Posts

Ramsay Health v AWU QLD

The story of shiftworkers, extra week of leave, the NES and agreements Ramsay Health Care Australia Pty Ltd T/A Greenslopes Private Hospital v AWU Queensland [2012] FWAFB 4033 (29 May 2012) Shift-workers are generally entitled to an extra week’s annual leave. The National Employment Standards (NES) provides for it and it is also included in […]

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 […]

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 […]

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 […]

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 […]