not injured. Defence lawyer Joe Wicking, of Howden Saggers Lawyers, said Camilleri was incredibly remorseful for her actions and had written an apology letter to the paramedic. He said she had been drinking vodka at a party for a friend’s birthday. “She doesn’t drink very often and she had a negative reaction to the vodka,” Mr Wicking said. He said Camilleri did not have a recollection of the events. Camilleri works part-time as a waitress in Sanctuary Cove.
September 25, 2018
ENTERPRISE AGREEMENTS – workplace determination – ss.266, 424 Fair Work Act 2009 – Full Bench – industrial action related workplace determination – Specialist Diagnostic Services P/L t/a Dorevitch Pathology (Dorevitch) is currently covered by the Mayne Health Dorevitch Pathology Certified Agreement 2004 (2004 Agreement) – the nominal expiry date of the 2004 Agreement was 1 July 2007 – Dorevitch, the Health Services Union of Australia (HSU) and the Australian Nursing and Midwifery Federation (ANMF) have been engaged in periodic bargaining for a proposed replacement agreement – a period of bargaining which occurred in 2009-2010 but which did not result in any agreement being reached – a new round of bargaining commenced in 2016 and continued into 2017, during which employees of Dorevitch took protected industrial action – on 23 August 2017, the Minister for Industrial Relations for Victoria made an application under s.424 of the FW Act in relation to industrial action being engaged in by Dorevitch and the HWU – on 25 August 2017, the Commission made an interim order [PR595602] (Suspension Order) pursuant to s.424(4) to suspend the protected industrial action until further order of the Commission – on 4 September 2017, the Commission made an order pursuant to s.424(1) [PR595823] (Termination Order) to terminate the industrial action, on the basis that pathology services were a critical component of the delivery of health services and that the industrial action would threaten to endanger the life, personal safety, health or welfare of a part of the population through the limitation on the availability of pathology services [[2017] FWC 4610] – s.266(1) provides for the arbitration of outstanding bargaining issues through the making of a ‘workplace determination’ – the ‘post-industrial action negotiating period‘ defined in s.266(3) is a period of 21 days after the date the relevant termination of industrial action instrument was made – in this case, the post-industrial action negotiating period was extended by the Commission to 42 days, and ended on 16 October 2017 – at the end of the post-industrial action negotiation period on 16 October 2017, Dorevitch, the HSU and ANMF had not settled all of the matters that were at issue during bargaining for the agreement – accordingly, the Commission was required to make a workplace determination which resolved the outstanding issues in accordance with the provisions of the FW Act – the parties filed a number of draft workplace determinations setting out their respective positions on a wide range of issues which were the subject of dispute during bargaining – a large number of terms appearing in each party’s draft determination were agreed – a number of matters were not agreed – draft workplace determination to give effect decision of Full Bench provided to the parties – Dorevitch, the HSU and the ANMF are directed to confer and file any submissions on or before 24 September 2018 – Full Bench intend to make the final determination shortly thereafter. Specialist Diagnostic Services P/L t/a Dorevitch Pathology Workplace Determination
September 25, 2018
ENTERPRISE AGREEMENTS – approval – ss.185, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission approved the Clinpath Laboratories – Enterprise Agreement 2017 – appellant advanced three principal grounds of appeal: that, because various pre-approval requirements were not met, the Commission could not have been satisfied that the agreement was genuinely approved; that the Commission did not properly assess whether the Agreement passed the better off overall test (BOOT); and that the Commission did not exercise its powers and functions in a manner that was just and fair – the appellant submitted that the company had provided employees with misleading information about the content of the agreement and had not taken all reasonable steps to explain its terms to employees – an explanation of a significant element of these terms, namely the removal of the ‘2 year rule’, was made only on the afternoon before the vote opened – Full Bench held it cannot be said that the employer took all reasonable steps to ensure that the terms of the agreement and their effect were explained to employees – the Commission did not take these relevant matters into consideration – Full Bench found that the Commission’s decision to approve the agreement was affected by appealable error – permission to appeal granted – appeal upheld – decision at first instance quashed – not necessary to determine the second and third grounds of appeal. Appeal by Health Services Union against decision of Johns C of 8 June 2018 [[2018] FWCA 3391] Re: Clinpath Laboratories P/L and Ors
September 24, 2018
BUPA Aged Care has a s.372 (Application to deal with other contravention disputes) before Vice President Catanzariti in his Sydney chambers (Doroja).
September 24, 2018
Hills Limited has a s.394 (Application for unfair dismissal remedy) matter with which it must deal before Commissioner McKenna in Hearing Room 12-2 – Level 12 at noon in Sydney (Kulendran).
September 24, 2018
St Vincent’s Hospital Sydney Limited must face a s.372 (Application to deal with other contravention disputes) before Fair Work Vice President Catanzariti in his Sydney chambers (Harris).
September 24, 2018
The Health Services Union and Mercy Health are involved in a s.739 (Application to deal with a dispute) in front of Fair Work Commissioner Cribb in Conference Room E & F – Level 6 in Melbourne at 4.30pm
