Posts

AWU v Woodside

Business as usual during bargaining The Australian Workers’ Union v Woodside Energy Limited [2012] FWA 4332 (30 MAY 2012) Just because an employer is bargaining with a union or employees doesn’t mean changes to the business affecting employees can’t be made. Many organisations assume that once negotiations for an agreement start, especially where good faith […]

Business as usual during bargaining

Just because an employer is bargaining with a union or employees doesn’t mean changes to the business affecting employees can’t be made. Many organisations assume that once negotiations for an agreement start, especially where good faith bargaining orders are contemplated, that nothing in the workplace can change, that changes would undermine the bargaining process. Not […]

AIPA v FWA

Unequal opposite reaction Australian and International Pilots Association v Fair Work Australia [2012] FCAFC 65 (10 May 2012) The old adage in physics, ‘to each action there is an equal and opposite reaction’ doesn’t apply in enterprise bargaining disputes. A full bench of the Federal Court has rejected the pilots’ union claim that Qantas overreacted […]

Unequal opposite reaction

The old adage in physics, ‘to each action there is an equal and opposite reaction’ doesn’t apply in enterprise bargaining disputes. A full bench of the Federal Court has rejected the pilots’ union claim that Qantas overreacted to industrial action last year when Qantas grounded the fleet. The pilots’ union, AIPA, told the court that […]

Endeavour Coal v APESMA

http://www.fwa.gov.au/decisionssigned/html/2012fwafb1891.htm 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 […]

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, […]

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 […]

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 […]