Comments are closed. Previous Article Next Article In this series, we delve into the XpertHR reference manual to find essentialinformation relating to one of our features. This month’s topic…Compulsory recognitionTo invoke the compulsory recognition procedure the following certainconditions must be satisfied: – The union is ‘independent’ – The employer has at least 21 workers – There is no collective agreement already in force under which a union isrecognised to conduct collective bargaining – The Central Arbitration Committee is satisfied that at least 10 per centof the workers in the relevant bargaining unit are members of the union andthat the majority of the workers in that unit would be ‘likely’ to favourrecognition – There are no competing applications for recognition by other union(s),unless the unions can show that they will co-operate and act together on behalfof all the workers if granted recognition, and – No application for recognition has been made to the CAC within theprevious three years in respect of the same bargaining unit. The recognition processAn independent union makes a formal request for recognition which must be inwriting, and which must define the part of the business (the bargaining unit)which the request is being made for. One of the key issues in this process is the definition and scope of the‘bargaining unit’. This comprises the group of workers who are to be covered byany agreement and for which recognition is to be agreed (or if necessarydetermined by the CAC) in accordance with specified criteria – the mostimportant being effective management. In essence, groups of workers who are managed separately are likely toconstitute separate bargaining units. As the likelihood of an independent unionsecuring recognition depends upon it gaining the support of a majority of theworkers within a bargaining unit, the scope of that bargaining unit will beimportant in determining its chances of success. If the employer agrees within 10 days that the union will be recognised toconduct collective bargaining on behalf of the bargaining unit, then no furtheraction is required provided that a method of collective bargaining is alsoagreed. If the employer does not accept the request but is willing to negotiate thenthe parties have a further period in which to agree the scope of the bargainingunit and the extent of any collective bargaining. Again, if agreement isreached within this period no further action is required. Either party may askAcas to help conduct negotiations. The CAC will become involved only if: – The employer fails to respond to the original request for recognition, or – The employer refuses the request without indicating a willingness tonegotiate, or – The negotiations fail. In such cases the union may apply to the CAC. Its intervention can be stayedif the employer first proposes that Acas be involved in the negotiations. TheCAC will refuse to intervene unless the union’s application is both valid andadmissible. To be valid the union must show: – It has made a written request to the employer for recognition identifyingitself and the proposed bargaining unit, and stating that it is made under theTrade Unions and Labour Relations (Consolidation) Act 1992 – It is independent, and – The employer has at least 21 workers To be admissible the union must show: – At least 10 per cent of the workers in the bargaining unit are members ofthe union – The majority of the workers in the proposed bargaining unit would belikely to favour recognition of the union to conduct collective bargaining – The application is made in the proper form with supporting documents – The employer is given notice of the application – No existing recognition agreement applies to the bargaining unit – If another union is making a competing application, that they willco-operate if both are recognised, and – The union had not within three years made an application for recognitionin respect of the same bargaining unit. If the CAC is satisfied that the application is valid and admissible, itwill accept the application to become involved and will try to help the partiesreach agreement on the scope of the bargaining unit within 20 days. Duringnegotiations it will refuse applications from other unions. If no agreement can be reached on the appropriate bargaining unit by theexpiry of this period the CAC must, within a further 10-day period, decideitself what should comprise the bargaining unit. In deciding this issue the CAC must take into account specified criteriaincluding: – The need for the bargaining unit to be compatible with effectivemanagement, and the matters set out below so far as they do not conflict withthat need – The views of the employer and union – Existing national and local bargaining arrangements – The desirability of avoiding small fragmented bargaining units within thebusiness – The characteristics of workers falling within the proposed bargaining unitand other relevant employees, and – The location of workers. In R v Central Arbitration Committee and another ex parte Kwik Fit (GB) Ltd,2002, IRLR 395 CA the Court of Appeal held that when the CAC determines thebargaining unit it must first consider the proposal put forward by the unionand, if it finds this to be the appropriate bargaining unit, the CAC should gono further. It follows that the CAC is not under a duty to treat equally theemployer’s proposed bargaining unit alongside the union’s proposed bargainingunit. However, the Court of Appeal did make clear that in determining thisissue the CAC should have regard to the points raised by the employer. If the CAC is not satisfied that a majority of the workers in the bargainingunit are members of the union then it must arrange for a secret ballot to beheld to determine whether the workers want the union to bargain on theirbehalf. If the CAC is satisfied that the majority of the workers in the bargainingunit are members of the union then it must issue a declaration that the unionis recognised as entitled to conduct collective bargaining on behalf of theworkers in the bargaining unit unless: – The CAC is satisfied that a ballot should be held in the interests of goodindustrial