CASE PROCEDURES – appeals – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission found applicant had been unfairly dismissed – no valid reason for dismissal – applicant’s evidence preferred – respondent ordered to pay compensation – respondent sought Stay – Stay application dismissed – appellant sought permission to appeal by alleging significant errors of fact and public interest – Full Bench considered appellant’s appeal notice – no evidence or basis for reaching a different conclusion – no case for appealable error made out – nothing unusual or deficient in the process conducted by Commission at first instance – no basis to grant permission to appeal based on public interest – permission to appeal refused. Appeal by Ferngrove Pharmaceuticals P/L against decision of Sams DP of 8 June 2017 [[2017] FWC 2999] Re: Ji
September 14, 2017
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.130, 739 Fair Work Act 2009 – dispute over whether an employee entitled to take or accrue annual and personal leave while absent due to workplace injury and receiving compensation – Australian Nursing and Midwifery Federation (ANMF) submitted that employee on worker’s compensation was not on unpaid leave nor on unpaid authorised absence and as such counted for ‘service’ under the NES – Alfred Health contended that the effect of s.130 of the FW Act was that an employee is not entitled to take or accrue annual or personal leave while on workers’ compensation unless the state or territory workers’ compensation law ‘permits’ the accrual of leave – Alfred Health contended that Victorian legislation does not ‘sanction, condone or countenance’ accrual of leave while on workers’ compensation – in adopting the approach to interpreting enterprise agreements in Golden Cockerel as modified by Berri Full Bench found that as the agreements were not ambiguous and as s.130 is not caught by the agreements, not satisfied the agreements impose a restriction on taking or accruing leave whilst in receipt of workers’ compensation – determined Victorian workers’ compensation legislation permits the taking and accruing of annual leave – in applying Anglican Care the Full Bench found that the employee was entitled to take and accrue annual leave while on workers’ compensation but not personal leave. Australian Nursing and Midwifery Federation v Alfred Health
September 14, 2017
Community Based Support Inc will face a s.372 (Application to deal with other contravention disputes) today before Commissioner Cirkovic in Hearing Room 5, second floor in Hobart (Bentley).
September 13, 2017
An Application by Health Services Union (s.229 – Application for a bargaining order) will be determined by Commissioner Cribb in Conference Room E & F – Level 6 in Melbourne today.
September 13, 2017
Health Services Union-Victoria No.1 Branch is facing a s.394 (Application for unfair dismissal remedy) before Deputy President Gooley in his Melbourne chambers (Sanli).
September 13, 2017
Silver Chain Group Limited will defend a s.394 (Application for unfair dismissal remedy) before Commissioner Platt in his Adelaide chambers (Michnik).
September 13, 2017
A s.185 (Application for approval of a single-enterprise agreement) by Gisborne and District Community Health and Hospital Board Inc T/A Macedon Ranges Health Services for its Macedon Ranges Health, Health Professionals Enterprise Agreement 2016 has been approved by Commissioner Johns in Sydney on 12 September 2017.
September 13, 2017
A laboratory assistant at Cairns Hospital has been diagnosed with tuberculosis, forcing about 80 co-workers to undergo testing and possible treatment. Staff are furious about being exposed to the infectious disease since the man started working for Queensland Health about three months ago and all new employees must be screened for tuberculosis before they start work. A Pathology Queensland colleague, who wished to remain anonymous for fear of being sacked, said authorities were “sweeping it under the carpet like it’s nothing”.
