Tag Archives: collective bargaining

Australia: The right to vote – casual academics and enterprise bargaining

In brief Two recent decisions have provided some important guidance on the obligation for employers to include, or not include, casual employees in enterprise bargaining processes under the Fair Work Act 2009 (Act).1 These cases are of particular relevance to … Continue reading

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Filed under Jurisdiction: Australia, Trade unions and works councils

Australia: Employers do not need to hold out for legislative change to activate useful enterprise bargaining levers

In recent weeks, we’ve seen a very familiar industrial relations dynamic play out in the media. Imminent strike. Employees demand higher wages. Employer offers a 2.5% increase. Employees reject the offer because similar interstate roles receive higher pay. Employer claims that … Continue reading

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Filed under Jurisdiction: Australia, Trade unions and works councils

Australia: Full Bench in Aurizon turns tide on enterprise agreement terminations

In brief A recent decision of the Full Bench of the Fair Work Commission has overturned previous authority and rejected the notion that it will generally be inappropriate to terminate an expired enterprise agreement during bargaining. Rather, the Full Bench … Continue reading

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Filed under Jurisdiction: Australia

Spain: Expired collective bargaining agreement may remain applicable

The Spanish Supreme Court’s judgment of 22 December 2014 has recently been published, establishing binding legal precedent with regard to the extended application of collective bargaining agreements (known as ultractividad) and the impact on employment relationships of the expiry of a … Continue reading

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Filed under Contracts of employment, Jurisdiction: Spain

Australia: Enterprise bargaining – recent trends and issues

  In brief Two issues relating to collective bargaining – the variation of enterprise agreements and requirements relating to the content of notices of employee representational rights – are currently before the Federal Court and the full bench of the … Continue reading

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Filed under Contracts of employment, Employment law reforms, Jurisdiction: Australia

Spain: Simplification to collective consultation processes where multiple places of work involved

Amendments have been made to core aspects of the employment law reforms implemented in 2012 with regard to certain collective consultation processes. The amendments are aimed at making the process simpler and quicker. The 2012 reforms caused numerous problems with … Continue reading

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Filed under Employment law reforms, Jurisdiction: Spain

Australia: complexity and risk for employers under the Fair Work Act’s bargaining regime continues

Summary Herbert Smith Freehills is pleased to present our fourth volume of ‘Bargaining under the Fair Work Act’. The paper examines the most recent (financial year 2012-2013) developments in relation to Australia’s collective bargaining regime. What is clear from the … Continue reading

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Filed under Employment law reforms, Jurisdiction: Australia

Spain: Extension of the initial duration of collective bargaining agreements

Law 3/2012, enacted on 8 July 2012, amended article 86.3 of the Spanish Workers' Statute. According to that amendment, if one year elapses from the moment a collective bargaining agreement has been challenged, without a new collective bargaining agreement having … Continue reading

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Filed under Jurisdiction: Spain, Trade unions and works councils

UK: Collective agreement clause could not be construed as giving employer choice of two pay rates

Overturning the EAT, the Court of Appeal has construed a contractual clause in a collective agreement, which provided that the employer would increase pay by one of two possible percentages, as requiring the employer to pay the higher of the … Continue reading

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Filed under Contracts of employment, Jurisdiction: UK

Australia: Leverage and the Collective Bargaining Equation

Collective bargaining is a central feature of employment regulation in Australia. Almost 20 percent of Australian workers are covered by collective bargaining agreements (or ‘enterprise agreements’). Indeed, the law mandates collective bargaining where the majority of employees so decide. Most … Continue reading

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Filed under Jurisdiction: Australia, Trade unions and works councils