relations – A significant number of the union members inform the CAC that they do notwant the union to conduct collective bargaining on their behalf, or – Evidence exists which led the CAC to conclude that there are doubts as towhether a significant number of the union members want the union to conductcollective bargaining on their behalf. In this case a secret ballot will be held unless either the union or theunion and employer request that no ballot be held, in which case theapplication proceeds no further. If the employer obstructs the conduct of the ballot the CAC may declare thatthe union is recognised to conduct collective bargaining on behalf of thebargaining unit. The union will win the ballot if it is supported by a majority of theworkers who voted and at least 40 per cent of the workers constituting thebargaining unit. Consequently, if the bargaining unit comprises 100 workers, 40must vote in favour of recognition with fewer than 40 voting against. Having received evidence that a majority of workers in the bargaining unitare members of the union (or have voted in favour of recognition in a ballot),the employer and the union will have 30 days (or longer by agreement) in whichto agree a method for conducting collective bargaining. If no agreement isreached they can refer the question to the CAC, which will allow a further20-day period of negotiations with its help to secure agreement. If agreementproves impossible the CAC will impose a method for conducting collectivebargaining. As soon as a union has applied to the CAC for recognition any subsequent‘voluntary’ recognition agreement negotiated with the employer cannot beterminated by the employer for at least three years. Recognition agreements imposed by the CAC, which may also contain a legally enforceablemethod of collective bargaining, cannot likewise be abandoned at will. This is an extract from the Industrial Relations and Collective Rightschapter of the XpertHR employment law reference manual (chapter author MarcMeryon, Kennedys). Action point checklist– Listen carefully to what youremployees want – Address their concerns in a positive way to avoid frustratingtheir desire to be informed and consulted – Do not victimise any employee seeking union recognition – Ensure that your business is structured in a way whichproduces compatible bargaining units – Consider doing deals with friendly unions to forestallcompulsory recognition of hostile unions – Consider holding a ballot to ascertain employees’ views – Remember that if you fail to do a deal voluntarily and unionrecognition is imposed, it cannot be abandoned at will – Beware the possibility of industrial action even if you avoidcompulsory recognition Questions and answersWhat is the significance of anemployer recognising a trade union?If an employer recognises the union, the union gains importantrights, including the right for its members and officials to take time offwork; to information from the employer to enable the union to conductcollective bargaining; to be consulted on proposed redundancies; and to beinformed and consulted in connection with the transfer of an undertaking.What happens if an independent union makes a formal writtenrequest for recognition?If the employer agrees within 10 days that the union will berecognised to conduct collective bargaining on behalf of the bargaining unit,then no further action is required provided a method of collective bargainingis also agreed.If the employer does not accept the request but is willing tonegotiate, the parties have a further period in which to agree. Either partymay ask Acas to help conduct negotiations. If no agreement is reached, theunion may apply to the CAC for compulsory recognition.At what point would the CAC become involved in the tradeunion recognition process?It becomes involved if the employer fails to respond to theoriginal request for recognition or refuses the request without indicating awillingness to negotiate, or if negotiations fail. The CAC’s intervention canbe postponed if the employer first proposes that Acas be involved in thenegotiations. The CAC will intervene only if the union’s application is validand admissible.Can an employer derecognise an independent union?If the employer voluntarily recognises a union, it canderecognise it at any time. A compulsory recognition agreement set up followingapplication to the CAC cannot, however, be terminated by the employer for atleast three years. In the event that circumstances change during the three-yearperiod, the employer can apply to the CAC to end the collective bargainingarrangements. Related posts:No related photos. Trade union recognitionOn 1 Oct 2002 in Personnel Today
The distribution and abundance of the fleet targeting Jumbo flying squid (Dosidicus gigas) in the Eastern Pacific is examined during the1999 fishery season. The commercial fishery consists of a multinational jigging fleet, which fish at night using powerful lights to attractsquid. The emission of light from these vessels can be observed using satellite-derived imagery obtained by the United States DefenceMeteorological Satellite Program-Operational Linescan System (DMSP-OLS). In order to quantify fishing effort using lights, data on thedistribution and abundance of vessels were obtained via satellite tracking using the ARGOS system. The distribution of the fishery as derivedfrom light signatures was found to closely resemble that derived from ship location data. By using ARGOS data to calibrate DMSP-OLSimages, we are able to estimate fishing effort in terms of the ‘area illuminated’ by the fishing fleet. Light signatures derived from DMSP-OLSwere successfully used to quantify fishing effort, estimating the number of vessels fishing to within F2 in 85 out of 103 satellite images(83%). High seas fishing was also quantified, with light signatures corresponding to a single fishing vessel observed in 11 out of 103 satellitepasses during the fishery season (July–December 1999). This study examines how much light (in terms of area) is emitted by a single squidfishing vessel, and may prove to be a valuable tool in assessing and policing fisheries using satellite remote sensing.
