Employees Views on EA Termination Sought by Commission

When three unions involved at an aged care facility couldn’t agree on how to deal with an expired agreement, the Fair Work Commission took the unusual step of writing to the employees and asking them their opinion directly. The problem for the FWC was that one union was in favour of terminating the old agreement, […]

RBA – Wages Increases Stagnant

New figures out confirm the prolonged stagnation in the size of wage increases has not abated. In its most recent Statement on Monetary Policy, the Reserve Bank of Australia (RBA) cites low inflation as a prime influencing factor in creating this situation. The RBA makes the point too that wage increases are “an important determinant […]

Multi-Hire Clause Allowed

Yet another decision of Fair Work Commission has secured, for a resort and country club in Perth’s Swan Valley, a multi-hire clause in its agreement allowing employees to have two jobs. Recently there has been several Commission decisions (see below) approving this useful tool to allow employees to have a second job with their own […]

Recruitment Process Changes Require Consultation

Many employers would not consider consulting their employees if there was a need to alter recruitment processes. But according to a recent Fair Work Commission full bench, that could be a mistake. An employer who wanted to change recruitment processes and criteria has been obliged to consult with their employees’ union under its enterprise agreement […]

Christmas can come twice

The federal court has played Santa Clause to some WA shop assistants because of major confusion over public holiday entitlements. In a ruling over the proper interpretation of a Woolworths enterprise agreement, the court found that the interaction of the Fair Work Act (and the public holidays National Employment Standard), the West Australian Public Holidays […]

It is not capricious to provide advice to non-union reps

The negotiations at Patties for an agreement involved the NUW, the employer and some non-union employee bargaining representatives. During the bargaining process the NUW sent a letter to the non-union employee bargaining representatives seeking a copy of their appointment as a bargaining representative; a copy of any claims/improvements they sought; and their contact details. Concerned […]

Limitations on availability of overtime shifts for part time employees not discriminatory due to working patterns

On 10 June 2011, Commissioner Raffaelli approved the Qantas ASU Agreement, despite objections from two employee bargaining representatives that terms of the enterprise agreement were discriminatory and unlawful terms. The enterprise agreement includes limitations on hours of work for part time employees and gives preference for overtime shifts to full time employees. The employees argued […]

No to annualising LSL

The Inco agreement included a clause that incorporated into salaries an amount in respect of long service leave and extinguishing entitlement to long service leave or long service leave payments on termination. Intervening unions argued this was in contravention of section 55 of the Act as the clause is “detrimental” to employees’ rights pursuant to […]