Ballot Delayed by Good Faith Bargaining Orders

CPSU, the Community and Public Sector Union v Victoria Legal Aid [2013] FWC 1441 (7 March 2013) Sometimes negotiations for an enterprise agreement get tough but trying to short-circuit matters can backfire. An employer has been ordered to halt a proposed ballot until further discussions take place with bargaining representatives, in this case a union. […]

Union squabble misses its Target

When Target Stores needed to renew its enterprise agreement this year, it thought it would be dealing with the shop assistant’s union (the SDA). But the NUW  which covers warehousing employees decided to muscle in, and persuaded some SDA members to join their union. The NUW then said it was entitled to a seat at […]

Union Not Necessarily Union Member’s Rep

When an employer objected to a union making submissions about its enterprise agreement at the approval stage, the union argued it had a member at the workplace so it was entitled to be heard. However, the Fair Work Commission had other ideas and refused to admit the union’s submission. This unusual set of circumstances arose […]

AWU v Woodside

Business as usual during bargaining The Australian Workers’ Union v Woodside Energy Limited [2012] FWA 4332 (30 MAY 2012) Just because an employer is bargaining with a union or employees doesn’t mean changes to the business affecting employees can’t be made. Many organisations assume that once negotiations for an agreement start, especially where good faith […]

Business as usual during bargaining

Just because an employer is bargaining with a union or employees doesn’t mean changes to the business affecting employees can’t be made. Many organisations assume that once negotiations for an agreement start, especially where good faith bargaining orders are contemplated, that nothing in the workplace can change, that changes would undermine the bargaining process. Not […]

AIPA v FWA

Unequal opposite reaction Australian and International Pilots Association v Fair Work Australia [2012] FCAFC 65 (10 May 2012) The old adage in physics, ‘to each action there is an equal and opposite reaction’ doesn’t apply in enterprise bargaining disputes. A full bench of the Federal Court has rejected the pilots’ union claim that Qantas overreacted […]

Unequal opposite reaction

The old adage in physics, ‘to each action there is an equal and opposite reaction’ doesn’t apply in enterprise bargaining disputes. A full bench of the Federal Court has rejected the pilots’ union claim that Qantas overreacted to industrial action last year when Qantas grounded the fleet. The pilots’ union, AIPA, told the court that […]

Surface bargaining won’t work

When an employer refuses to bargain with a union or employees and just says “no”, Fair Work Australia (FWA) will force the issue. A FWA full bench has made clear in a recent decision that an employer must not engage in the practice known as “surface bargaining”. This is a tactic, as its name suggests, […]