Scientists at Oxford have developed a way of making solar panels from metal oxides found in toothpaste. The discovery offers a much more cost-effective way of harnessing solar power, estimated to be 50% cheaper to produce than the current cheapest technology.The group, led by Henry Snaith of Jesus College, have produced solar cells that use organic materials and metal oxides. These are a lot less volatile than electrolyte dye cells and so can be produced very easily and cheaply over large areas.Conversion efficiencies are 5-6% in the lab but are predicted to have the potential to reach 10%.Ollie Bennett from solar power company MiPower said the discovery could be a “forerunner” in the solar panel market.
Q: I want to use a cake recipe which includes ground almonds. However, I cannot use nuts as the cakes will potentially be sold to people with a nut allergy. Is there a nut-free alternative you could recommend which will give a nice crunch and moist texture? Many thanks,A: Ground almonds are often added to cakes to add moisture and sometimes used to replace wheat flour to make a gluten free cake suitable for coelics.When substituting ground almonds with another ingredient it’s important to consider how much of the cake is made up by nuts. If it is a large amount then you are unlikely to find a successful substitute, so if this is the case I suggest using a different recipe .Possible alternatives for replacing smaller amounts of ground almonds in a recipe, include breadcrumbs, ground rice, semolina and polenta but the results will vary according to the individual recipe, so each recipe will need to be tried and tested.Uncooked semolina has a similar texture to ground almonds and was used during the war as a substitute when making mock almond paste. Semolina can make the recipe slightly drier and it has a courser texture, but is usually a perfectly acceptable alternative.Ground rice, which isn’t as finely ground as rice flour, also has a reasonably similar texture to ground almonds and is worth a try.Fine ground polenta (cornmeal) has an interesting texture when used in cakes, I love it but not everyone does, you can find a lovely lemon polenta recipe in my ’bake me I’m yours…cupcake celebration’ book If the almonds in the recipe are just there for flavour try, substituting with equal weight of plain or wholemeal flour plus vanilla essence or lemon juice but note wheat flour and nut flours are not interchangeable since the protein/fats/moisture are totally different, not to mention the gluten aspect.If you want to be a little more experimental, try using crushed cornflakes, weetabix or rice crispies, oatmeal that has been ground to a finer consistency or even crushed biscuits. Who knows, you might come up with a winning recipe.Good luck and happy bakingDo you have a question for the Cake Doctor? Send it to: [email protected] Lindy Smith’s website
If you’ve heard the name Theo Katzman recently, you probably know him as the singing drummer and guitarist in the funk band Vulfpeck. But with his upcoming 2017 release, Heartbreak Hits, now officially set to release on January 6, Katzman will return to his roots as a rock and roll inspired singer/songwriter with a ten-track collection of musings on loss and letdown.“Heartbreak Hits is basically a concept album about heartbreak,” Theo told us in an interview last month. “It was my first time really feeling that in my life, and it was these multiple things. There was the heartbreak of the relationship, but there was also losing my dad, and my dreams of being this particular success of a writer-producer guy, and all these circumstances, so I really feel like I got somewhere with the record. I don’t want that to sound like a sob story, but who knows? Maybe it will, but the point is, I did have a bunch of personal struggle that went into these songs. I also kind of found a way to make them fun. I can’t totally explain it. There’s some stuff on it that is the deepest I’ve ever gotten towards expressing some of my dark feelings, and then there’s also some stuff where I’m just straight up laughing at some of my dark feelings, and there’s some stuff where I’m being really sarcastic about them. There’s some stuff where I’m totally serious and sincere, and I just feel really loving about it. It’s pretty manic in a great way, I think, and it’s all rock & roll to me.”Today, he releases the album’s second official studio recording called “My Heart Is Dead,” following last month’s “Hard Work.” Listen to the new track below:“I’m excited for people to hear it,” Theo explains. “It’s a combination of real life meets songwriting, which is to say it’s