A s.185 (enterprise agreement) application by Fairview Care Limited for its Fairview Care Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 has succeeded before Fair Work Commissioner Saunders in Newcastle on 7 March 2018.
March 19, 2018
The Trustees of the Maronite Sisters of the Holy Family T/A The Maronite Sisters of the Holy Family Village have had The Maronite Sisters Village, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 application approved by Fair Work Commissioner Saunders in Newcastle on 7 March 2018.
March 19, 2018
A s.185 (enterprise agreement) application by Berrigan & District Aged Care Association Limited for the Berrigan & District Aged Care Association Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 has been agreed by Commissioner Saunders in Newcastle on 7 March 2018.
March 19, 2018
TERMINATION OF EMPLOYMENT – termination at initiative of employer – ss.394, 400, 604 Fair Work Act 2009 – Commission at first instance found that dismissal was harsh and unjust and ordered reinstatement – matter appealed by Bupa – Full Bench upheld appeal [[2017] FWCFB 3941] – referred application for rehearing on whether Ms Tavassoli was dismissed – termination of employment without overt dismissal – whether provided resignation was legally ineffective – attempt to withdraw resignation – emotional distress – Commission found resignation should not have been accepted in the circumstances – found applicant was dismissed on the employer’s initiative – file to be returned to Full Bench to determine what further Orders should be made. Appeal by Bupa Aged Care Australia P/L t/a Bupa Aged Care Mosman against decision of Riordan C of 18 July 2017 [[2017] FWC 3200] Re: Tavassoli
March 13, 2018
A man has been seriously injured after a trench collapsed on him at a northern beaches’ building site. The plumber was pinned in the trench from the chest down by rocks and soil at a retirement village development under construction in Booralie Rd, Terrey Hills.
March 13, 2018
Community Services Directorate ACT Government will defend a s.739 (Application to deal with a dispute) before Fair Work Deputy President Kovacic in his ACT chambers (Towns).
March 13, 2018
The Fair Work Commission has had to amend a mistake in nine enterprise agreements ratified in the pre-Christmas period. The amended copy of the wage table was intended to fix and error with the alignment of the rights of pay for the classifications relating to “Level 1-3 year degree Health Professionals”. Following approval of the Agreement, it came to the Commission’s attention that the amended copy of the wage table erroneously varied the date of operation of the rates of pay to the “14 September 2017” when it should read “First pay period on or after FWC EA Approval”. The nine entities affected are: Woolgoolga & District Retirement Village Ltd, Christian Brethren Community Services, Kanandah Retirement Limited, Uralba (Carcoar) Inc T/A Uralba Retirement Village, Feros Care, Cooinda Coonabarabran Limited, Illawarra Diggers Aged & Community Care Limited, Bushland Health Group Limited and Garden Village Port Macquarie.
March 13, 2018
TRANSFER OF BUSINESS – enterprise agreement – ss.314, 319 Fair Work Act 2009 – application by Australian Nursing and Midwifery Federation that old employer’s agreement cover non-transferring employees performing transferring work for new employer – non-transferring employees otherwise covered by new employer’s agreement – Commission distinguished case from CSIRO as virtually no employee would suffer disadvantage from coverage of old employer’s agreement – considered requirements in s.319(3) of FW Act – found making orders would have negative impact on productivity and negative economic disadvantage – not persuaded in public interest to grant application – application dismissed. Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016
