Posts

Not Just BOOT to be Explained to Employees

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 […]

Unions’ Minimum Start Argument Fails

Aero-Care Flight Support Pty Ltd re Aero-Care Collective Agreement 2012 – [2013] FWCA 965 – 12 February 2013 Just because a modern award requires a four minimum start for employees, it doesn’t mean the Fair Work Commission will not approve an enterprise agreement with a lesser minimum start. As one employer found out though, if you […]

Yes to hourly cash out of annual leave

In this case, the employer appealed against an earlier decision of FWA in which an application for approval of an enterprise agreement was refused because the rates of pay in the agreement were loaded to include payment for annual leave. FWA refused to approve the agreement on the basis that the annual leave provisions contravened […]

Hull-Moody Finishes Pty Ltd Enterprise Agreement

Full bench allows hourly cash out of annual leave http://www.fwa.gov.au/decisionssigned/html/2011fwafb6709.htm In this case, the employer appealed against an earlier decision of FWA in which an application for approval of an enterprise agreement was refused because the rates of pay in the agreement were loaded to include payment for annual leave. FWA refused to approve the […]

Full Bench discussing procedural considerations in rolling out an Agreement

A Full Bench of FWA dismissed an appeal by the NTEU against an earlier decision of Fair Work Australia to approve the UNSW (Professional Staff) Enterprise Agreement 2010. The union appealed the agreement approval decision on what the commission described as ‘every conceivable point’. The union argued the employer failed to take all reasonable steps […]

NTEU v Uni of NSW

http://www.fwa.gov.au/decisionssigned/html/2011fwafb5163.htm Full Bench discussing procedural considerations in rolling out an Agreement A Full Bench of FWA dismissed an appeal by the NTEU against an earlier decision of FWA to approve the UNSW (Professional Staff) Enterprise Agreement 2010. The NTEU appealed the agreement approval decision on what FWA described as ‘every conceivable point’. The NTEU argued the […]

Fresarm Enterprise Agreement

Fresarm Pty Ltd Enterprise Agreement 2011 FWA reminds employers to ensure they adopt good processes in rolling out proposed agreements In this case the employer, in rolling out the proposed agreement to employees, used a letter to explain the terms of the agreement (section 180(5)). This letter was found to be deficient in that it […]

FWA reminds employers to ensure they adopt good processes in rolling out proposed agreements

In this case the employer, in rolling out the proposed agreement to employees, used a letter to explain the terms of the agreement (section 180(5)). This letter was found to be deficient in that it did not explain some award conditions employees would be forgoing. The Deputy President stated that, in her view, access to […]