Ross Clarke
Ross Clarke has more than a decade’s experience in the enterprise bargaining room.
The knowledge and skill he has acquired in this time has enabled him to develop a highly sophisticated planning and process model for successful enterprise bargaining. This proven methodology delivers results across all industries including distribution, hospitality, banking, retail, manufacturing, telecommunications and gaming.
“Ross’s knowledge of industrial relations and his ability to understand how and when to communicate internally with government; and with the media were instrumental in guiding the Association’s successful response to the campaign.”
Patrick Griffin OAM, Australian Hotels Association
Contact Work Relations
Mobile: 0419 401 702
Email ross@workrelations.com.au
L3, 97 Pacific Hwy
North Sydney
Australia
The Australian Institute of Marine & Power Engineers v Inco Ships Pty Ltd
/in Agreement Approval /by rossFWA 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 protected action where agreement approved by employees
/in The Bargaining Process /by rossIn this case the CEPU appealed a decision that precluded them from organising or assisting an employee of a company from engaging in industrial action after an agreement was made but before it was approved by FWA. The union did not contest they were attempting to organise industrial action. The union argued the industrial action […]
Kagan Logistics Pty Ltd v NUW, NSW Branch
/in The Bargaining Process /by rossFWA Full Bench finds a union has no right to protected industrial action once an agreement is “indisputably made” by employees but not yet approved by FWA www.fwa.gov.au/decisionssigned/html/2011fwafb1724.htm In this case the CEPU appealed a decision that precluded them from organising or assisting an employee of a company from engaging in industrial action after an […]
Not protected if already covered
/in The Bargaining Process /by rossIn this case, Fair Work Australia overturned a decision of Harrison DP granting a protected action ballot order on the basis that some of the employees who would be covered by the proposed agreement were already covered by another agreement which had not yet passed its nominal expiry date. The commission found that Item 17 […]
Power Projects International Pty Ltd v AMWU
/in The Bargaining Process /by rossNo protection ballot order if any of the employees are covered by an existing agreement that has not expired. http://www.fwa.gov.au/decisionssigned/html/2011fwafb1327.htm In this case, Fair Work Australia (FWA) overturned a decision of Harrison DP granting a protected action ballot order on the basis that some of the employees who would be covered by the proposed agreement […]
Hunter 8 Alliance, New South Wales Agreement 2009
/in The Bargaining Process /by rossA 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 […]
Genuinely trying whilst a claim is unlawful
/in The Bargaining Process /by rossThe 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 […]
Riverside Textiles P/L v Textile, Clothing and Footwear Union of Australia
/in The Bargaining Process /by rossFWA FB finds union is genuinely trying to reach agreement even though employer thinks a union claim going to ROE is unlawful. http://www.fwa.gov.au/decisionssigned/html/2011fwafb1789.htm 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 […]