Are ‘Make Good’ EA Undertakings Dead?

When an enterprise agreement has been crafted to trade base rate plus penalties to all-up rates, it has not been unusual for the Fair Work Commission to require ‘make good’ provisions before approving the deal. These usually require reconciliations between what an employee has earned under the EA and what they would have earned, had […]

Sorry, Wrong Number

Just when we thought it couldn’t get any sillier with the Notice of Representational Rights, it has. An agreement has been disallowed because the Notice issued by the employer had the wrong phone number on it, in a section of the Notice that isn’t even required to be there under the legislation. At the very […]

Multiple Deficiencies Block Agreement Approval

In battle, an honourable withdrawal is far superior to an ignominious defeat, and it’s much the same when seeking approval of an enterprise agreement. If the Fair Work Commission starts asking for major and extensive changes to an enterprise agreement in order for it to be approved, the smart money is on a quick retreat, […]

‘Make Good’ not Necessarily Good Enough

A supermarket chain has had a setback with the federal court ruling one of its enterprise agreements was not up to scratch, especially in relation to the ‘make good’ clause the agreement included. When the employer first applied for approval of its agreement, the Fair Work Commission was concerned about some of the major changes […]

Unions’ Ability to Intervene in Agreement Making Reinforced

Inco Ships v The Australian Institute of Marine and Power Engineers and The Australian Maritime Officers’ Union [2016] FWCFB 3370 (26 May 2016) Many employers think that if there are no union members in their workplace, and all the employees are their own bargaining representatives, that come time to seek approval for the enterprise agreement, no […]

Each and Every Employee Needs to Be Better Off Overall

A major retailer suffered a significant setback when its proposed nation-wide enterprise agreement was refused approval by a full bench of the Fair Work Commission. The agreement, intended to replace a range of state-based agreements, received 91.5% support at the ballot and full union support. A key feature of the agreement, which was a continuation […]

More Red Tape Woes in the Agreement Approval Process

Uniline Australia Limited [2016] FWC 2973 (13 May 2016) Most workplace relations specialists thought there was an end to the technicalities available to torpedo the agreement approval processes at the Fair Work Commission, but they were wrong. There’s more. This time, an employer did not issue the Notice of Representational Rights within 14 days of […]

FWC Votes Casuals Back In

McDermott Australia Pty Ltd v AWU, AMWU [2016) FWCFB 2222 (19 April 2016) A full bench of the Fair Work Commission has upheld an appeal against an earlier FWC decision to effectively disenfranchise a group of employees who are casuals from making an EBA with their employer (see 3 March 2016 story, Do casuals really […]