An application by Australian Nursing and Midwifery Federation (s.319 – Application for an order relating to instruments covering new employer and non-transferring employees) is before Commissioner Harper-Greenwell in his chambers in Sydney.
November 16, 2017
Yass Aged Care Foundation president Peter Doyle has retired. Katie Walker is expected to be the incoming president.
November 16, 2017
A s.185 (Enterprise agreement) by Emmy Monash Aged Care Inc T/A Emmy Monash Aged Care for its Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2017 has had a typographical error in the title corrected by the Fair Work Commission.
November 16, 2017
The Department of Health and Human Services is facing a s.372 (Application to deal with other contravention disputes) before Deputy President Hamilton in Court 2 in Melbourne at 1.30pm (Ottrey).
November 16, 2017
Peninsula Village Limited & Evergreen Life Care Limited and Others have a (s.576(2)(aa) – Promoting cooperative and productive workplace relations and preventing disputes) before Deputy President Booth at Evergreen Life Care 22-32 Yallambee Ave West Gosford NSW 2250 today.
November 16, 2017
Jane Halton has been announced as the new COTA Independent Chair.
November 16, 2017
A s.365 (General protections) application by Tracey Phillips against The Salvation Army (QLD) Property Trust atf The Social Work T/A The Salvation Army has been dismissed by Deputy President Asbury in Brisbane.
November 16, 2017
CASE PROCEDURES – stay order – s.604 Fair Work Act 2009 – appeal – at first instance Commission found respondent was unfairly dismissed and ordered to pay compensation – appellant sought a stay order to pay compensation within 28 days – dispute concerned identity of employer – Commission found appellant was employer – Commission must be satisfied that party has arguable case or some prospect of success in order to issue a stay – grounds of appeal included that Commission had no jurisdiction as appellant did not employ respondent – Commission excluded appellant from hearing while respondent gave evidence in chief about employer – on appeal Commission satisfied first appellant had arguable case and was denied natural justice at first hearing – first appellant not provided with opportunity to cross-examine respondent at hearing – offered opportunity to cross-examine at second hearing – satisfied arguable case of denial of natural justice that permission of appeal may be granted – not satisfied balance of convenience favours granting a stay – no evidence given at hearing that payment of amount of monies would have any impact on business or financial status of business – decision to stay involves consideration of both limbs of test – arguable case denial of natural justice but also that any denial overcome by opportunity to cross-examine at second hearing – not satisfied stay warranted – application for stay dismissed. Appeal by Steric Solutions P/L and Anor against decision and order of Johns C of 29 September 2017 [[2017] FWC 5068] Re: Trialonas
