Tag Archives: Fair Work Commission (Aus)

Australia: Banking and Finance Bargaining Update

Issue #1 2017 In this edition we will discuss the Senate Committee Inquiry into corporate avoidance of the Fair Work Act 2009 (Cth), the progress of the Fair Work Amendment (Corrupting Benefits) Bill 2017 (Cth) as well as trends in … Continue reading

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal … Continue reading

Leave a Comment

Filed under Employment-related claims- procedure and form, Jurisdiction: Australia

Australia: The new NERR – another bargaining stumbling block?

From 3 April 2017, there is a new look to the most controversial form in enterprise bargaining – the notice of employee representational rights (NERR). The NERR is the form an employer must use to notify employees, when enterprise bargaining … Continue reading

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia

Australia: Full Bench upholds termination of enterprise agreement decision

The Full Bench of the Fair Work Commission's decision in CFMEU v AGL Loy Yang Pty Ltd t/a AGL Loy Yang [2017] FWCFB 1019 has preserved the decision of Deputy President Clancy to terminate AGL’s Loy Yang Power Enterprise Agreement 2012 (the … Continue reading

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia

Australia: Judicial vs. Arbitral Power – The Limits of the Fair Work Commission’s Jurisdiction

In brief A Full Bench of the Fair Work Commission (FWC) has delivered a significant decision which confirms that the FWC does not have jurisdiction to declare rights that already exist under the Fair Work Act.1 This decision is the … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia

Australia: One size plaster cast does not fit all – Navigating the pitfalls of dismissing an injured or incapacitated worker

In brief Many employers will, at some point, be faced with the difficult task of terminating the employment of an employee who has been absent from work for some time and is no longer able to perform their job due … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

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

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 universities, given … Continue reading

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia

Australia: When must an employer’s premises be available for union meetings?

The Fair Work Commission (FWC) has held that union officials have no right to enter employers premises to hold discussions with employees before their shift commences nor after their shift is completed.1 This changes the pre-existing understanding of the relevant … Continue reading

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Australia

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

Leave a Comment

Filed under Jurisdiction: Australia

Australia: Anti-bullying jurisdiction of the Fair Work Commission (FWC)

The Australian Fair Work Commission (FWC) has been faced with an interesting range of issues to consider since 1 January 2014 when it was granted the power to make orders to prevent a worker from being bullied at work. To … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Workplace culture, diversity and discrimination (including bullying and harassment)