A full Federal Court has taken legislative changes into account in throwing out the UFU's bid to quash a FWC full bench finding no terms had been agreed between the union and Fire Rescue Victoria upon which to base an intractable bargaining workplace determination.
A FWC full bench has decided to park its consideration of whether to bring forward the trigger for consultations in model agreement clauses after employers expressed "alarm" at the prospect of requiring it when proposing to introduce a major change rather than when they make a "definite decision".
The FWC has today refused to make a s418 anti-strike order against the RTBU, after finding a "distinct lack of evidence" that it organised a covert campaign to encourage train crew to take sick leave "en masse" that has led to serious disruption of the large parts of the Sydney passenger rail network.
Air-conditioning industry employers have continued to queue to be included in a pioneering private sector single-interest agreement cast by the AMWU as a response to "dodgy", low-paid contract work.
A full Federal Court has quashed a first-of-its-kind FWC full bench majority finding that the tribunal has the power to make a workplace determination on contested bargaining matters after an agreement has already won approval.
In a significant judgment on the statutory nature of a "proposed enterprise agreement", a Federal Court has rejected arguments that rail unions lost protection of their industrial action once the bargaining focus changed from a single to a multi-employer deal.
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.
