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
October 31, 2017
After 48 years of running with the ball in the cause of aged care, Bill Dougherty has finally passed it on to someone else. At yesterday’s annual general meeting of Clarence Village Limited, Mr Dougherty, announced he was stepping down from the board after 48 years of service.
October 31, 2017
An application by Lendlease Services Pty Ltd (s.210 – Application for approval of a variation of an enterprise agreement) will be argued before Deputy President Gostencnik in his Melbourne chambers at 11.30am.
October 31, 2017
Medwest Health care Pty Ltd is set to defend a s.372 (Application to deal with other contravention disputes) before Commissioner Harper-Greenwell in Court 7 & Conference Room E – level 6 in Melbourne (Dunne).
October 31, 2017
An application by Australian Nursing and Midwifery Federation (s.240 – Application to deal with a bargaining dispute) is the preserve of Deputy President Hamilton in Court 3 & Conference Room B – level 6 in Melbourne.
October 31, 2017
The Australian Nursing and Midwifery Federation and San Carlo Homes for the Aged Ltd will argue a (s.739 – Application to deal with a dispute) before Commissioner Harper-Greenwell in Court 7 & Conference Room E – level 6 in Melbourne today at 2pm.