not like it’s an auto-biographical record. It’s more like my experience channeled into song craft, where I thought… “What could that be? It’s a murder mystery. Oh! There we go!” Then I wrote that. That’s one of the songs on the record, “My Heart is Dead.” I think it’s rad, it’s rock, it’s just like, “ahhhhhh!!”, in a cool way. But it’s also fun and creative!” Read the full interview here.In the words of producer Tyler Duncan, “it’s somehow a living dichotomy of tragic/comedic, serious/satirical, over-the-top/subtle, healing/hurting, and I love it.” Heartbreak Hits is currently available for pre-order on Theo Katzman’s Kickstarter. The album includes fellow Vulfpeck members Joe Dart and Woody Goss, among other incredible musicians. From what we’ve heard so far, this is a side of Theo that we look forward to learning more about.
Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window) Photo: PixabayMAYVILLE – The Chautauqua County Health Department reported two new cases of COVID-19 Thursday, bringing the county total to twelve.The new cases involve a man in his 60s and a woman in her 20s.Officials say the twelve confirmed positive cases in Chautauqua County, two people have recovered completely and were released from mandatory quarantine, one individual has died, and nine persons are continuing to recover under mandatory quarantine as ordered by the Local Health Official per NYS Public Health Law.“If you do not personally hear from a public health nurse, you are not a close contact of an individual who has been confirmed to have COVID-19,” said officials in Chautauqua County. In addition, there are several people who have received isolation and quarantine orders by the public health director. This includes:26 individuals in Mandatory Quarantine (individuals confirmed positive of COVID-19 or a household contact of a confirmed positive COVID-19 case);26 individuals in Precautionary Quarantine (individuals with travel history to CDC level 3 country or proximal contact of a confirmed case of COVID-19);68 individuals in Mandatory Isolation (individuals who are symptomatic of COVID-19 and are pending COVID-19 lab test); and156 negative test results to date.Meanwhile in Cattaraugus County officials say there are now eight confirmed cases.The latest case is a male resident who lives in the southeastern part of the county with no significant travel history.Doctors say the man was tested on March 30 in the emergency room of Olean General Hospital after complaining of fever, shortness of breath, body aches and fatigue.The patient was admitted to the hospital for care and his test result on April 2 indicated that he was COVID-19 positive.“Upon discharge, he and his family will be quarantined and assessed for any medical support that we can provide and we will monitor their symptoms closely,” said Cattaraugus County officials. “The department will conduct a thorough contact tracing investigation for those individuals that he has been in contact with and the places that he visited.”
Judge Royce C. Lamberth ordered the Colombian national, who will appear in court again on May 4, held without bail. By Dialogo March 14, 2012 Wearing an orange jumpsuit and in handcuffs, the guerrilla pleaded not guilty to the eight charges against him, including kidnapping and support for members of international terrorist organizations, through his lawyer, John Machado. In Washington, D.C., on March 12, FARC guerrilla Alexander Beltrán, alias ‘Rodrigo Pirinolo,’ pleaded not guilty to all charges related to the kidnapping of three American contractors, freed together with Ingrid Betancourt in 2008. The FARC kidnapped American contractors Thomas Howes, Keith Stansell, and Marc Gonsalves on February 12, 2003, when the aircraft in which they were travelling through a jungle area of the department of Caquetá (in southern Colombia) was brought down by the insurgents. The three State Department contractors were rescued by the Colombian Army in July 2008, in what was called ‘Operation Checkmate,’ in which former presidential candidate Ingrid Betancourt and 11 police and Military personnel were also freed. Thirty-five-year-old ‘Pirinolo,’ who is a member of what is known as Front 27 of the Revolutionary Armed Forces of Colombia (FARC), was extradited by the Colombian Government on March 9. In the attack, the rebels killed two people, one American and one Colombian national. Beltrán was arrested slightly over a year ago in Cartagena (in northern Colombia). The Colombian government continues to search for the other individuals responsible for the kidnapping, the prosecutor in the case, Fernando Campo Amar, stated.
