FWA reminds employers to ensure they adopt good processes in rolling out proposed agreements

In this case the employer, in rolling out the proposed agreement to employees, used a letter to explain the terms of the agreement (section 180(5)). This letter was found to be deficient in that it did not explain some award conditions employees would be forgoing. The Deputy President stated that, in her view, access to […]

Fresarm Enterprise Agreement

Fresarm Pty Ltd Enterprise Agreement 2011 FWA reminds employers to ensure they adopt good processes in rolling out proposed agreements In this case the employer, in rolling out the proposed agreement to employees, used a letter to explain the terms of the agreement (section 180(5)). This letter was found to be deficient in that it […]

Qantas ASU Agreement

Australian Services Union (Qantas Airways Limited) Agreement 9 [2011] FWA 3632– 10 June 2011 Limitations on availability of overtime shifts for part time employees not discriminatory due to working patterns On 10 June 2011, Commissioner Raffaelli approved the Qantas ASU Agreement, despite objections from two employee bargaining representatives that terms of the enterprise agreement were […]

No need to act in good faith to get agreement approved!

In this decision, Ai Group appealed a decision of O’Callaghan SDP to refuse to approve an enterprise agreement on the basis that the parties had not complied with the good faith bargaining requirements. O’Callaghan SDP found that the enterprise agreement could not be approved, relying on section 187(2) of the Act which requires FWA to […]

Philmac Pty Ltd

http://www.fwa.gov.au/decisionssigned/html/2011fwaFB2668.htm Meeting GFB obligations not required for agreement approval (unless scope order in place) In this decision, Ai Group appealed a decision of O’Callaghan SDP to refuse to approve an enterprise agreement on the basis that the parties had not complied with the good faith bargaining requirements. O’Callaghan SDP found that the enterprise agreement could not […]

Contracting clauses can be in agreement

ADJ Contracting applied for approval of an enterprise agreement. Ai Group and the ABCC opposed approval of the agreement because of concerns that it included unlawful terms that could not be included in an agreement under section 186 of the Fair Work Act 2009. The clauses in dispute required contractors to be engaged on terms […]

ADJ Contracting Enterprise Agreement

http://www.fwa.gov.au/decisionssigned/html/2011fwa2380.htm Contracting clauses can be in agreements ADJ Contracting applied for approval of an enterprise agreement. Ai Group and the ABCC opposed approval of the agreement because of concerns that it included unlawful terms that could not be included in an agreement under section 186 of the Fair Work Act 2009. The clauses in dispute […]

McDonalds Australia Pty Ltd v SDA

FWA sets some guidelines for agreement approval http://www.fwa.gov.au/decisionssigned/html/2010fwafb4602.htm McDonalds appealed against a decision of McKenna C of FWA refusing to approve the McDonalds Australia Enterprise Agreement 2009, on grounds including that the pre-approval steps had not been complied with and the agreement did not pass the no-disadvantage test. The McDonalds agreement was made in collaboration […]