You Can’t Pick the Opposing Team

When an employee is a member of a union that is a bargaining representative for an enterprise agreement, then that employee is able to attend negotiations under the union’s umbrella. And an employer’s attempt to exclude such an employee from discussions has been thwarted by the Fair Work Commission. The employee had filed for workers’ […]

Annualised Salaries and Superannuation

The often-vexed question of exactly how much of an employee’s annualised salary is to be taken into account to calculate superannuation entitlement has been analysed by the full federal court. And it has found that the component of an annualised salary attributed to work beyond ordinary time, is not to be counted for superannuation purposes. […]

Privacy Rules

An employer has been hit with $60,000 in damages for giving employees names to a union without the employees’ consent. The trouble started for the company during the Royal Commission into Union Corruption when it was discovered that the company had furnished employees’ names, and a cheque, to the union, during enterprise bargaining negotiations. But […]

No Cap on Bargaining Reps

While it may make good sense to keep bargaining committees down to a manageable size, arbitrarily limiting the number of bargaining representatives is not the way to go. This, along with a few other procedural flaws, resulted in an agreement being knocked back by the FWC recently, when it became clear the mistakes were too […]

Penalties and Casual Loading Confusion

A recent FWC appeal bench has dealt with the often vexed question of what rate of pay applies to casuals on overtime and other penalty-attracting situations. Agreeing with the decision made at first instance, the bench applied certain penalties to the loaded casual rate, which appears to be at odds with the raison d’etre for […]

Common Sense Returns

The Fair Work Commission has waved through an application for agreement approval despite what would once have been fatal errors in the process and paperwork. Relying on recent amendments to the Fair Work Act, the decision acknowledged errors had been made but none were of such magnitude or import to justify sending the employer and […]

Stop-work Meetings a Bargaining Loop-Hole?

When a construction company agreed to include a union meeting clause in its enterprise agreements, it clearly didn’t foresee the provision being used to create mayhem on its building sites. But that’s what happened, with the stop work meetings being used by the union to pressure the company to stop using non-union contractors on its […]

No Point in Nitpicking

Arguing about the meaning of a word in a Protected Action Ballot Order (PABO) as a means to head off protected industrial action has proved to be something of a folly for Australia’s largest telco. The Fair Work Commission has dismissed the attempt, saying that the wording of a PABO is not to be interpreted […]