When an employer put its best and final offer to a vote without union support, it was not in breach of good faith bargaining requirements according to a senior Fair Work Commission member. Negotiations for a replacement agreement had commenced nearly a year earlier, with 13 bargaining meetings and 14 drafts of the agreement. The […]
Sometimes ‘doing the right thing’ can backfire, as an employer who rang absent employees to ensure they could exercise their right to vote on an agreement has found out to its detriment. And despite the employees concerned not being fazed by the situation, and there being no evidence of coercion, the Fair Work Commission has […]
In some enterprise bargaining situations, employers make concessions that they cannot sustain down the track, and they have trouble re-negotiating replacement deals which alleviate the problems. So they have resorted to having the expired agreement actually terminated so that the difficulties they have encountered are removed. This has caused concern to the unions and their […]
Negotiating an agreement can be frustrating if key issues for both sides become sticking points. An impasse eventuates because the parties can’t see much point proceeding if big ticket items are unresolved. When a large newspaper company faced this dilemma, it decided to get help from the Fair Work Commission to see if using its powers […]
Transport Workers’ Union of Australia v Transit (NSW) Services Pty Ltd t/a Transit Systems [2016] FWCFB 997 (1 March 2016) A full bench of the Fair Work Commission has found an employer may have adopted “sharp practices” in dealing with an enterprise agreement, but in doing so, did not fall foul of the law’s good […]
McDermott Australia Pty Ltd [2016] FWC 1113 (25 February 2016) An enterprise agreement has been ruled invalid after the Fair Work Commission found casuals employed by the company were not working at the time they voted on the agreement. In an unexpected decision, the FWC found that because the casuals were not physically at work […]
Independent Education Union v All Hallows’ School [2016] FWCFB 262 (14 January 2016) When a union, wanting to pressure an employer, sought protected action orders allowing reference to industrial action in any e-mails staff sent to clients, it didn’t bank on the Fair Work Commission ruling against them. And it got worse for the union. […]
Australian Rail, Tram and Bus Industry Union-New South Wales Branch v Interail Australia Pty Ltd (2 December 2015) Taking a narrow view of the meaning of an enterprise agreement (EA) provision to suit a particular purpose has been defeated in an important decision in the Fair Work Commission. And the practical consequences of the decision […]
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