NEWS-HR

A s.365 (General protections) order sought by Mohammad Mehdi Hamidi Manesh against Southern Cross Care (SA) Pty Ltd has been refused by Fair Work Deputy President Mansini in Melbourne on 17 October 2019 (Application to deal with a general protections dispute involving dismissal – application filed out of time – circumstances not exceptional – application dismissed).

A s.394 (Unfair dismissal) application from Diane Porteous citing G. Kakafikas and A.G. Bek partnerships t/a Yarra Glenn Pharmacy has been dismissed by Fair Work Deputy President Colman in Melbourne on 13 September 2019. (Application for an unfair dismissal remedy – minimum employment period not served – application dismissed – observations on unfair dismissed application that are not prosecuted).

A s.185 (Enterprise agreement) application from Uniting Church in Australia Property Trust (Q) T/A Wesley Mission Queensland has been put into temporary obeyance by Fair Work Commissioner Wilson in Melbourne on 13 September 2019. (Application for approval of the Wesley Mission Queensland Care and Support Employees Enterprise Agreement 2018. (Application for approval of the Wesley Mission Queensland Care and Support Employees Enterprise Agreement 2018. Residual matter for determination – whether group covered by Agreement is fairly chosen for reason of s.186(3A) – that is, taking into account whether the group is geographically, operationally or organisationally distinct.)

A s.604 (Appeal of decisions) by Inna Grabovsky against United Protestant Association NSW Limited t/a UPA has been rejected by Fair Work Deputy President Sams in Sydney on 14 October 2019. (Appeal against decisions [[2019] FWC 6318] and order (PR7122900) of Commissioner Johns at Sydney on 11 September 2019 in matter number C2017/7037 – costs ordered against appellant – application for a stay order – consideration of prospects of success and balance of convenience – principles applying to stay orders – numerous unsuccessful proceedings – prospects of success remote – unnecessary to consider balance of convenience – application for stay order dismissed.)

Southern Cross Care will face a s.394 (Application for unfair dismissal remedy) in front of Deputy President Beaumont in chambers in Perth (Bunsy).

A s.365 (General protections) application from Janice Noller naming Harvey Health and Community Services Group Inc has been granted by Fair Work Deputy President Boyce in Sydney on 17 October 2019. (Application to deal with contraventions involving dismissal – application filed out of time – reasonable explanation for delay – exceptional circumstances – extension of time granted)

An application by Community Housing Limited (Sch.3, Item 15 – Application by agreement to terminate collective agreement-based transitional instrument) will be determined by Commissioner Platt in the Fair Work Commission Level 6 Riverside Centre North Terrace Adelaide at 2pm.

A s.185 (Enterprise agreement) application by Calvary Health Care ACT Limited T/A Calvary Bruce Private Hospital for its Calvary Bruce Private Hospital Health Professionals and Support Services Enterprise Agreement 2019 has been granted by Fair Work Commissioner Platt in Adelaide on 17 October 2019.