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AMIEU v FWA

Right of entry not carte blanche AMIEU v Fair Work Australia [2012] FCAFC 85 (8 June 2012) Some union officials think they can choose where on the employer’s premises they can conduct union meetings. But the Federal Court has made it clear that, provided the employer makes a ‘reasonable request’ about where the meeting will take place, […]

AMIEU v Dardanup Butchering Company

http://www.fwa.gov.au/decisionssigned/html/2011fwafb3847.htm Employers can refuse access to lunchroom but need to be careful in doing so The union sought access to the company’s lunch room for the purpose of discussion with employees under section 484 of the Fair Work Act. The company instead offered the union access to the training room. The union didn’t want to […]

Baiada v NUW

http://www.fwa.gov.au/decisionssigned/html/2011fwa4096.htm Covert filming misuse of Right of Entry The employer asked FWA to act on its motion and deal with what it said was unlawful and improper conduct of the NUW and its officials in relation to the misuse of rights of entry under the Fair Work Act and specifically under orders made by FWA […]

Covert filming misuse of Right of Entry

The employer asked Fair Work Australia to act on its motion and deal with what it said was unlawful and improper conduct of the NUW and its officials in relation to the misuse of rights of entry under the Fair Work Act and specifically under orders made by the commission in relation to suspected contraventions […]

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 […]

TWU v DHL Supply Chain (Australia) Pty Limited

FWA finds an employers decision not to grant union access to lunchroom but to “allocate the rooms of their choosing” not to be an unreasonable www.fwa.gov.au/decisionssigned/html/2011fwa1417.htm The union sought access to the employer’s lunchroom on the basis the room they were normally provided to hold discussions was a manager’s office, was located in a management […]

Genuinely trying whilst a claim is unlawful

The union in this case sought protected action ballot orders against the employer, which the employer opposed. The employer argued that one of the terms the union was seeking to include in the proposed agreement was an unlawful term under s.194 of the Fair Work Act, because it was inconsistent with the right of entry […]