Sunnyhaven Limited [2012] FWAFB 9086 (1 November 2012) Normally, the “better off overall test” (BOOT) has to be applied, and passed, before Fair Work Australia can approve an enterprise agreement. This is done by comparing and contrasting the proposed agreement with the modern award that otherwise would apply. But what to do when there is […]
When new workers commenced employment during the access period for an agreement, and voted in the ballot, an employee bargaining representative thought the process had been compromised, so tried to stop the approval of the agreement by the Fair Work Commission. The agreement had been endorsed by a narrow margin, and the aggrieved employee told […]
Shiftworkers are generally entitled to an extra week’s annual leave. The National Employment Standards (NES) provides for it and it is also included in modern awards. The NES allows awards to further define what constitutes shiftwork for the purposes of the NES. So for example, in an award the definition might say a shiftworker is […]
The story of shiftworkers, extra week of leave, the NES and agreements Ramsay Health Care Australia Pty Ltd T/A Greenslopes Private Hospital v AWU Queensland [2012] FWAFB 4033 (29 May 2012) Shift-workers are generally entitled to an extra week’s annual leave. The National Employment Standards (NES) provides for it and it is also included in […]
In this case, the employer appealed against an earlier decision of FWA in which an application for approval of an enterprise agreement was refused because the rates of pay in the agreement were loaded to include payment for annual leave. FWA refused to approve the agreement on the basis that the annual leave provisions contravened […]
Full bench allows hourly cash out of annual leave http://www.fwa.gov.au/decisionssigned/html/2011fwafb6709.htm In this case, the employer appealed against an earlier decision of FWA in which an application for approval of an enterprise agreement was refused because the rates of pay in the agreement were loaded to include payment for annual leave. FWA refused to approve the […]
When making agreements, it is not only the award conditions that an employer has to keep an eye on to ensure approval by the commission. Unlike award provisions, NES employment conditions cannot be bargained away. When a private hospital negotiated an agreement it restricted access to an additional week’s annual leave to shift-workers by defining […]
Not being specific and detailed about the ‘where, when and how’ of voting forced a construction company to re-do the formalities and resubmit its application as the Fair Work Commission made it clear that process matters. Taking a pragmatic approach, the employer advised the workforce of 11 in a letter that there would be a […]
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
Mobile: 0419 401 702
Email ross@workrelations.com.au
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Australia