An application by Lutheran Church of Australia South Australia and Northern Territory District Inc (s.217 – Application to vary an agreement to remove an ambiguity or uncertainty) will be heard by Commissioner Platt in his Adelaide chambers at 2pm.
November 1, 2017
She’s spent the past 44 years looking after those in crisis, now Uniting Wyndham chief executive Carol Muir is embracing her latest endeavour – retirement.
November 1, 2017
Glenview Community Services Inc is facing a s.394 (Application for unfair dismissal remedy) before Commissioner McKinnon in the Fair Work Commission 11 Exhibition Street in Melbourne at 3.30pm (Tanner).
October 31, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – consideration of whether valid reason for dismissal – respondent established over period of 10 months applicant exhibited confrontational behaviour that continued notwithstanding feedback, performance counselling and a warning – satisfied respondent made clear its requirements for resolving disagreements between colleagues – applicant’s personal relationship with supervisor did not permit or justify familiarity within workplace that extended to swearing or confrontational challenge regarding work allocation – evidence indicated supervisor maintained professionalism throughout incidents involving him – submission that lack of management action resulted in or caused disagreement lacked merit – actions of applicant in two incidents impacted on welfare of several colleagues – respondent entitled to set standards of behaviour and insist on adherence – satisfied applicant demonstrated conduct in a number of respects which collectively satisfied Commission that respondent had valid reason for dismissal – applicant notified of reasons for dismissal and given opportunity to respond – information arising from enquiry into new information in applicant’s response considered prior to final decision to terminate – applicant accompanied by support person at first meeting and did not request one at subsequent meeting – size of respondent’s business did not impact procedures followed in effecting dismissal – Commission satisfied investigation of three incidents involving applicant unaffected by bias – satisfied request to report unprofessional conduct as it arose did not constitute targeting by management in circumstances of this matter – considered applicant’s length of service, service ethos award and previous conduct record – unable to conclude dismissal harsh, unjust or unreasonable – satisfied dismissal not disproportionate to applicant’s conduct – applicant demonstrated inability to modify approach following feedback and counsel regarding behavioural expectations – application dismissed. Kanamkombil v St John of God Health Care Inc
October 31, 2017
TERMINATION OF EMPLOYMENT – incapacity – inherent requirements – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed on the basis of medical capacity – applicant diagnosed with multiple sclerosis just prior to commencing employment with respondent in April 2009 – respondent raised concerns regarding applicant’s capacity to perform inherent requirements of position in 2016 – applicant’s treating neurologist reported that applicant was safe to work around patients, however applicant’s capabilities were not assessed by an independent medical source – principles in Lion Dairy considered – Commission not satisfied that there was a clear finding by an appropriate medical practitioner that applicant cannot perform the inherent requirements of the job -satisfied that applicant’s performance issues were significant and respondent had a valid reason to terminate applicant’s employment based on capacity or conduct – considered whether dismissal was harsh, unjust or unreasonable – found respondent failed to provide warning to applicant regarding performance and failed to provide applicant with opportunity to respond to reasons for dismissal – found dismissal unfair – considered compensation in lieu of reinstatement appropriate remedy – found compensation of $4240 plus superannuation appropriate in all circumstances – liberty granted to seek variation order in the event of dispute about monetary value of notice payment upon compensation figure. Logan v Knoxfield Medical Centre P/L t/a Colchester Medical Centre
October 31, 2017
TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 390, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as parish secretary – applicant dismissed after respondent came to the view that he did not need a full-time parish secretary – whether genuine redundancy – Commission found the dismissal unjust as the respondent failed to fulfil his obligation to genuinely consult the applicant about the redundancy – whether to order a remedy in the case of unfair dismissal is discretionary [Nguyen] – reinstatement not an appropriate remedy as termination on the grounds of redundancy inevitable – outside of Commission’s powers to compensate for manner of dismissal – the finding of unjust dismissal was a measure of relief for applicant – Commission declined to exercise its discretion to order a remedy. Pritchard v Rev. Fr Victor Farrugia, St Augustine’s Catholic Church Melbourne
October 31, 2017
ENTERPRISE BARGAINING – bargaining order – s.229 Fair Work Act 2009 – application by CPSU for good faith bargaining orders against Royal Flying Doctor Service of Australia, Central Operations (RFDS) – decision concerned with interlocutory issue about how Commission should deal with application – application arose in context of bargaining for new enterprise agreement to replace Royal Flying Doctor Service, Central Operations, Operations Co-ordinators Agreement 2014 (2014 Agreement) – CPSU alleged conduct of RFDS to be breach of good faith bargaining requirements of FW Act because it proposed to introduce 8 hour shift roster which has effect of reducing annual leave, while refusing to properly negotiate hours of work and annual leave at the bargaining table – CPSU contended this conduct to be unfair and undermined collective bargaining and that RFDS failed to genuinely consider or respond appropriately to CPSU claims and offers about hours of work and annual leave – RFDS denied its conduct was inconsistent with good faith bargaining and requested Commission first hear and determine ‘jurisdictional point’ about whether Commission has power to grant order sought by CPSU in their draft order, seeking: that RFDS not take any further steps to introduce 8 hour shift roster; that RFDS provide CPSU list of items regarding 12 hour shift roster and annual leave which it may be willing to accept in proposed enterprise agreement; that RFDS and CPSU participate in agreed schedule of bargaining meetings; and that RFDS and CPSU give genuine consideration to any proposals regarding 12 hour shift roster and annual leave – Commission considered that the issue raised by RFDS fundamentally concerned whether Commission should make an order of the kind contemplated by the draft order – considered that Commission had broad powers to make orders requiring bargaining representatives to take or not take actions for the purpose of ensuring they meet the good faith bargaining obligations – held that jurisdictional proposition advanced by RFDS not self-evident – Commission not satisfied that ‘jurisdictional’ issue raised by RFDS should be dealt with separately and so it will be considered and dealt with in conjunction with the application more generally. CPSU, the Community and Public Sector Union v Royal Flying Doctor Service of Australia Central Operations
October 31, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant alleged termination of employment was unfair – commenced employment with respondent August 2014 until dismissal 31 March 2017 – respondent alleged applicant failed to follow lawful instruction by not completing audit for Department of Prime Minister and Cabinet and taking unauthorised leave on multiple occasions – applicant accepted she failed to follow lawful instruction and took unauthorised leave – applicant provided with written warning on 21 March 2017 and termination of employment letter on 21 March 2017 – applicant alleged employment terminated after emailing fraud concerns to respondent on 29 March 2017 – Commission accepted the dismissal was procedurally flawed however was not sufficient to find in favour of applicant – satisfied respondent had valid reason for termination – dismissal not harsh, unjust or unreasonable – application dismissed. Douglas v Bynoe Community Advancement Cooperative Society Ltd
