A s.185 (Enterprise agreement) by Emmy Monash Aged Care Inc T/A Emmy Monash Aged Care for its Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2017 has had a typographical error in the title corrected by the Fair Work Commission.
November 16, 2017
The Department of Health and Human Services is facing a s.372 (Application to deal with other contravention disputes) before Deputy President Hamilton in Court 2 in Melbourne at 1.30pm (Ottrey).
November 16, 2017
Peninsula Village Limited & Evergreen Life Care Limited and Others have a (s.576(2)(aa) – Promoting cooperative and productive workplace relations and preventing disputes) before Deputy President Booth at Evergreen Life Care 22-32 Yallambee Ave West Gosford NSW 2250 today.
November 16, 2017
Jane Halton has been announced as the new COTA Independent Chair.
November 16, 2017
A s.365 (General protections) application by Tracey Phillips against The Salvation Army (QLD) Property Trust atf The Social Work T/A The Salvation Army has been dismissed by Deputy President Asbury in Brisbane.
November 16, 2017
CASE PROCEDURES – stay order – s.604 Fair Work Act 2009 – appeal – at first instance Commission found respondent was unfairly dismissed and ordered to pay compensation – appellant sought a stay order to pay compensation within 28 days – dispute concerned identity of employer – Commission found appellant was employer – Commission must be satisfied that party has arguable case or some prospect of success in order to issue a stay – grounds of appeal included that Commission had no jurisdiction as appellant did not employ respondent – Commission excluded appellant from hearing while respondent gave evidence in chief about employer – on appeal Commission satisfied first appellant had arguable case and was denied natural justice at first hearing – first appellant not provided with opportunity to cross-examine respondent at hearing – offered opportunity to cross-examine at second hearing – satisfied arguable case of denial of natural justice that permission of appeal may be granted – not satisfied balance of convenience favours granting a stay – no evidence given at hearing that payment of amount of monies would have any impact on business or financial status of business – decision to stay involves consideration of both limbs of test – arguable case denial of natural justice but also that any denial overcome by opportunity to cross-examine at second hearing – not satisfied stay warranted – application for stay dismissed. Appeal by Steric Solutions P/L and Anor against decision and order of Johns C of 29 September 2017 [[2017] FWC 5068] Re: Trialonas
November 16, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a theatre nurse – dismissed for serious misconduct for refusing to comply with a lawful and reasonable direction, inability to perform inherent requirements of job, for using inappropriate language in a conversion with HR, and for subsequently lying about the use of inappropriate language – Commission held direction given and maintained was not reasonable, and therefore refusal by applicant to comply with direction not a valid reason for dismissal – Commission not satisfied applicant unfit or unable to perform inherent requirements of role – satisfied applicant’s use of inappropriate language occurred and that it was conduct serious enough to provide a valid reason for dismissal – further satisfied that dishonest denial of the use of inappropriate language also provided a valid reason for dismissal – Commission not satisfied dismissal a disproportionate response to applicant’s conduct – dismissal not unfair – application dismissed. Naicker v Epworth Foundation
November 16, 2017
GENERAL PROTECTIONS – amendment of application – ss.365, 586 Fair Work Act 2009 – applicant’s employment was terminated while on worker’s compensation – prepared Form F2 application for unfair dismal, but ultimately lodged Form F8A general protections application – applicant was unaware of the legal difference between the claims – during conciliation, issue arose regarding the nature of applicant’s claim – applicant applied to amend application under s.586 of FW Act on the basis of honest mistake – Commission cannot substitute application that fundamentally changes the original claim – Ioannou and Hambridge considered – Commission considered applicant’s intention and substance of claim – satisfied that applicant sought relief on the basis of being terminated while on worker’s compensation – application under s.586 dismissed – applicant required to withdraw original claim and file for unfair dismissal outside 21 day time limit. Longbottom v Oolong Aboriginal Corporation
