In this decision, a self-appointed bargaining representative sought bargaining orders against Victoria Police, arguing that because agreement negotiations were scheduled during working hours, he could not attend without being paid and the employer’s refusal to provide paid leave to attend meetings disadvantaged him by preventing him from being able to participate fully in the negotiations. Commissioner Smith dismissed the application. He found that there was no requirement to provide paid leave to bargaining representatives to prepare for, and participate in, bargaining negotiations. While the good faith bargaining requirements required the employer to to take him seriously and give genuine consideration to his proposals, the evidence suggested that it was doing so and there was no evidence that the refusal to provide paid leave to attend meetings was directed to preventing him from attending or participating in the negotiations. Commissioner Smith commented that a bargaining representative acts in a voluntary position and it is up to the individual to decide whether, and to what extent, they will involve themselves in the negotiations.
Ross Clarke has more than a decade’s experience in the enterprise bargaining room.
The knowledge and skill he has acquired in this time has enabled him to develop a highly sophisticated planning and process model for successful enterprise bargaining. This proven methodology delivers results across all industries including distribution, hospitality, banking, retail, manufacturing, telecommunications and gaming.
“Ross’s knowledge of industrial relations and his ability to understand how and when to communicate internally with government; and with the media were instrumental in guiding the Association’s successful response to the campaign.”
Patrick Griffin OAM, Australian Hotels Association
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