Sep 13, 2006 (CIDRAP News) – The World Health Organization (WHO) has retrospectively recognized another case of H5N1 avian influenza in Indonesia, involving a 5-year-old boy from West Java who died in March, according to news services.The boy’s death was added to the WHO case registry after the agency revised its definition of human H5N1 avian flu cases, according to a Bloomberg News report that quoted Sari Setiogi, a WHO spokeswoman in Jakarta. The agency had not yet noted the case on its Web site at this writing. With the boy’s case, Indonesia has had 64 cases with 49 deaths.Runizar Ruesin, head of the Indonesian government’s avian flu information center, told Bloomberg the boy was from Bekasi, east of Jakarta, and died on Mar 19. Poultry deaths were reported in the boy’s neighborhood, Ruesin said. No one else in the boy’s family was known to be infected, and the source of his infection was unclear, according to a Reuters report today.The boy’s death is the fourth Indonesian avian flu case in 6 days to be retroactively reported by the WHO. Last week the organization added a 14-year-old girl who died in June and two cases, one of them fatal, from 2005.In other news, British public health experts meeting at a conference in Coventry today demonstrated a new system called QFLU, one of the most extensive systems in Europe for collecting data on patients who have flu-like symptoms, according to a Reuters report today.The system, aimed at improving Britain’s pandemic preparedness, tracks how many patients seek care for flu-like symptoms and how many are prescribed antiviral drugs, the story said. It covers nearly 3,000 general practices and more than 17 million people.The system is designed to analyze information daily instead of weekly, which would provide an early warning if a pandemic strain emerges. It was developed by surveillance experts at the UK Health Protection Agency, along with scientists from the University of Nottingham and EMIS, a British healthcare software developer.See also:Jun 22 Eurosurveillance article on QFLUhttp://www.eurosurveillance.org/ViewArticle.aspx?ArticleId=2980
After a record 112 days on a specialized life-support system, a South Korean COVID-19 patient is recovering from double lung transplant surgery, doctors say, in only the ninth such procedure worldwide since the coronavirus outbreak began.The 50-year-old woman was diagnosed with the disease and hospitalized in late February and then spent 16 weeks on extracorporeal membrane oxygenation (ECMO) support, which involves circulating a patient’s blood through a machine that adds oxygen to red blood cells.That’s the longest that any COVID-19 patient in the world has spent on ECMO support, her doctors said. Various drugs such as the anti-malarial hydroxychloroquine, the HIV treatment Kaletra and steroids failed to stop her pulmonary fibrosis – scarring in the lungs – from worsening, said Dr Park Sung-hoon, professor of pulmonary and critical care medicine at Hallym University Sacred Heart Hospital.That left few options other than a lung transplant.”The probability of success in lung transplants on ECMO patients is 50%, and fortunately, our patient was well prepared before the surgery when we found the donor,” said Dr Kim Hyoung-soo, director of the hospital’s ECMO program, who was in charge of the surgery.The patient declined to be identified or interviewed. The doctors who conducted the eight-hour surgery described her destroyed lungs as hard like rock.She had an acute respiratory distress syndrome (ARDS) when she came to hospital, Park said, and could not live without the ECMO machine’s help.ECMO is typically used on patients who need more help than ventilators can provide, and who are considered to have a 90% chance of dying. Half of patients recover in two to three weeks on ECMO, and a lung transplant is considered for those who don’t, Kim said.The surgery was the ninth after six similar surgeries in China, and one each in the United States and Australia, the hospital said.Lung transplants are less common that other transplants in South Korea, with 92 of them in 2018, compared with 2,108 kidney and 176 heart transplants, according to the Korea Centers for Disease Control and Prevention.Lee Sun-hee, a head nurse of the ECMO program who has cared for the patient since February, said the woman seemed to have a stronger-than-usual will to live, in part driven by being a mother of two.”She told us, ‘I’m grateful for the sunshine, for the moonlight. I’m so grateful that I am breathing’,” Lee said.Lee said the woman already knows the first thing she wants to do when released from the hospital:”To get a nice bath.”Doctors said she would be discharged when her chest muscles are strong enough to support her breathing. Topics :
