Posts

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. […]

NUW NSW v Target

Union squabble misses its Target NUW, NSW Branch v Target Australia Pty Limited [2012] FWA 5719 (9 July 2012) When Target Stores needed to renew its enterprise agreement this year, it reasonably thought it would be dealing with the shop assistant’s union (the SDA). But the NUW  which covers warehousing employees decided to muscle in, […]

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 […]

Technip Oceania Pty Ltd v W. Tracey

When can a union official truly be taken to acting in their personal capacity as a bargaining representative? http://www.fwa.gov.au/decisionssigned/html/2011fwafb6551.htm The WA Assistant Secretary of the Maritime Union of Australia (MUA) was appointed as bargaining representative of ROV operators in the offshore oil and gas industry who were not eligible to be members of the MUA. […]

When can a union official truly be taken to acting in their personal capacity as a bargaining representative?

The WA Assistant Secretary of the Maritime Union of Australia (MUA) was appointed as bargaining representative of ROV operators in the offshore oil and gas industry who were not eligible to be members of the MUA. The employer refused to recognise the official as the employee’s bargaining representative on the basis that he was not […]

An employer can unilaterally withdraw an agreement approval application

In this decision the Full Bench considered: – Whether it was possible for an employer to unilaterally discontinue an application to approve a properly made agreement; and – Whether it is reasonable to extend time to a bargaining representative to lodge an approval application in a situation where the employer has discontinued their approval application. […]

CEPU v CJ Manfield Pty Ltd

An employer can unilaterally withdraw an agreement approval application http://www.fwa.gov.au/decisionssigned/html/2011fwafb6845.htm In this decision the Full Bench considered: – Whether it was possible for an employer to unilaterally discontinue an application to approve a properly made agreement; and – Whether it is reasonable to extend time to a bargaining representative to lodge an approval application in […]

Galintel Rolling Mills Pty Ltd T/A The Graham Group

http://www.fwa.gov.au/decisionssigned/html/2011fwafb6772.htm 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 […]