Dodgy clauses not enough to sink agreements

Zafiriou v Saint-Gobain Administration Pty Ltd [2013] VSC 377 (24 July 2013) Gramotnev v Queensland University of Technology [2013] QSC 158 (19 June 2013) Just because an enterprise agreement has an unlawful clause in it doesn’t mean it can’t be approved, according to a senior member of Fair Work Commission (FWC). This is so because […]

Your Vote’s in the E-Mail

Compass Group (Australia) Pty Ltd; Compass Group Remote Hospitality Services Pty Ltd T/A ESS Support Services Worldwide [2013] FWC 3160 (21 May 2013) Electronic voting for enterprise agreements, as well as using the payroll system to communicate with staff about agreements, have been found by Fair Work to meet statutory agreement-making requirements. The company has […]

Notice of Rights Wrong Again

Shape Shopfitters Pty Ltd re Shape Shopfitters Pty Ltd Enterprise Agreement 2013-2017 – [2013] FWC 3161 – 21 May 2013 Yet another Fair Work Commission decision has thrown out an enterprise agreement because of a technicality based on the Notice of Representational Rights. The Notice is prescribed by the Fair Work Act’s Regulations. In January this […]

Multi-Hire Allows Employees to Learn & Earn

Multi-Hire Allows Employees to Learn & Earn Yet another decision of Fair Work Commission has secured, for a resort and country club in Perth’s Swan Valley, a multi-hire clause in its agreement allowing employees to have two jobs. Recently there has been several Commission decisions (see below) approving this useful tool to allow employees to […]

Unions’ Minimum Start Argument Fails

Aero-Care Flight Support Pty Ltd re Aero-Care Collective Agreement 2012 – [2013] FWCA 965 – 12 February 2013 Just because a modern award requires a four minimum start for employees, it doesn’t mean the Fair Work Commission will not approve an enterprise agreement with a lesser minimum start. As one employer found out though, if you […]

Model Clause Overrides Union Friendly EA

Gladstone Ports Corporation Limited re Gladstone Ports Corporation Enterprise Agreement 2012 – [2013] FWC 305 – 14 January 2013 In this case the employer and the unions included in the EA a clause which appeared to meet the mandatory requirements for a Consultation clause. The trouble was, the clause said the employer had to consult with […]

Unlawful Term Potentially Thwarts Agreement Approval

A company has had to give an undertaking not to enforce a term of its agreement, after Fair Work Commission found it contravened a state law. Under the legislation, a term like this is called “objectionable” and is not allowed. The employer, an industrial mining and explosives products company, included a provision in its agreement […]

FWA gives green light to contracting clauses

Ai Group (supported by the Australian Mines and Metals Association (AMMA)) appealed against the approval of the ADJ Contracting Pty Ltd Enterprise Agreement 2010-2014, which was said to be the first of a series of ‘template’ agreements for the Victorian electrical contracting industry, on the basis that it contained a number of objectionable terms. A […]