ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with dispute in accordance with dispute settlement procedure in AMJV Ichthys Onshore Construction Greenfields Agreement (Agreement) – dispute in relation to AMWU delegates, Mr Martin and Mr McMinimee, working for respondent who sought paid leave to attend a delegate training course between 11 and 14 July 2017 – applications for paid leave not accepted as respondent did not recognise Mr Martin or Mr McMinimee as delegates for purposes of clause 22 of Agreement – respondent objected to jurisdiction of Commission on basis that dispute related to demarcation and that the prerequisites set out in clause 18.2(c) of Agreement for Commission to arbitrate such a dispute did not apply – argued that effect of clause 18.2(c) is that before Commission can arbitrate disagreement or dispute in relation to demarcation, dispute must be adversely impacting or affecting performance of any work on, related to or incidental to respondent’s scope of work – further submitted that dispute in respect of clause 23 was caught by clause 18.2(c) – AMWU submitted ambiguity arose in application clause 18 and that it was contrary to legislative intent – Commission preferred AMWU interpretation and was satisfied that proper characterisation of dispute was that it involved dispute in respect of matter arising under clause 22 only – jurisdictional objection dismissed. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v AGC Industries P/L & Meisei Industrial Co Ltd t/a AMJV
September 21, 2017
A senior manager at the Auckland District Health Board has been sentenced for his part in stealing thousands of dollars of taxpayers’ money, some of which was used to pay for his daughter’s birthday party. Stephen John Paterson, 47, and a security guard stole thousands of health funds while Paterson was the commercial services manager at the ADHB and responsible for signing off invoices. He had worked at the ADHB for 21 years, first as an orderly, before being suspended in 2012 and leaving in 2013 following an internal investigation into his offending. Paterson was charged and found guilty by a jury earlier this year of theft, dishonestly using a document, and causing loss by deception. Judge Mary-Beth Sharp sentenced him to community detention and community work when he appeared in the Auckland District Court today.
September 21, 2017
Aboriginal Hostels Ltd is fighting a s.372 (Application to deal with other contravention dispute) lodged by a staffer (Edwards).
September 21, 2017
San Carlo Homes for the Aged & Alleva and Others have a (s.576(s)(aa) – Promoting cooperative and productive workplace relations and preventing disputes) application before Commissioner Cribb on-site at ANMF House, 535 Elizabeth Street, Melbourne VIC 3000 at noon today.
September 21, 2017
An application by Lendlease Building Pty Ltd (s.210 – Application for approval of a variation of an enterprise agreement) will be determined by Deputy President Gostencnik in his Melbourne chambers at 3.30pm.
September 20, 2017
An application for approval of the Opal Aged Care QLD Enterprise Agreement 2017 (s.185 – Application for approval of a single-enterprise agreement) will be considered by Commissioner Saunders in a telephone hook up.
September 20, 2017
Peninsula Village Limited & Evergreen Life Care Limited and Others have a (s.576(s)(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.
September 20, 2017
A s.185 (Enterprise agreement) application by TBG Senior Living Services Pty Ltd for its TBG Senior Living Services Pty Ltd NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 has been approved by Commissioner Saunders in Newcastle on 19 September 2017.
