FWC Scathing Attack on Zombie Agreement Employer

A hospitality industry employer has been condemned by the FWC for sitting on a 20 year old agreement which was, by any measure, seriously sub-standard to the award it displaced. The fierce censure was contained in both the FWC reasons for decision and in incidental commentary, highlighting the negative impact on employees and the gross disadvantage at which competitors of the employer were placed.

Bullying – or Reasonable Management Action?

Often in bullying cases, the FWC is called on to distil if what has occurred is reasonable management action or bullying.

‘What does the Contract Say?’– High Court

In two more judgements concerning the true nature of an employment relationship, or if there even is such a relationship, the High Court has again focussed on the original intention of the parties to answer the question. And the message is clear – what is written in the contract really matters.

Don’t push your luck when bargaining

Sometimes it’s just not the right time to be bargaining for a new enterprise agreement, so there’s a temptation to adopt spoiling tactics. But they can backfire. And if that happens, there is a real risk of enforced bargaining and a threat to reputation as well.

Trading-Off the Essence of Bargaining

Assessing the better off overall test for enterprise bargaining should focus on objectively verifiable matters and not descend into speculation about subjective or unquantifiable matters the FWC has said when rejecting union objections to a proposed agreement. The agreement had a fixed 43 hour week which the union contended eliminated the employees’ opportunities to accrue […]

Job and Not the Duties Count

When a business experiences a downturn, it is not unusual for the response to include redundancies. And when this is achieved by dispersing the duties of an employee, who is to be made redundant, among other staff who will remain, it can create some ill-will, and even claims of unfair dismissal because the work is […]

You Can’t Pick the Opposing Team

When an employee is a member of a union that is a bargaining representative for an enterprise agreement, then that employee is able to attend negotiations under the union’s umbrella. And an employer’s attempt to exclude such an employee from discussions has been thwarted by the Fair Work Commission. The employee had filed for workers’ […]

Annualised Salaries and Superannuation

The often-vexed question of exactly how much of an employee’s annualised salary is to be taken into account to calculate superannuation entitlement has been analysed by the full federal court. And it has found that the component of an annualised salary attributed to work beyond ordinary time, is not to be counted for superannuation purposes. […]