Campaspe Shire Council has appointed Fleur Cousins as its new general manager of corporate services. Ms Cousins has 16-plus years experience in local government in environmental health, aged care services, children’s services and other areas.
September 14, 2017
The Uniting Church in Australia Property Trust (Q) is facing a s.604 (Appeal of decisions) before Vice President Hatcher in his Sydney chambers (Kolobius).
September 14, 2017
Mallee District Aboriginal Services Limited & Kirby are to argue a s.365 (Application to deal with contraventions involving dismissal) before Commissioner McKinnon in his Melbourne chambers (Connelly).
September 14, 2017
Swing Shift Nurses will face a s.394 (Application for unfair dismissal remedy) before Commissioner Bissett in his Melbourne chambers (Tysoe).
September 14, 2017
CASE PROCEDURES – appeals – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission found applicant had been unfairly dismissed – no valid reason for dismissal – applicant’s evidence preferred – respondent ordered to pay compensation – respondent sought Stay – Stay application dismissed – appellant sought permission to appeal by alleging significant errors of fact and public interest – Full Bench considered appellant’s appeal notice – no evidence or basis for reaching a different conclusion – no case for appealable error made out – nothing unusual or deficient in the process conducted by Commission at first instance – no basis to grant permission to appeal based on public interest – permission to appeal refused. Appeal by Ferngrove Pharmaceuticals P/L against decision of Sams DP of 8 June 2017 [[2017] FWC 2999] Re: Ji
September 14, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.130, 739 Fair Work Act 2009 – dispute over whether an employee entitled to take or accrue annual and personal leave while absent due to workplace injury and receiving compensation – Australian Nursing and Midwifery Federation (ANMF) submitted that employee on worker’s compensation was not on unpaid leave nor on unpaid authorised absence and as such counted for ‘service’ under the NES – Alfred Health contended that the effect of s.130 of the FW Act was that an employee is not entitled to take or accrue annual or personal leave while on workers’ compensation unless the state or territory workers’ compensation law ‘permits’ the accrual of leave – Alfred Health contended that Victorian legislation does not ‘sanction, condone or countenance’ accrual of leave while on workers’ compensation – in adopting the approach to interpreting enterprise agreements in Golden Cockerel as modified by Berri Full Bench found that as the agreements were not ambiguous and as s.130 is not caught by the agreements, not satisfied the agreements impose a restriction on taking or accruing leave whilst in receipt of workers’ compensation – determined Victorian workers’ compensation legislation permits the taking and accruing of annual leave – in applying Anglican Care the Full Bench found that the employee was entitled to take and accrue annual leave while on workers’ compensation but not personal leave. Australian Nursing and Midwifery Federation v Alfred Health
September 14, 2017
Community Based Support Inc will face a s.372 (Application to deal with other contravention disputes) today before Commissioner Cirkovic in Hearing Room 5, second floor in Hobart (Bentley).
September 13, 2017
An Application by Health Services Union (s.229 – Application for a bargaining order) will be determined by Commissioner Cribb in Conference Room E & F – Level 6 in Melbourne today.
