Posts

No to annualising LSL

The Inco agreement included a clause that incorporated into salaries an amount in respect of long service leave and extinguishing entitlement to long service leave or long service leave payments on termination. Intervening unions argued this was in contravention of section 55 of the Act as the clause is “detrimental” to employees’ rights pursuant to […]

The Australian Institute of Marine & Power Engineers v Inco Ships Pty Ltd

FWA Full Bench does not allow the buying out (annualising) of LSL as part of an enterprise agreement. http://www.fwa.gov.au/decisionssigned/html/2011fwafb1537.htm The Inco agreement included a clause that incorporated into salaries an amount in respect of long service leave and extinguishing entitlement to long service leave or long service leave payments on termination. Intervening unions argued this […]

Hunter 8 Alliance, New South Wales Agreement 2009

A party must be ‘genuinely trying to reach agreement’ on each ‘proposed agreement’ to get protected action up. http://www.fwa.gov.au/decisionssigned/html/2009fwa1774.htm The parties (John Holland Rail Pty. Ltd, The Australian Rail, Tram and Bus Industry Union and the Australian Workers’ Union) were engaged in enterprise agreement negotiations for a single agreement to replace three existing agreements over […]

Commission sets approval guidelines

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 with the SDA and covered approximately 80,000 employees […]

To be protected you need to be genuinely trying

The parties (John Holland Rail Pty. Ltd, The Australian Rail, Tram and Bus Industry Union and the Australian Workers’ Union) were engaged in enterprise agreement negotiations for a single agreement to replace three existing agreements over approximately 12 months. The employer eventually put a proposed agreement to employees to vote upon and employees voted against […]