An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.
A class action law firm claims an underpayments case on behalf of an estimated 8200 current and former hospitality workers reveals a widespread problem of employers relying on pre-Fair Work "zombie agreements" to undercut the award
In a decision affirming the FWC's expanded ability to use undertakings to approve agreements, a controversial non-union power industry deal made with a handful of employees has been rubber-stamped despite concerns about how it was explained to those it covers.
The FWC has referred its decision to terminate a nominally-expired greenfields agreement to general manager Bernadette O'Neill to consider whether its 2014 approval relied on inaccurate statutory declarations made by the employer's managing director and a CFMMEU State leader.
In a decision emphasising the "reasonable steps" employers must take in explaining proposed agreements to workers, the FWC has refused to approve a large labour hire company's deal after a "lost opportunity" to clarify its terms and its failure to present sufficient detail about information sessions.
The FWC has ordered aerospace company Boeing to promptly deal with a tradesperson's reclassification bid, finding the company's repeated refusal to do so in breach of its enterprise agreement.
Wesfarmers subsidiary Kmart wrongly permitted new recruits to vote for its latest agreement even though they were not engaged until after the access period, according to an FWC full bench that has nevertheless quashed an earlier rejection of the deal and invited submissions on an undertaking to provide choice of super fund.
NUW deregistered, UWU out of the blocks; Wrong rate claim sinks offshore deal, Bench rules; Google no answer to getting dismissal right; and Cop's bid for early long service leave rejected.
The FWC has held that a construction giant did not breach good faith bargaining requirements by secretly making two greenfields deals with the AWU without telling other unions who believed they were jointly negotiating a project agreement.
In a decision that could have employers re-thinking standard travel and hours terms in agreements, the Federal Court has found in favour of a CFMMEU-backed class action that argued workers should be paid for transit time between security gates and their worksite.
