Posts

Competitors Oblige Agreement Termination

What to do with an agreement with generous conditions when your competitors keep beating you on all your tenders? This problem faced a company that found earlier largesse was coming back to bite as more players entered their patch, leaving them behind.

Intimidation, or just stating plain facts?

When a services company was faced with a mining operator’s ultimatum to reduce costs or lose the contract, it acted.  It decided that without a reduction in wage rates, penalties, and overtime entitlements (to apply only to new recruits), the contract would be lost.

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 […]

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 […]

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 […]

Shiftworkers, extra week of leave, the NES and agreements

Shiftworkers are generally entitled to an extra week’s annual leave. The National Employment Standards (NES) provides for it and it is also included in modern awards. The NES allows awards to further define what constitutes shiftwork for the purposes of the NES. So for example, in an award the definition might say a shiftworker is […]