A FWC full bench has extended a mango farm's zombie agreement for one more picking season to fulfil the seasonal worker program's requirement that a single industrial instrument apply for the duration of employment, while it has found the question of whether employees are better off overall is not an "express consideration".
The FWC has given coal miner Peabody until Thursday to respond to its suggestion that it adopt "somewhat more neutrally worded" clauses in a proposed agreement that says workers are "required" to work on public holidays.
A FWC full bench has spelled out that it will not extend the term of zombie Australian Workplace Agreements due to be axed on December 7 just because it is sought by both the employer and workers.
Virgin's groundbreaking bid for an intractable bargaining declaration is "the quintessential bargaining scenario which the Parliament would have had in mind when enacting the IBD regime", it claims, while the FWC has allowed the ACTU to intervene in the case.
In a decision pointing to the circumstances under which zombie deals can survive beyond December's drop-dead date, a four-member FWC bench has extended a 2004 agreement by almost 18 months after accepting it provides "significantly" better pay than the award and that negotiations have already begun for a replacement deal.
The FWC decided this week to terminate rather than suspend industrial action at the Australian Rail Track Authority, because the parties' "entrenched" positions made it "unlikely any significant progress would be made" if it ordered a pause, according to newly-released reasons.
CFMMEU mining and energy division members have this week kicked off protected action in BHP's Queensland coal mines, sparking early sparring over the company's proposed ban on allowing workers back into their accommodation camp while on strike.
In the first test of Secure Jobs zombie-slayer provisions, a FWC full bench has refused to delay the automatic axing of a scaffolding company's 14-year-old deal after establishing that, contrary to the employer's claims, many of its workers will be better off under the award.