A s.604 (Appeal of decisions) by the National Union of Workers against Sigma Company Limited T/A Sigma Healthcare has been determined. The full bench ruled denial of natural justice – decision quashed – matter referred to single member for hearing of application for approval.
August 14, 2017
A s.238 (Scope order) application by the Australian Nursing and Midwifery Federation-Northern Territory Branch has been approved by Commissioner Wilson in Melbourne on 8 August 2017. This matter concerns an application for a scope order made by the Australian Nursing and Midwifery Federation in respect of bargaining proposed for a new enterprise agreement for certain employees of the Miwatj Health Aboriginal Corporation.
August 14, 2017
A s.185 (Enterprise agreement) application by Wurli-Wurlingjang Aboriginal Corporation for its Wurli-Wurlinjang Enterprise Agreement 2017 has been approved by Commissioner Johns in Sydney on 10 August 2017.
August 14, 2017
The Queensland State Government is refusing to guarantee it will release details of a review into the death of a homeless veteran allegedly assaulted at the Gold Coast University Hospital. A patient accused of murdering the 53-year-old army veteran was dropped off by police about an hour before the alleged bashing in an Emergency Department toilet around 8am last Friday. After John Imber died of serious head injuries last Sunday, a row has erupted between police and Gold Coast Health about responsibility for the other patient.
August 14, 2017
A patient with Alzheimer’s disease curled up her toes and screamed in agony for days because nurses forgot to administer her pain killers. Her plight was one of a number of disturbing and bizarre cases identified during a federal investigation into Cooinda, a 60-bed aged care home run very badly by Queensland Health at Kippa-Ring, north of Brisbane. “Medications were dispensed by the pharmacy, however medications were observed as not given and still in an unopened packet,” says a report by the Federal Government’s Aged Care Quality Agency, marked “sensitive”. The leaked report says the neglected woman, 52, was suffering severe leg pain. She also suffered from epilepsy and cognitive impairment. However, she “appeared comfortable” after the mistake was rectified, according to the agency’s assessment team, headed by Margaret Williamson with assistance from Jill Winny and Tara Quirke. There were delays in delivering other pain medication and eye drops to elderly residents. Most perplexing was the case of the missing reading glasses, with “four or five pairs” found buried in a garden. And a search of one violent patient’s room uncovered a hoard of weapons.
August 14, 2017
Western Australia’s Health Service Boards have welcomed five new members to aid their work in improving the WA public health system. Dr Amanda Boudville, a specialist in aged care and rehabilitation at St John of God Hospital, will work on the South Metropolitan Health Service Board.
August 14, 2017
ENTERPRISE AGREEMENTS – approval – ss.185, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission approved the Sigma (Berrinba) Enterprise Agreement 2017 – appellant advanced five grounds of appeal, however it was only necessary for the Full Bench to deal with the first ground – the appellant contended that the Commission erred in approving the agreement in circumstances where the appellant was involved in the agreement making process as a bargaining representative, but had not been informed that Sigma had applied to the Commission for approval of the agreement – whether Sigma was required to serve its application for approval of the agreement on the appellant – relevant service rule required Sigma to serve a copy of its application for approval of the agreement on ‘each employee organisation that was a bargaining representative and any other employee bargaining representative of whom the applicant is aware’ – Full Bench found that permission to appeal should be granted in this matter, as the appeal raised important questions concerning the proper construction of rule 24(3) of the FWC rules – considered proper construction of the phrase ‘an employee organisation that was a bargaining representative for the proposed enterprise agreement’ in the context of s.183(1) of FW Act – Collinsville adopted – Full Bench of the view that rule 41(1) and Schedule 1 (Forms F16 and F17) of the FWC Rules require an applicant for approval of an enterprise agreement to serve a copy of the application (Form F16) and the employer’s statutory declaration in support of the application for approval (Form F17) on each employee organisation that was, at any time, a bargaining representative in relation to the enterprise agreement – Full Bench held that Sigma did not comply with that rule in connection with its application for approval of the agreement – the appellant was not aware that the application had been lodged until after the agreement was approved – as a result, the appellant was denied natural justice because it was not given an opportunity to make submissions as to why it should be heard in relation to the application for approval of the agreement – it follows that there was an error in the approval of the agreement – however, at first instance the Commission could not have had any knowledge, on the basis of the material before him, that the appellant was or had been a bargaining representative – in contrast, the material filed in the appeal indicates that Sigma knew that the appellant had been appointed as a bargaining representative for one employee who would be covered by the agreement – appeal upheld and decision at first instance quashed – matter referred to Asbury DP for rehearing. Appeal by National Union of Workers against decision of Gregory C of 30 May 2017 [[2017] FWCA 2940] Re: Sigma Company Limited t/a Sigma Healthcare
August 14, 2017
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant had a number of periods of full-time employment with respondent in recent years most recently from 22 December 2016 – employed by respondent as a Cultural Heritage Officer (CHO) to perform CHO functions on land operated by Sandlewood’s client, QGC P/L (QGC), but traditionally owned by BCJWY traditional owner group – applicant a member of the Aboriginal Western Wakka Wakka group one of the five groups in BCJWY traditional owner group – QGC informed respondent they no longer required applicant’s services due to alleged breach of confidential information and ethical conduct policies – applicant submitted he could not do cultural heritage work on another native title holder’s land but could have done administration work in respondent’s offices – respondent submitted applicant could not be redeployed because respondent wasn’t working on any other Western Wakka Wakka land and there was no other work available for him – whether valid reason – Kool v Adecco and Tasports v Gee cited – if an employer can no longer pace its employee in the premises of a client it should exhaust all avenues to source other roles for the employee – Commission noted QGC’s alarmist approach to applicant’s actions and extraordinary conduct from their Senior Cultural Heritage Advisor in dealing with traditional owners – satisfied that respondent attempted to salvage applicant’s placement at QGC – satisfied was a valid reason for ending applicant’s employment at QGC as a CHO – not satisfied was a valid reason for dismissal from employment with respondent – found respondent failed to hold further discussions and failed to consult on other opportunities to continue employment – dismissal harsh, unjust and unreasonable – Commission ordered compensation of $2,400 less tax, plus superannuation at 9.5% of $2,400. Conlon v Sandlewood Aboriginal Projects Limited
