An application by Lendlease Building Contractors Pty Ltd (s.210 – application for approval of a variation of an enterprise agreement) will be decided by Deputy President Gostencnik.
September 28, 2017
The Health Services Union and Monash Health are in a s.739 (Application to deal with a dispute) armwrestle.
September 28, 2017
The Australian Municipal, Administrative, Clerical and Services Union and National Hearing Care Centre’s Pty Ltd have a (s.739 – Application to deal with a dispute) on foot with Commissioner Gregory in Court 3 & Conference Room B – level 6 in Melbourne.
September 28, 2017
Sealy of Australia (NSW) Pty Ltd is on the back foot with a s.372 (Application to deal with other contravention disputes) in front of Deputy President Booth in his Sydney chambers (McNamara).
September 28, 2017
The Department of Human Services is defending a s.365 (Application to deal with contraventions involving dismissal) before Commissioner Saunders in his Sydney chambers (O’Connell).
September 28, 2017
Dacumos & Cabral and Others and Monash Health are in a s.739 (Application to deal with a dispute) debate before Commissioner Cribb in Melbourne.
September 28, 2017
A 57-year-old dementia sufferer accused of attempting to murder his wife will remain in prison indefinitely because a Perth judge believes he may attack her and other members of his family again. Viet Ky Truong has been ruled unfit to ever stand trial over allegations he tried to smother his wife of 20 years with a blanket at the family’s Girrawheen home last July. He then allegedly attacked her with a dumbbell, an axe and a knife. Truong was also accused of trying to hit his teenage daughter with the dumbbell when she tried to intervene in the alleged attack — sparked by the “delusional” belief his wife was being unfaithful. His wife suffered multiple injuries, including a fracture to the head and a laceration to the mouth. The Supreme Court was told Truong had been diagnosed as suffering from dementia, with doctors saying it was progressive, incurable and would eventually lead to him becoming incapacitated. The law currently allows a judge to do only two things when a person is declared unfit to stand trial — to release them unconditionally or to order that they remain in custody. Truong’s lawyer Ian Hope said his client should be released, arguing prison was not the appropriate setting to manage his medical needs.
September 28, 2017
INDUSTRIAL ACTION – termination of protected industrial action – s.424 Fair Work Act 2009 – application by Minister for Industrial Relations for the State of Victoria (the Minister) to terminate industrial action being engaged in by Specialist Diagnostic Services Pty Ltd (t/a Dorevitch Pathology) (Dorevitch); the Health Services Union of Australia (trading as Health Workers Union) (HWU); and the Australian Nursing and Midwifery Federation (ANMF) – background to matter – on 15 June 2017 Commission granted protected action ballot order with respect to members of the HWU employed by Dorevitch Pathology and who would be covered by proposed agreement – proposed industrial action supported by majority in ballot – HWU served notices on Dorevitch Pathology indicating intention to take action in form of 24 hour and 12 hour bans on performance of work throughout August and September 2017 – s.424 of FW Act requires Commission make order suspending or terminating protected industrial action being engaged in or threatened, impending or probable if satisfied that protected industrial action would threaten to endanger life, personal safety or health, or welfare, of population or of part of it or cause significant damage to Australian economy or important part of it – Victorian Hospitals’ Industrial Association considered – regard had to meaning of terms in s.424(1) including reference to ‘welfare’ of the population and concept of endangerment – commonly used words and expressions which are widely understood in community and which should be given their ordinary meaning – conduct that puts person’s physical or mental state at risk of material detriment, or materially hinders or prevents improvement in person’s poor physical or mental state, may qualify as conduct that endangers personal health or safety – impact of conduct must, however, be more than merely to cause inconvenience to persons concerned, it must be such as to expose them to danger – uncontested evidence given for the Minister – Commission satisfied on basis of evidence pathology services are critical component of delivery of health care services to population – also accepted that disruption to pathology services may have adverse impact on general provision of health care services – adverse impact threatened to endanger life, personal safety and health of part of population – satisfied that, should industrial action resume, it would further adversely affect provision of health care services through delays in pathology services in hospitals and through community collection centres – satisfied industrial action a probability – no basis to assume that threat did not exist and such threat would re-emerge should current suspension Order be lifted – satisfied, on basis of evidence, that industrial action would threaten to endanger life, personal safety or health, or welfare of part of population through limitation on availability of pathology services – Order issued. Minister for Industrial Relations for the State of Victoria v Specialist Diagnostic Services P/L t/a Dorevitch Pathology and Ors