52 Cook Street, North WardA WHIMSICAL facade is just the entree to this spectacular master renovated home which is virtually a rebuild from the ground up. Unparalleled excellence at every turn, this brilliant home has transpired into an elite beachside family home. The theme of quality includes imported polished and honed Travertine tiles throughout the three bathrooms and entire bottom floor. With five bedrooms, a theatre room, and open plan living, you will be indulged in space. The easy-care 1012sq m grounds have been expertly landscaped to reflect our owner’s love of the tropical environment, and strategically include a fully insulated and powered 6x6m man shed. #5 52 MCLEAN STREET, GULLIVER 17 Godier Road, Alligator CreekIMPRESSIVE with meticulous attention to detail, this home offers the perfect mix of sophistication and classic country class. Commanding an elevated position on the fully fenced 5435 sq m allotment this modern Queenslander styled home affords the kind of luxurious comfort and casual entertaining that one would dream of. The property also comes with a large 8 x 12 sq m shed with three phase power and water connected. Suitable for a generous family or executive lifestyle this superb family sanctuary embraces breathtaking district views within a 20 minute drive of the CBD. #4 52 COOK STREET, NORTH WARD 52 McLean Street, GulliverTHIS stunning three-bedroom home is a prime example of home renovation done right. With gleaming polished floors throughout, new kitchen, bathroom, appliances and new air conditioning systems — this home may as well be new. The layout is surprising and inviting with the spacious living and open plan kitchen adjoining a separate dining. The kitchen is brand new with excellent layout and design, concealed touch lighting on benches, and sleek design touches. The third bedroom features a large window to the world and is separated from the master and second bedroom, which adjoin the stunning new bathroom. Views to Castle Hill from the back door and prevailing breezes on this corner allotment make this home one-of-a-kind. 8 Paringa Street, CranbrookSTEP behind the traditional, white picket fence and be amazed at this much-loved home. Traditional features combine seamlessly with contemporary styling, producing a light, airy and inviting home, perfect for relaxed, tropical living. Situated in a peaceful, tree-lined street, a short walk from stunning parklands bordering the Ross River, this home offers families an idyllic lifestyle with no work to be done! Located to the front of the property is a large in ground resort style pool that will entertain the children for endless hours in the hot Townsville climate. #3 More from news01:21Buyer demand explodes in Townsville’s 2019 flood-affected suburbs12 Sep 202001:21‘Giant surge’ in new home sales lifts Townsville property market10 Sep 2020 17 GODIER ROAD, ALLIGATOR CREEK FROM beachside homes and acreage living to stately Queenslanders and renovators, Townsville’s homebuyers market offers something for everyone. Just take a look at these diverse property listings which rank in the top 5 most viewed homes on realestate.com.au this year so far. 8 Coral Street, Saunders BeachTHERE’S no second guessing why this lifestyle inspired home is Townsville’s number one viewed property. For an incredible price tag of around $500,000, this Saunders Beach property offers the best of lifestyle living only 20 minutes from the Townsville CBD. Located only a minutes walk to the beach, the home has been transformed into a private sanctuary or even resort style living. The established gardens behind a remote controlled driveway fencing provides immediate privacy. The new indoor tiles merge with the extensive outdoor flooring which lures you to the bail back yard oasis. The indoor living spaces have been remodelled with high quality fittings, finishes and appliances. The kitchen, the hub of entertaining in North Queensland, now features stone bench tops, two pac finishes for all cabinetry and plumbing for a double fridge/freezer. The kitchen also overlooks the elongate indoor dining and living room. The garage boasts full cabinetry on all walls for storage and entertaining. Energy expenses will be reduced with the solar panels working for you on the roof. Follow the path out into the fully enclosed back yard which will immediately evoke emotions of relaxation, enjoyment, peace and pleasure. Lush gardens surround the property boasting fruit trees and edible vegetation. The Indonesian Hut nestled beside the in-ground pool allows a multitude of gatherings to be shaded. #2 8 PARINGA STREET, CRANBROOK # 1 8 CORAL STREET, SAUNDERS BEACH