When an employee is a member of a union that is a bargaining representative for an enterprise agreement, then that employee is able to attend negotiations under the union’s umbrella. And an employer’s attempt to exclude such an employee from discussions has been thwarted by the Fair Work Commission. The employee had filed for workers’ […]
The often-vexed question of exactly how much of an employee’s annualised salary is to be taken into account to calculate superannuation entitlement has been analysed by the full federal court. And it has found that the component of an annualised salary attributed to work beyond ordinary time, is not to be counted for superannuation purposes. […]
While it may make good sense to keep bargaining committees down to a manageable size, arbitrarily limiting the number of bargaining representatives is not the way to go. This, along with a few other procedural flaws, resulted in an agreement being knocked back by the FWC recently, when it became clear the mistakes were too […]
The Fair Work Commission has waved through an application for agreement approval despite what would once have been fatal errors in the process and paperwork. Relying on recent amendments to the Fair Work Act, the decision acknowledged errors had been made but none were of such magnitude or import to justify sending the employer and […]
Arguing about the meaning of a word in a Protected Action Ballot Order (PABO) as a means to head off protected industrial action has proved to be something of a folly for Australia’s largest telco. The Fair Work Commission has dismissed the attempt, saying that the wording of a PABO is not to be interpreted […]
From December 1st this year, modern awards will include a new provision concerning employee rights to request family friendly working arrangements. The right already exists as part of the National Employment Standards (NES) but the Fair Work Commission has expanded on those provisions with this decision. Essentially, the new provision requires an employer to discuss […]
Many agreements fail to pass the stringent approval processes required by the Fair Work Act because a term falls foul of the National Employment Standards (NES). In most cases the totality of the agreement’s benefits far outweigh whatever NES issue is diminished. No great harm is likely. But the inflexibility of the legislation leaves the […]
A security company has been given short shrift by the Fair Work Commission with its attempt to gain approval of a streamlined agreement which wrapped up penalties and various allowances into a composite rate. Despite some pay rates being nearly 50% higher than their award counterparts, and the employer’s willingness to give comprehensive undertakings, the […]
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