The Australian Institute of Marine & Power Engineers v Inco Ships Pty Ltd

FWA Full Bench does not allow the buying out (annualising) of LSL as part of an enterprise agreement. http://www.fwa.gov.au/decisionssigned/html/2011fwafb1537.htm The Inco agreement included a clause that incorporated into salaries an amount in respect of long service leave and extinguishing entitlement to long service leave or long service leave payments on termination. Intervening unions argued this […]

Commission sets approval guidelines

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 with the SDA and covered approximately 80,000 employees […]

Drafting Errors Sink Agreement

The devil is in the detail, as the saying goes, so rushing the job of drafting is a high risk approach, as a transport operator found out when its agreement did not pass muster. The company was anxious to qualify as a preferred tenderer for work on projects which required bidders to have an enterprise […]