Browsing: Agreements and bargaining

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Sub-award deal creates unfair bargaining position: SDA

The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.


Former workers captured by IBD: Bench

In a significant decision on the ambit of intractable bargaining determinations, a FWC full bench has found it has the power to require employers to backpay former workers.


Mandatory pre-strike talks are working: FWC member

A FWC presidential member has lauded the Secure Jobs' compulsory post-PABO conferences that enable the Commission to "jumpstart" and accelerate bargaining, while at the same time reducing the incentive for unions to take industrial action.


FWC member should have heeded union's concerns: Bench

A FWC bench has emphasised the tribunal's need to properly scrutinise proposed agreements in finding that a senior tribunal member failed to follow principles of open justice when refusing to provide a union with the names of applicants for a mining services deal ultimately found to be a sham.


Deal narrowly approved after casuals count

Employers with significant casual workforces have been given a guided tour of new legislative filters for assessing whether proposed deals are genuinely agreed, in a FWC decision focussing on the Fair Work Act's "employed at the time" provision.


Fire service's "disturbing" response to underpayments

A government agency has been scolded for failing to pay travel allowances after admitting that it slipped its notice that the claims had been processed manually by two firefighters, one of whom retired while the other went on extended leave.


Court makes important ruling on FIFO leave accrual

In a significant decision the ETU describes as "deeply troubling", the Federal Court has found full-time agreement-covered FIFO electricians working on a Fortescue mine project do not accrue paid leave during their monthly "rest and recreation" off-swing.


FWC directs employer to review bullying finding

In a shot in the arm for a paramedic transferred 350km away after an investigator found he bullied a female colleague, a full bench has ruled that bullying falls within a "spectrum of seriousness" and ordered the redetermination of whether he engaged in serious misconduct.


Fairness trumps damage to labour suppliers: FWC

The FWC has made SJSP orders putting WorkPac and Skilled on-hire production operators at a Glencore coal mine in line for substantial pay rises despite accepting it might make labour supply contracts "wholly unviable" and result in job losses.



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