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
July 13, 2018
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
July 13, 2018
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.
July 13, 2018
Six people including a child have been hurt after a car crashed into an ambulance carrying a patient in Dianella.
July 13, 2018
Lake Macquarie police have charged a man, 83, with indecent assault after an alleged attack at a Charlestown aged care facility. Police said a man told staff at the facility at about 8.30am on Friday May 11 that he was waiting for a woman, 94, to finish her breakfast. An hour later a staff member entered the woman’s room and saw the man allegedly indecently assaulting her. “The man followed the staff member out of the room, he questioned her before returning to the woman’s room,” police said in a statement. “He was not seen again by staff.” Lake Macquarie police began an investigation. About 3.30pm on Tuesday they arrested an 83-year-old man. He was charged with indecent assault and granted conditional bail to face Newcastle Local Court on August 9.
July 13, 2018
Darren Simmons has been chief executive at the Shire of Irwin for eight years. He resigned on Friday for personal health reasons.
July 13, 2018
The family of the woman killed by a truck driver did not just forgive him, they had lunch with him after his court appearance. Alfred Price, after all, held Margaret Elizabeth Stewart’s hand as she lay dying on a Hamilton road. Price was momentarily distracted as he drove his truck-and-trailer unit along Ruakura Rd looking for an entrance to the Mitre 10. He didn’t see the red light at the pedestrian crossing and he didn’t see 91-year-old Stewart, edging along with her mobility walker. By the time he realised the light was red, it was too late and Stewart lay under his truck. Price was sentenced at the Hamilton District Court on Thursday after admitting a charge of careless driving causing death. Community magistrate Kathy Wilson ordered Price to pay $5000 reparation to the family. Wilson also accepted an application made by Price’s lawyer, Murray McKechnie, to allow Price to keep his licence, as driving is his livelihood.
July 12, 2018
An application for approval of the Hobart District Nursing Inc Non-Nursing Agreement 2017 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Fair Work Commissioner McKinnon in Hearing Room 8, First Floor in Hobart today.
