Ballot Box Bungle No Barrier to Approval

Just who gets to vote on an enterprise agreement has been the subject of a few disputes and it has again required a Fair Work Commission full bench appeal to clear up some misconceptions. In this case, there were two problems with the ‘electoral roll’; some casual employees who voted had not worked in the […]

Majority Support Campaign Material Disallowed

While there’s nothing wrong with an employer robustly campaigning on a majority support vote, just like regular electioneering, there are obligations on the ‘parties’ to ensure that an accurate picture of the effects of a vote one way or another are stated. And the Fair Work Commission has expressed its displeasure with a labour hire […]

Ask an Unnecessary Question….

In trying to outmanoeuvre a union in bargaining tactics, a company asked a multi-faceted question where a simple yes/no would probably have done the trick. The union had earlier organised a petition of the workforce, gaining a slim majority of signatures in favour of bargaining. Armed with that result, the union applied for a majority […]

Numbers Don’t Add Up

After trying unsuccessfully to get an employer to engage in enterprise bargaining, a union decided to apply to the Fair Work Commission for a majority support determination. The union was confident that a majority of the 55 employees that would be covered by the proposed agreement wanted to bargain. For its part, the employer agreed […]

Unwilling Employer Required to Bargain

A reluctant employer can be required to engage in enterprise bargaining if the employees secure a majority support determination as was the case when an automotive services company was ordered to bargain by the Fair Work Commission. The company did not wish to bargain but the union, which represented six of the employees, was keen […]

Notice the Notice

Ostwald Bros Pty Ltd v Construction, Forestry, Mining and Energy Union [2012] FWAFB 9512 (8 November 2012) This case concerned a Notice of Representational Rights, a mandatory process requirement of the Fair Work Act when embarking on enterprise bargaining. The company had issued the Notice but neglected to include the words concerning default bargaining representatives. […]

What is ‘fairly chosen’?

When a mine construction contractor wanted to have an enterprise agreement on a site-specific basis to operate simultaneously with other geographically based agreements, it ran into problems based on the “fairly chosen” criteria of the Fair Work Act. At first instance, the Fair Work Commission refused to approve the agreement, principally on the grounds that […]

Galintel Rolling Mills Pty Ltd T/A The Graham Group Employers can add to Notice of Representation but need to be careful if doing so The Full Bench considered whether an employer can add to the statutory Notice of Representation it provides to relevant employees to initiate bargaining. In this case the Notice of Representation provided by the employer was in identical terms to […]