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Riverside Textiles P/L v Textile, Clothing and Footwear Union of Australia

FWA FB finds union is genuinely trying to reach agreement even though employer thinks a union claim going to ROE is unlawful. http://www.fwa.gov.au/decisionssigned/html/2011fwafb1789.htm The union in this case sought protected action ballot orders against the employer, which the employer opposed. The employer argued that one of the terms the union was seeking to include in […]

Genuinely trying whilst a claim is unlawful

The union in this case sought protected action ballot orders against the employer, which the employer opposed. The employer argued that one of the terms the union was seeking to include in the proposed agreement was an unlawful term under s.194 of the Fair Work Act, because it was inconsistent with the right of entry […]

To be protected you need to be genuinely trying

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 approximately 12 months. The employer eventually put a proposed agreement to employees to vote upon and employees voted against […]