Knoxfield Medical Centre Pty Ltd is facing a s.394 (Application for unfair dismissal remedy) lodged by an ex-staffer (Logan).
August 18, 2017
The Health Services Union and Albury Wodonga Health have a s.739 (Application to deal with a dispute) on foot before Commissioner Bissett in court 5 and conference room D – level 6 in Melbourne.
August 18, 2017
ENTERPRISE BARGAINING – scope order – s.238 Fair Work Act 2009 – application for scope order to determine whether employees to be involved in bargaining were fairly chosen – employer issued a notice of employee representational rights (NOERR) to employees indicating an intention to commence bargaining for an agreement – NOERR excluded 12 employee positions from coverage – Commission considered whether employees geographically, operationally or organisationally distinct – employer claimed excluded positions are senior managers and leaders which are operationally and organisationally distinct from positions proposed to be covered by agreement – Commission found insufficient evidence about extent of managerial authority of excluded positions – not satisfied that excluded group are operationally or organisationally distinct – Commission further considered whether reasonable in all the circumstances to grant the scope order – employer claimed that it was the preference of the individual employees themselves to be excluded from coverage – Commission found little evidence to support employer’s claim and considered employee preference a matter to be taken into account, but not determinative in deciding whether making of scope order is reasonable in all the circumstances – found reasonable to make order that scope of employee classifications to be covered by proposed agreement as expressed in NOERR amended to include excluded positions. Australian Nursing and Midwifery Federation-Northern Territory Branch
August 18, 2017
TERMINATION OF EMPLOYMENT – termination at initiative of employer – constructive dismissal – ss.386, 394, 587 Fair Work Act 2009 – application for unfair dismissal remedy – applicant submitted she was forced to resign because of conduct of respondent and Deed of Release (Deed) was signed under duress – respondent submitted there was no dismissal and Deed acts as a bar to the making of an unfair dismissal application – Applicant was suspended from duty pending investigation into alleged serious misconduct – provided resignation letter to respondent and signed Deed – Pawel and ABB Engineering considered – Commissioner determined Deed was binding and a complete bar to application – not persuaded applicant was forced to resign – not a dismissal within the meaning of the Fair Work Act – application dismissed. Fowler v United Care Wesley Bowden Inc
August 17, 2017
Kittie Dwyer steps down from the Currajong Disability Services board.
August 17, 2017
A PathWest employee inappropriately divulged sensitive medical test results of a romantic rival to the man at the centre of their love triangle.
August 17, 2017
A s.185 (Enterprise agreement) application by Calvary Health Care ACT Limited for its Calvary Bruce Private Hospital Health Professionals and Support Services Enterprise Agreement 2017 has been approved by Commissioner Saunders in Melbourne on 16 August 2017.
August 17, 2017
A rash of gastro cases has prompted the closure of a west Wodonga aged care home to all visitors. The Bupa centre off Melrose Drive has been shut to callers since the weekend due to the outbreak which has resulted in vomiting and diarrhoea.
