Many employers think their obligation to explain the effect of a proposed agreement is met when they set out the differences between a proposed agreement and the award(s) that would otherwise apply. But that’s not necessarily the whole story. Failing to explain the difference between an expired agreement and a new one as well, can […]
A union has been told its protected action ballot application has been prematurely made, after it held one meeting with a HR officer of the employer. And to make matters worse, only two out of 11 claims on the union’s list were even discussed at that meeting, which came less than five hours after the […]
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 […]
Discriminating against a prospective employee on the basis of a criminal record is generally a no-no, but the regulations have been amended to re-cast the ground as “an irrelevant criminal record”. It is a significant distinction, and the change has a back story. About a year ago, the Australian Human Rights Commission (AHRC) found an […]
One of the changes to the Fair Work Act as part of the ‘protecting vulnerable employees’ amendments, that has slipped under some employers’ radar is section 557C. This provision reverses the onus of proof where there is a dispute about the number of hours an employee has worked. In a recent federal court case, the […]
When making employees redundant, if an employer fails to properly consult with those affected beforehand, the termination can be deemed not a genuine redundancy. If this finding is made, it is then open for the Fair Work Commission to find a termination to be harsh, unjust or unreasonable. This is what nearly happened to a […]
Assessing the better off overall test for enterprise bargaining should focus on objectively verifiable matters and not descend into speculation about subjective or unquantifiable matters the FWC has said when rejecting union objections to a proposed agreement. The agreement had a fixed 43 hour week which the union contended eliminated the employees’ opportunities to accrue […]
When a business experiences a downturn, it is not unusual for the response to include redundancies. And when this is achieved by dispersing the duties of an employee, who is to be made redundant, among other staff who will remain, it can create some ill-will, and even claims of unfair dismissal because the work is […]
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
L3, 97 Pacific Hwy
North Sydney
Australia