Posts

AMWU v Graham Group

Employers need to be careful of engaging in funny business with employee bargaining representatives http://www.fwa.gov.au/decisionssigned/html/2011fwa6326.htm The AMWU sought bargaining orders against the Graham Group and an employee representative, alleging that the Graham Group had failed to attend and participate in meetings at reasonable times, failed to respond properly to proposals in a timely manner and […]

No need for a union to bargain in good faith before they initiate strike action

A Full Bench of Fair Work Australia has confirmed that protected industrial action ballots can be granted in circumstances where an employer has not agreed to bargain and there is no majority support determination in place. Protected industrial action ballot orders will generally be made if the applicant is genuinely trying to reach agreement with […]

JJ Richards v TWU

 http://www.fwa.gov.au/decisionssigned/html/2011fwafb3377.htm No need for a union to bargain in good faith before they initiate strike action A Full Bench of Fair Work Australia has confirmed that protected industrial action ballots can be granted in circumstances where an employer has not agreed to bargain and there is no majority support determination in place. Protected industrial action […]

No need to act in good faith to get agreement approved!

In this decision, Ai Group appealed a decision of O’Callaghan SDP to refuse to approve an enterprise agreement on the basis that the parties had not complied with the good faith bargaining requirements. O’Callaghan SDP found that the enterprise agreement could not be approved, relying on section 187(2) of the Act which requires FWA to […]

Philmac Pty Ltd

http://www.fwa.gov.au/decisionssigned/html/2011fwaFB2668.htm Meeting GFB obligations not required for agreement approval (unless scope order in place) In this decision, Ai Group appealed a decision of O’Callaghan SDP to refuse to approve an enterprise agreement on the basis that the parties had not complied with the good faith bargaining requirements. O’Callaghan SDP found that the enterprise agreement could not […]

Contracting clauses can be in agreement

ADJ Contracting applied for approval of an enterprise agreement. Ai Group and the ABCC opposed approval of the agreement because of concerns that it included unlawful terms that could not be included in an agreement under section 186 of the Fair Work Act 2009. The clauses in dispute required contractors to be engaged on terms […]

ADJ Contracting Enterprise Agreement

http://www.fwa.gov.au/decisionssigned/html/2011fwa2380.htm Contracting clauses can be in agreements ADJ Contracting applied for approval of an enterprise agreement. Ai Group and the ABCC opposed approval of the agreement because of concerns that it included unlawful terms that could not be included in an agreement under section 186 of the Fair Work Act 2009. The clauses in dispute […]

McDonalds Australia Pty Ltd v SDA

FWA sets some guidelines for agreement approval http://www.fwa.gov.au/decisionssigned/html/2010fwafb4602.htm McDonalds appealed against a decision of McKenna C of FWA refusing to approve the McDonalds Australia Enterprise Agreement 2009, on grounds including that the pre-approval steps had not been complied with and the agreement did not pass the no-disadvantage test. The McDonalds agreement was made in collaboration […]