Motherhood Statements Best Left Out of Agreements

National Tertiary Education Union v La Trobe University [2015] FCAFC 142 (8 October 2015) When a university agreed to include a warm and fuzzy clause about avoiding redundancies and seeing them as a “last resort”, it probably didn’t think a majority federal court full bench would hold them rigidly to it. The university had exercised […]

Procedural Failures Trump Substance

Australian Municipal, Administrative, Clerical and Services Union v TAB Agents Association (SA Branch) Inc. [2015] FWCFB 3545 (17 July 2015) An appeal to a full bench of the Fair Work Commission, an enterprise agreement has been declared invalid because of procedural missteps in the lead-up to voting, rather than any intrinsic shortcoming of the terms […]

Incomplete Notice Fatal to Agreement’s Approval

Australian Maritime Officers’ Union, The v Harbour City Ferries Pty Ltd and others [2015] FWCFB 3337 (15 May 2015) Yet another enterprise agreement approval application has been dismissed by the Fair Work Commission because of inadvertence in the preparation of the Notice of Representational Rights document the employer issued. The issuing of the Notice is […]

Performance Bonus Pips Built-in Pay Rises

Mount Isa Mines Enterprise Agreement 2015 Instead of negotiating a stock standard annual pay rise style enterprise agreement, a major mining company has settled a deal based on performance pay principles. The new agreement, approved by the Fair Work Commission (FWC) does not include any guaranteed pay rises throughout its four year term. The agreement […]

Lessons for new players

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division – Queensland Divisional Branch; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)-Queensland Branch v Main People Pty Ltd [2014] FWCFB 8429 (25 November 2014) A start-up company […]

Agreements Must be Authorised

Kaizen Hospitals (Essendon) Pty Ltd v Australian Nursing and Midwifery Federation [2014] FCA 428 (2 May 2014) In a long running case, the federal court has cancelled three enterprise agreements because the person who signed them on behalf of the company was not a duly authorised representative – and Fair Work was therefore wrong to […]

Timing is Everything for Agreement Coverage

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FCA 286 (27 March 2014) A full bench of the Fair Work Commission has been overruled by the Federal Court because it speculated about the future application of an enterprise agreement when reaching a decision to reject it. The case involved a construction […]

Non-compliance with Process Continues to Frustrate

Sims E-Recycling [2013] FWC 10173 (24 December 2013)  The problem of red-tape in the process of enterprise bargaining continues to prevent the approval of agreements as FWC is also ham-strung by the rigidities of the Regulations.  In yet another case involving the Notice of Representational Rights, a company has failed in its bid to have […]