Devil (and the Dollars) in the Detail

Two cases decided within a week of each other highlight how important drafting of enterprise agreements is. Both cases involved argument about what the agreement clauses meant, and in both, the employer lost out, having to pay for lax drafting. The first involved an argument about Latin. The agreement used the term “i.e.” which of […]

Wrong Explanation of EBA’s Effect Kills Deal

When a large mining operator made a new agreement with a small number of employees, it focussed almost entirely on explaining to them the differences between the new deal and the existing agreement. So much so that in answer to the crucial question about the proposed agreement, “Are there any terms less beneficial to the […]

Sign Here or Else!

Once again the fine print around agreement-making has caused angst for an employer and employees because of a technicality in the approval process. And the Commissioner who had to deliver the bad news, expressed regret that she couldn’t waive the minor irregularity and approve the deal. The Fair Work Act, coupled with its regulations, requires […]

No employees working, but agreement still OK

The High Court has given the green light to an enterprise agreement even though the employees had not actually started at a new work site, after the company appealed a full federal court decision disallowing the agreement. The orthodox way to establish an agreement before opening the doors to trade, is to do an agreement […]

Non-permissible Claim Halts Protected Action Ballot

When a major union continued to pursue demands about restrictions on the use of contractors, it effectively ceased to bargain in good faith, the Fair Work Commission has found. This meant the FWC could not grant the union members a protected action ballot. The controversial claim being pursued was centred on imposing restrictions on the […]

Expired EBA Cancelled During Bargaining

After a year of stalemate in EA bargaining, a major employer has succeeded in cancelling its existing agreement, bringing employees back under the award. While it gave undertakings to preserve key existing benefits for employees, that promise is only good for six months. After that, all bets are off. The Fair Work Commission heard evidence […]

Pay Increases Still in the Doldrums

The strange economic contradiction of low unemployment and low wage rises continues. In the space of two days, both the Bureau and Statistics and the Commonwealth Department of Employment published compelling figures showing wage increases at record lows. Governor of the Reserve Bank of Australia, Philip Lowe, has expressed the view recently that wages could […]

Is the novelty of Enterprise Bargaining Agreements wearing thin and at what risk to corporations?

It is 25 years since enterprise bargaining was established as the preferred way to regulate Australian workplaces. Hundreds of thousands of agreements have been signed, with employers and employees eagerly seizing the opportunity to have a direct say in what goes on in the workplace. But has the novelty worn off and is the game […]