NEWS-HR

Inova Pharmaceuticals will defend a s.365 (Application to deal with contraventions involving dismissal) before Deputy President Asbury in Brisbane chambers (Richardson).

Tenterfield Care Centre Limited is involved in a s.604 (Appeal of decisions) before the Fair Work Commission Full Bench in Hearing Room 15-1 – Level 15 in Sydney (Wait).

Dial a Doctor Group Pty Ltd is facing a s.372 (Application to deal with other contravention disputes) in front of Fair Work Commissioner Booth in his Brisbane chambers (Maguire).

Haematology and Oncology Clinics of Australia Research Centre Limited has a s.372 (Application to deal with other contravention disputes) with which it must contend before Commissioner Booth in his Brisbane chambers at noon (Tyrrell).

Townsville Aboriginal & Islander Health Service is facing a s.394 (Application for unfair dismissal remedy) before Commissioner Spencer in Townsville Supreme, District and Magistrates Court Complex 31 Walker Street Townsville (Hussey).

ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – consultation – s.739 Fair Work Act 2009 – alleged disputes under the Aged Care Services Australia Group P/L, ANMF and HWU (Victoria) Enterprise Agreement 2017 – disputes relate to an allegation that Japara had failed to properly consult with employees regarding the introduction of roster and staffing changes at its Central Park and Goonawarra facilities – interim orders sought by the ANMF would prevent the implementation of the new rosters and would require Japara to consult with the ANMF – Japara argued that there had been no attempt by the ANMF to resolve the matter in the way contemplated in the dispute resolution procedure – MC Labour Services considered – reference to the Commission is only possible at the point that ‘all agreed steps for resolving it have been taken’ and, that arbitration on the part of the Commission can only occur after endeavours by the Commission to resolve the dispute through mediation and/or conciliation have taken place – Commission satisfied that it does not have the requisite jurisdiction in relation to either alleged dispute – application for interim orders refused. Australian Nursing and Midwifery Federation v Japara Healthcare Limited t/a Japara Healthcare / Better, in every respect and Anor

TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant dismissed for serious misconduct – he messaged younger female colleague through social media – message was of an offensive and sexual nature – applicant claimed to have been drinking in a pub when message was sent – Commission found applicant to have breached respondent’s harassment and discrimination policy – considered age imbalance between applicant and colleague – dismissal not harsh, unjust or unreasonable – application dismissed. Bridgwater v Healthscope Operations P/L t/a Prince of Wales Private Hospital

An 87-year-old woman has been charged with dangerous driving causing death after her car hit an 86-year-old man on a mobility scooter in Melbourne’s northeast.