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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 […]

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 […]

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 […]

Farstad Shipping (The Indian Pacific) v MUA

A party can be genuinely trying to reach agreement even if you have not fully particularised its major claims. http://www.fwa.gov.au/decisionssigned/html/2011fwafb1686.htm In this case, the MUA began negotiations with the shipping industry about a log of claims. The MUA indicated it was prepared to negotiate individually with the employer on some of the matters in its […]

Genuinely Trying

In this case, the MUA began negotiations with the shipping industry about a log of claims. The union indicated it was prepared to negotiate individually with the employer on some of the matters in its industry log of claims, and three meetings were held between the union and the employer before the union sought a […]