It certainly is.
I cannot fathom how you would consider Baine's shove on Gross at the far post as anything other than a foul. Gross was goalside, Baines was caught out, he made no challenge for the ball and simply shoved him in the back the moment Gross had jumped for the header. That's a foul...
Did you not notice the increasing levels of irritation in the stadium and around you at Oliver's decisions ? The ironic cheering and applause when he'd (finally) give something our way, having given Everton the benefit of just about every 50/50 and marginal decision that he possibly could ...