AMWU v UGL Resources

http://www.fwa.gov.au/decisionssigned/html/2011fwafb4777.htm A party must have organised, or be organising, industrial action in order for it to be ordered by FWA to stop doing so In the first instance FWA 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 […]

The wearing of campaign clothing is permissible protected industrial action

The union (Australian Nurses Union, Victorian Branch) applied to FWA for a protected action ballot. The employer (Mornington Peninsula Shire Council) did not oppose the application although they contended that one of the questions on the proposed ballot was not “industrial action” and therefore could not properly be included in the list of ballot questions. […]

ANF (Vic) v Mornington Peninsula Shire Council

http://www.fwa.gov.au/decisionssigned/html/2011fwafb4809.htm The wearing of campaign clothing is permissible protected industrial action The union (Australian Nurses Union, Victorian Branch) applied to FWA for a protected action ballot. The employer (Mornington Peninsula Shire Council) did not oppose the application although they contended that one of the questions on the proposed ballot was not “industrial action” and therefore […]

NUW v Patties

Hyperlink to NUW v Patties It is not capricious to provide advice to non-union reps in response to a union letter seeking information from reps The negotiations at Patties for an agreement involved the NUW, the employer and some non-union employee bargaining representatives. During the bargaining process the NUW sent a letter to the non-union […]

Union official can be bargaining representative even if union not covered

Bill Tracey, Assistant Secretary of the MUA (Maritime Union of Australia) in Western Australia sought bargaining orders to the effect that Technip recognise his status as an appointed bargaining representative of employees. The employees were casuals employed on ROVs (remotely operated sub sea vehicles) in the offshore oil and gas industry. The MUA does not […]

JJ Richards v TWU

 http://www.fwa.gov.au/decisionssigned/html/2011fwafb3377.htm No need for a union to bargain in good faith before they initiate strike action A Full Bench of Fair Work Australia has confirmed that protected industrial action ballots can be granted in circumstances where an employer has not agreed to bargain and there is no majority support determination in place. Protected industrial action […]

No need for a union to bargain in good faith before they initiate strike action

A Full Bench of Fair Work Australia has confirmed that protected industrial action ballots can be granted in circumstances where an employer has not agreed to bargain and there is no majority support determination in place. Protected industrial action ballot orders will generally be made if the applicant is genuinely trying to reach agreement with […]

No paid leave for bargaining

In this decision, a self-appointed bargaining representative sought bargaining orders against Victoria Police, arguing that because agreement negotiations were scheduled during working hours, he could not attend without being paid and the employer’s refusal to provide paid leave to attend meetings disadvantaged him by preventing him from being able to participate fully in the negotiations. […]