NEWS-HR
An application by Health Services Union (Sch.3, Item 20A(4) – Application to extend default period for agreement-based transitional instruments) will be determined by Justice Hatcher (Video using Microsoft Teams) in Sydney today.
Ventia has appointed Vicky Honey to a key role charged with providing critical support services to the doctors, nurses and other medical professionals working for Te Whatu Ora – Health New Zealand in ManawatÅ« and Whanganui. In the role of Project Director – Health, Honey oversees more than 200 Ventia staff providing facility and fleet management, security, cleaning and other essential services at Palmerston North Public Hospital, Whanganui Hospital and other health centres across the two regions.
St John Ambulance Western Australia T/A St John Ambulance Western Australia has a s.739 (Application to deal with a dispute) with which it must deal before Fair Work Deputy President O’Keeffe in the Fair Work Commission 111 St Georges Terrace Perth at 10am (Sibley)
Mansfield Autism Statewide Services T/A Mansfield Autism Statewide Services is facing a s.739 (Application to deal with a dispute) before Fair Work Commissioner Bissett (Video using Microsoft Teams) in Melbourne (Boyes)
In-home aged care provider KinCare has appointed Bernadette Gotch as its new chief executive officer.
The National Health and Medical Research Council (NHMRC) has appointed Professor Steve Wesselingh as the next Chief Executive Officer.
Lonnie v WA Council on Addictions Incorporated
TERMINATION OF EMPLOYMENT – high income threshold – fringe benefit tax – ss.382, 394 Fair Work Act 2009 – applicant employed as General Manager of Residential Services and alleged unfair dismissal – respondent raised jurisdictional objection on basis that applicant’s annual rate of earnings exceeded the high income threshold of $162,000 and that he was not covered by an award or an enterprise agreement – applicant contended he was covered by the respondent’s enterprise agreement and that his earnings were less than threshold – applicant claimed the enterprise agreement had broad coverage for all employees located in Perth Metropolitan Area (excluding child care and creche) and that he performed duties within a classification of the agreement – Commission held applicant’s role as General Manager not within the classification structure of the enterprise agreement – Commission held applicant’s employment not covered by an industrial instrument – Commission assessed applicant’s annual rate of earnings at time of dismissal – Commission held applicant’s salary was $141,797 – applicant also used company vehicle with an agreed monetary value of $10,783 – applicant provided with laptop and phone with agreed combined value of $947.19 – respondent contended that payments or adjustments to the applicant's salary to cover accrual of fringe benefit tax on use of company vehicle ought be considered – Commission considered Rofin's Case and Chang – held where an amount paid other than to an employee and other than on their behalf or direction does not meet definition of ‘remuneration’ (Rofin's Case) – Chang approach not required as vehicle assigned agreed value by parties – applicant’s wage adjusted to account for agreed value of car – Commission concluded fringe benefit payments or adjustments not to be counted as remuneration – applicant’s total remuneration was $153,527.19; below high income threshold – jurisdictional objection dismissed.
U2023/565 [2023] FWC 673
Beaumont DP Perth 20 April 2023
