Who is Eligible to Vote on an EBA?

National Tertiary Education Industry Union v Swinburne University of Technology [2015] FCAFC 98 (17 July 2015) The tricky question of who to include in an enterprise agreement ballot has been answered by a full bench of the Federal Court, in a case involving casual employees. The problem has been around since the beginning of enterprise […]

Timing of Orders Crucial to Protected Action

Australian Mines and Metals Association Inc v The Maritime Union of Australia [2015] FCA 677 (3 July 2015) When a union failed to comply in good time with an interim bargaining order issued by the Fair Work Commission, it did not mean that subsequent industrial action was unprotected, according to the Federal Court. The union […]

Gilding the Lily Just Part of the Game

s185 application for approval of a single-enterprise agreement, Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance [2015] FWC 1554 (6 March 2015) When a large coal miner warned employees that failure to accept an enterprise agreement might see them unemployed, it was not engaging in behaviour which undermined the employees’ ability to genuinely […]

Negotiate in good faith, or be told to

APESMA v Peabody Energy Australia Coal Ltd [2015] FWCFB 1451 (3rd March 2015) When a large energy company was approached by a union to make an enterprise agreement, the company made the mistake of saying it didn’t want an agreement of any sort, that the employment contracts it used with staff were enough regulation. As […]

‘Prohibited Matter’ Claim not a Deal Breaker

Esso Australia Pty Ltd v AMWU, CEPU and AWU [2015] FWCFB 210 (10 February 2015) Just because non-permitted matters are contained in bargaining claims does not mean a party is not genuinely trying to reach agreement, a senior Fair Work full bench has found. This apparent contradictory view came about as a result of an […]

Inconvenient Industrial Action Too Bad

Australian Rail, Tram and Bus Industry Union v Aurizon Operations Limited and Australia Eastern Railroad Pty Ltd [2015] FWC 766 (3 February 2015) An employer has failed to persuade the Fair Work Commission (FWC) to place a restraint on the type of industrial action its employees could take, agreeing with the union that industrial action […]

Going to the Media With Company Information Not Protected Action

Ambulance Victoria v United Voice [2014] FCA 1119 (17 October 2014) Some employees thought it would be a good idea to give the media damaging data about their employer’s capability during protected industrial action, in order to turn up the heat. However their plan was thwarted by the Federal Court which decided their intentions fell […]

Gift Giving for Non-Strikers OK

Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd [2014] FCA 239 When some employees of a door manufacturer refused to participate in strikes organised by the CFMEU, their employer’s reward for their loyalty and hard work with gift vouchers was not adverse action taken against the strikers, according to the Federal […]