Expired EBA Cancelled During Bargaining

After a year of stalemate in EA bargaining, a major employer has succeeded in cancelling its existing agreement, bringing employees back under the award. While it gave undertakings to preserve key existing benefits for employees, that promise is only good for six months. After that, all bets are off. The Fair Work Commission heard evidence […]

Pay Increases Still in the Doldrums

The strange economic contradiction of low unemployment and low wage rises continues. In the space of two days, both the Bureau and Statistics and the Commonwealth Department of Employment published compelling figures showing wage increases at record lows. Governor of the Reserve Bank of Australia, Philip Lowe, has expressed the view recently that wages could […]

Is the novelty of Enterprise Bargaining Agreements wearing thin and at what risk to corporations?

It is 25 years since enterprise bargaining was established as the preferred way to regulate Australian workplaces. Hundreds of thousands of agreements have been signed, with employers and employees eagerly seizing the opportunity to have a direct say in what goes on in the workplace. But has the novelty worn off and is the game […]

Wording of Agreements Needs Great Care

When making an enterprise agreement, an employer thought it had covered off the issue of rostering for all employees, regardless of their status. But some part-time employees had other ideas. It took an appeal for the company to be assured of access to what it thought its enterprise agreement contained. The enterprise agreement has a […]

Penalty Rates Decision’s Impact on Bargaining

While there has been a lot of (largely misinformed) commentary about the penalty rates decision made by the Fair Work Commission recently, little attention has been paid to the impact it will have on bargaining in the affected sectors. The key issue for employers is the timing of the actual changes so that bargaining can […]

Could Record Low Pay Rises be Coming to an End?

The latest Australian Bureau of Statistics figures on private sector wage growth show the lows continue, with the average hovering around 1.8%, a new record. But the big question is: has the bottom of the cycle been reached? In the same week these figures were released, the Reserve Bank Governor hinted that maybe it has. […]

Strike-induced Redundancies OK says Full Bench

Most employers would be very wary of sacking employees taking protected industrial action. But the Fair Work Commission has twice rejected union arguments claiming an employer has undermined collective bargaining and acted in bad faith by making employees redundant as a consequence of the industrial action taken. The stoppages took place over a number of […]

Invalid Votes Stymie Agreement

Sometimes ‘doing the right thing’ can backfire, as an employer who rang absent employees to ensure they could exercise their right to vote on an agreement has found out to its detriment. And despite the employees concerned not being fazed by the situation, and there being no evidence of coercion, the Fair Work Commission has […]