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.
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.
Ahead of a major threatened rail shutdown affecting Sydney and surrounding areas from Friday, NSW Transport Minister Jo Haylen has pledged not to repeat the former Coalition State Government's strategy of dragging the dispute before the FWC.
The FWC has taken the unusual step of allowing an employer's HR manager on behalf of workers to sign off on an agreement not backed by the CFMEU's construction division, after accepting evidence that employees were "reluctant" to put their names to the deal.
In a significant ruling on what constitutes a "genuine" effort to reach agreement while bargaining, a FWC full bench has upheld a member's decision to grant a PABO to a union, despite it having met with the employer only once by the time its application came before the tribunal.
Wharfies at Qube's bulk and general ports plan to step up protected industrial action with bans and limitations this week in Melbourne, Port Kembla and Brisbane, while warning that strikes are imminent.
A FWC full bench led by president Adam Hatcher has overturned a two-month suspension of ETU strikes against Transgrid, taking the opportunity to lay out the correct approach to assessing safety commitments when considering whether protected industrial action should be stopped or suspended.
The AFP has failed to convince the FWC that the Australian Federal Police Association's "cursory" approach to providing a list of officers who wanted to continue wearing their "accoutrements and radios" while on strike at airports meant the industrial action was unprotected and should therefore be stopped.
The ETU's refusal to acknowledge that power network operator Transgrid alone dictates when emergency work is required provided the FWC sufficient reason to extend orders preventing certain protected industrial action for a further two months, according to a senior member.
The FWC has late today declined to expedite Transgrid's application for an intractable bargaining application against the ETU, after the power company last week won a two-month suspension of the union's protected action, but lost its bid to block an order for production of documents.
