Ahead of a full bench hearing next month, the ACTU says the FWC should grant the SDA's landmark supported bargaining application because it meets the key "common interests" prerequisite, while McDonald's argues that its franchisees don't meet the criteria.
The FWC's edginess over small-cohort deals has come to the fore again after a member exercised his discretion to allow unions to insert themselves in the approval process for an agreement voted up by three workers, despite having no standing as bargaining representatives.
Unprotected industrial action undermines collective negotiations because it is "directly contrary" to the Fair Work Act's bargaining regime, Deputy President Gerard Boyce has held in his reasons for finding the UWU's "unlawful" picketing of Woolworths distribution centres breached its good faith bargaining obligations.
In a decision tackling an overlooked need to issue protected action ballot orders reflecting a shift to multi-employer bargaining at Sydney Trains and NSW Trains, the FWC has chastised the employers for seeking an additional technical step serving "no purpose" other than to bring about a delay.
A FWC full bench has approved a landmark multi-employer supported bargaining agreement covering more than 60 employers in the early childhood education and care sector, putting more than 12,000 employees in line for a 15% pay rise over two years.
Rail unions are urgently seeking renewed authorisation for festive season protected action at Sydney Trains and NSW Trains, after the Federal Court last night acceded to the employers' bid to temporarily declare unlawful bans to take effect this morning.
The FWC has ordered the UWU to stop "unlawful picketing" that is blocking access to four distribution centres that supply Woolworths, finding it has undermined the union's good faith bargaining obligations.
The FWC has thrown out an agreement approval application because a "show of hands" vote counted by a manager failed to ensure confidentiality, but has confirmed such ballots are permissible.
The SDA is calling on the FWC to use its powers to unilaterally amend a proposed Sephora agreement if it refuses to provide undertakings tackling an allegedly "diabolical" overtime pay freeze it contends the beauty retailer did not explain to workers.
A further same-job, same-pay test case is looming, after the nation's largest meat processor told the FWC that the AMIEU must make 10 separate applications for its 10 abattoirs across the country, rather than the single, omnibus bid it has submitted.
