Category Archives: Uncategorized

Enterprise Agreement Bargaining: Do Unresolved Issues Matter After a Majority Vote? 

A recent Full Federal Court ruling confirmed that once employees approve an enterprise agreement, bargaining officially ends—even if unresolved issues remain. What does this mean for employers? Learn how to secure a strong ‘YES’ vote and avoid post-approval disputes.

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The Fair Work Commission’s Take on ‘Agreement in Writing’ 

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.

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Show of Hands Doesn’t Stack Up: When Voting Procedures Fail the Fair Work Test

A 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.

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Can Casual Employees Vote on an Enterprise Agreement? 

Can 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.

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How Daylight Saving Time Affects Overnight Pay

With 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.

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Successful Vote Decisive Despite Absence of Good Faith Bargaining – For Now

In 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.  

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Employer PABO non-compliance not deliberate but still attracts $45,000 fine

Employer 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…

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“It’s not about the convenience of the Commission”-  PABO timing must be expeditious and practicable. 

“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. …

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