Surface bargaining won’t work

When an employer refuses to bargain with a union or employees and just says “no”, Fair Work Australia (FWA) will force the issue. A FWA full bench has made clear in a recent decision that an employer must not engage in the practice known as “surface bargaining”. This is a tactic, as its name suggests, […]

Bad Faith, Bad Outcome

If a party to enterprise agreement negotiations is found to have breached the good faith bargaining requirements, the consequences can be a lot more than a mere rebuke from the Fair Work Commission as a major cosmetics manufacturer found out. Many of the employees in this workplace were union members and relying on the union […]

Technip Oceania Pty Ltd v W. Tracey

When can a union official truly be taken to acting in their personal capacity as a bargaining representative? http://www.fwa.gov.au/decisionssigned/html/2011fwafb6551.htm The WA Assistant Secretary of the Maritime Union of Australia (MUA) was appointed as bargaining representative of ROV operators in the offshore oil and gas industry who were not eligible to be members of the MUA. […]

When can a union official truly be taken to acting in their personal capacity as a bargaining representative?

The WA Assistant Secretary of the Maritime Union of Australia (MUA) was appointed as bargaining representative of ROV operators in the offshore oil and gas industry who were not eligible to be members of the MUA. The employer refused to recognise the official as the employee’s bargaining representative on the basis that he was not […]

AMWU v Graham Group

Employers need to be careful of engaging in funny business with employee bargaining representatives http://www.fwa.gov.au/decisionssigned/html/2011fwa6326.htm The AMWU sought bargaining orders against the Graham Group and an employee representative, alleging that the Graham Group had failed to attend and participate in meetings at reasonable times, failed to respond properly to proposals in a timely manner and […]

ASU v ATO

http://www.fwa.gov.au/decisionssigned/html/2011fwa5407.htm Disclosing relevant information is diffrent to info that satisfies a union The ASU sought bargaining orders against the ATO on the basis that it had failed to provide ‘relevant information’ requested by the ASU in relation to the ATO’s claim that it could only afford a 9% wage increase over three years. FWA dismissed […]

Disclosing relevant information is diffrent to info that satisfies a union

The ASU sought bargaining orders against the ATO on the basis that it had failed to provide ‘relevant information’ requested by the union in relation to the ATO’s claim that it could only afford a 9% wage increase over three years. Fair Work Australia dismissed the claim finding the ATO had provided significant relevant information […]

You can’t stop what isn’t happening

In the first instance, Fair Work Australia ordered the AMWU to “not organise any industrial action by employees or delegate employees or any of them and to not aid, abet counsel, procure, induce or authorise its members or any other employees or delegate employees to engage in industrial action …”. This order was made by […]