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 […]
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 […]
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 […]
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 […]
http://www.fwa.gov.au/decisionssigned/html/2011fwaFB2668.htm Meeting GFB obligations not required for agreement approval (unless scope order in place) 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 […]
In this case the CEPU appealed a decision that precluded them from organising or assisting an employee of a company from engaging in industrial action after an agreement was made but before it was approved by FWA. The union did not contest they were attempting to organise industrial action. The union argued the industrial action […]
FWA Full Bench finds a union has no right to protected industrial action once an agreement is “indisputably made” by employees but not yet approved by FWA www.fwa.gov.au/decisionssigned/html/2011fwafb1724.htm In this case the CEPU appealed a decision that precluded them from organising or assisting an employee of a company from engaging in industrial action after an […]
A party must be ‘genuinely trying to reach agreement’ on each ‘proposed agreement’ to get protected action up. http://www.fwa.gov.au/decisionssigned/html/2009fwa1774.htm The parties (John Holland Rail Pty. Ltd, The Australian Rail, Tram and Bus Industry Union and the Australian Workers’ Union) were engaged in enterprise agreement negotiations for a single agreement to replace three existing agreements over […]
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
Mobile: 0419 401 702
Email ross@workrelations.com.au
L3, 97 Pacific Hwy
North Sydney
Australia