Tracey v Technip Oceania

Tracey v Technip Oceania Pty Ltd [2011] FWA 3509 – 13 June 2011 A union official may personally act as a bargaining representative where the union they work for does not have coverage Bill Tracey, Assistant Secretary of the MUA (Maritime Union of Australia) in Western Australia sought bargaining orders to the effect that Technip […]

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 paid leave for bargaining

In this decision, a self-appointed bargaining representative sought bargaining orders against Victoria Police, arguing that because agreement negotiations were scheduled during working hours, he could not attend without being paid and the employer’s refusal to provide paid leave to attend meetings disadvantaged him by preventing him from being able to participate fully in the negotiations. […]

Bowers v Victoria Police

FWA 2862 http://www.fwa.gov.au/decisionssigned/html/2011fwa2862.htm FWA Commissioner says there is no requirement to provide paid leave to prepare and participate in bargaining In this decision, a self-appointed bargaining representative sought bargaining orders against Victoria Police, arguing that because agreement negotiations were scheduled during working hours, he could not attend without being paid and the employer’s refusal to […]

No low paid order where agreement in place

In this decision FWA issued its first low paid bargaining authorisation. The authorisation was sought by United Voice (formerly LHMU) covering aged care employees whose work is described in the Aged Care Award 2010. United Voice informed FWA the employers listed in the application are all the residential aged care providers in Australia who are […]

United Voice Aged Care Low Paid Application

http://www.fwa.gov.au/decisionssigned/html/2011fwafb2633.htm FWA issues first low paid order but excludes those employers on agreements In this decision FWA issued its first low paid bargaining authorisation. The authorisation was sought by United Voice (formerly LHMU) covering aged care employees whose work is described in the Aged Care Award 2010. United Voice informed FWA the employers listed in […]

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 […]