Philmac Pty Ltd

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 […]

Contracting clauses can be in agreement

ADJ Contracting applied for approval of an enterprise agreement. Ai Group and the ABCC opposed approval of the agreement because of concerns that it included unlawful terms that could not be included in an agreement under section 186 of the Fair Work Act 2009. The clauses in dispute required contractors to be engaged on terms […]

ADJ Contracting Enterprise Agreement

http://www.fwa.gov.au/decisionssigned/html/2011fwa2380.htm Contracting clauses can be in agreements ADJ Contracting applied for approval of an enterprise agreement. Ai Group and the ABCC opposed approval of the agreement because of concerns that it included unlawful terms that could not be included in an agreement under section 186 of the Fair Work Act 2009. The clauses in dispute […]

McDonalds Australia Pty Ltd v SDA

FWA sets some guidelines for agreement approval http://www.fwa.gov.au/decisionssigned/html/2010fwafb4602.htm McDonalds appealed against a decision of McKenna C of FWA refusing to approve the McDonalds Australia Enterprise Agreement 2009, on grounds including that the pre-approval steps had not been complied with and the agreement did not pass the no-disadvantage test. The McDonalds agreement was made in collaboration […]

Small employers can be forced to bargain too

The employer refused to bargain and in January notified employees of this. The union sought to bargain and in the hearing led evidence that six out of the eight employees sought to bargain.  The employer did not contest this evidence but argued it was not reasonable to grant the order when the only issue raised […]

ASU v Equity Valet Parking

Small employers can be forced to bargain too. http://www.fwa.gov.au/decisionssigned/html/2011fwa2036.htm The employer refused to bargain and in January notified employees of this. The union sought to bargain and in the hearing led evidence that six out of the eight employees sought to bargain.  The employer did not contest this evidence but argued it was not reasonable […]

TWU v DHL Supply Chain (Australia) Pty Limited

FWA finds an employers decision not to grant union access to lunchroom but to “allocate the rooms of their choosing” not to be an unreasonable www.fwa.gov.au/decisionssigned/html/2011fwa1417.htm The union sought access to the employer’s lunchroom on the basis the room they were normally provided to hold discussions was a manager’s office, was located in a management […]

No to annualising LSL

The Inco agreement included a clause that incorporated into salaries an amount in respect of long service leave and extinguishing entitlement to long service leave or long service leave payments on termination. Intervening unions argued this was in contravention of section 55 of the Act as the clause is “detrimental” to employees’ rights pursuant to […]