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.
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.
The FWC has refused an employer's application to stop allegedly unprotected action, finding that two off-duty employees' distribution of campaign materials did not amount to industrial action because it did not alter their performance of work, or disrupt other workers.
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.
After a 17-day strike and continued picketing on Saturday despite FWC orders, workers at four Woolworths warehouses have voted up a revised offer, with pay rises of 10.5% to 12% over three years, and safeguards to ensure the company does not use a work-speed measurement tool to automatically discipline workers.
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.
Compulsory post-PABO conferences further complicate an already onerous process, with little or no benefit, the ACTU, ANMF and CFMEU have told the review of the Secure Jobs, Better Pay Act, while the Ai Group says the conferences are "often worthwhile" and can avert industrial action.
Woolworths has today made an urgent application seeking that the FWC make orders to halt striking UWU members from "blocking access" to a Melbourne warehouse and three others in Victoria and NSW that has cost the business a claimed $50 million in sales.
In a breakthrough for NSW fisheries officers seeking to carry capsicum spray while patrolling for poachers, the State IRC has refused to terminate work bans after the Department of Primary Industries failed to convince it they seriously risk depleting fish stocks.
The ETU's hard-fought campaigns for new deals with two NSW electricity suppliers have moved closer to FWC-arbitrated resolutions after the union and Endeavour Energy received a fortnight to hammer out their differences and state secretary Allen Hicks expressed hope that a Commission full bench would make an intractable bargaining determination for Transgrid "by early next year".
