A recent FWC ruling confirmed that vague commitments to bargain can derail an enterprise agreement vote. Without a clear “agreement in writing”, employers risk having their agreements rejected—wasting time and resources.
Continue readingA recent FWC ruling saw NEC’s enterprise agreement rejected after a flawed “show of hands” vote failed to ensure confidentiality. Even with majority support, the lack of anonymity and procedural missteps derailed approval. Is your workplace voting process Fair Work compliant? Learn how to get it right.
Continue readingCan Casual Employees Vote on an Enterprise Agreement? The answer isn’t always straightforward. Employers must carefully manage the process to ensure compliance and avoid disputes. Learn how to manage the voting process effectively.
Continue readingA successful enterprise agreement vote hinges on confidentiality, compliance, and a fair process. By following FWC guidelines and implementing these key tips, employers can ensure a valid and transparent voting outcome.
Continue readingThe Fair Work Commission recently rejected an agreement proposed by Hawthorn Plant and Logistics Pty Ltd (HPL) due to a lack of sufficient interest and representation among voting employees.
Continue readingWith daylight saving starting on 6 October 2024, overnight workers will experience a one-hour shift forward. Even though they’ll work fewer hours, employees must be paid for the full shift based on the clock time.
Some awards include provisions for daylight saving, but if your industrial agreement is silent on the issue, payment should still be made by the clock, ensuring fair compensation.
Continue readingIn Application by SDA for a bargaining order re Sephora Australia Pty Ltd [2024] FWC 1225 (Deputy President Bell, 13 May 2024), despite finding that Sephora had not met the good faith bargaining requirements, the FWC decided not to make the bargaining orders sought by the SDA.
Continue readingEmployer PABO non-compliance not deliberate but still attracts $45,000 fine On 30 April 2024 Judge Bromwich of the Federal Court handed down the decision in Transport Workers’ Union of Australia v Cleanaway Operations Pty Ltd [2024] FCA 443, imposing a $45,000 civil penalty on an Employer that failed to supply employee information to the appointed…
Continue reading“It’s not about the convenience of the Commission”- PABO timing must be expeditious and practicable. Fair Work Commission (FWC) Deputy President Hampton’s observations in this case demonstrated the FWC’s commitment to expedience while providing clarity on the acceptable timeframe for conducting protected action ballots – a matter that has seen contention between unions and employers. …
Continue readingAn ‘access period’ Case Study – S & D Logistics Pty Ltd In a recent and notable case, the Fair Work Commission scrutinised the Enterprise Agreement process between S & D Logistics Pty Ltd and its employees, represented by the Australian Meat Industry Employees Union (AMIEU). This case highlights the complexities and at times nuances in…
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