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 be satisfied that approving the enterprise agreement would not be inconsistent with or undermine good faith bargaining for a proposed enterprise agreement in relation to which a scope order is in operation. In this case, there was no scope order in operation. A Full Bench of FWA upheld the appeal, confirming that section 187(2) only applies where there is a scope order in operation.
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Ross Clarke has more than a decade’s experience in the enterprise bargaining room.
The knowledge and skill he has acquired in this time has enabled him to develop a highly sophisticated planning and process model for successful enterprise bargaining. This proven methodology delivers results across all industries including distribution, hospitality, banking, retail, manufacturing, telecommunications and gaming.
“Ross’s knowledge of industrial relations and his ability to understand how and when to communicate internally with government; and with the media were instrumental in guiding the Association’s successful response to the campaign.”
Patrick Griffin OAM, Australian Hotels Association
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