FWA gives green light to expanding union right of entry in agreements

In this case, a Full Bench of FWA upheld an appeal by the CFMEU against an earlier decision of O’Callaghan SDP refusing to approve an enterprise agreement because it included a right of entry term that permitted right of entry other than in accordance with Part 3-4 of the Fair Work Act and was therefore […]

CFMEU v Moyle Bendale Timber Pty Ltd

http://www.fwa.gov.au/decisionssigned/html/2011fwafb6761.htm FWA gives green light to expanding union right of entry in agreements Harrison SDP, Richards SDP and Roe C (13 October 2011) In this case, a Full Bench of FWA upheld an appeal by the CFMEU against an earlier decision of O’Callaghan SDP refusing to approve an enterprise agreement because it included a right […]

Galintel Rolling Mills Pty Ltd T/A The Graham Group

http://www.fwa.gov.au/decisionssigned/html/2011fwafb6772.htm Employers can add to Notice of Representation but need to be careful if doing so The Full Bench considered whether an employer can add to the statutory Notice of Representation it provides to relevant employees to initiate bargaining. In this case the Notice of Representation provided by the employer was in identical terms to […]

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 […]

Full Bench discussing procedural considerations in rolling out an Agreement

A Full Bench of FWA dismissed an appeal by the NTEU against an earlier decision of Fair Work Australia to approve the UNSW (Professional Staff) Enterprise Agreement 2010. The union appealed the agreement approval decision on what the commission described as ‘every conceivable point’. The union argued the employer failed to take all reasonable steps […]

NTEU v Uni of NSW

http://www.fwa.gov.au/decisionssigned/html/2011fwafb5163.htm Full Bench discussing procedural considerations in rolling out an Agreement A Full Bench of FWA dismissed an appeal by the NTEU against an earlier decision of FWA to approve the UNSW (Professional Staff) Enterprise Agreement 2010. The NTEU appealed the agreement approval decision on what FWA described as ‘every conceivable point’. The NTEU argued the […]

Disclosing relevant information is diffrent to info that satisfies a union

The ASU sought bargaining orders against the ATO on the basis that it had failed to provide ‘relevant information’ requested by the union in relation to the ATO’s claim that it could only afford a 9% wage increase over three years. Fair Work Australia dismissed the claim finding the ATO had provided significant relevant information […]

ASU v ATO

http://www.fwa.gov.au/decisionssigned/html/2011fwa5407.htm Disclosing relevant information is diffrent to info that satisfies a union The ASU sought bargaining orders against the ATO on the basis that it had failed to provide ‘relevant information’ requested by the ASU in relation to the ATO’s claim that it could only afford a 9% wage increase over three years. FWA dismissed […]