A FWC full bench has extended a CBA worker's AWA because reverting to the enterprise agreement would reduce her long service leave pay by more than $17,000, but it refused the bank's request to keep the details of the individual contract confidential.
A FWC full bench has confirmed that it can only approve enterprise agreements that include rates of pay, because their absence prevents it determining whether the deal passes the BOOT.
After overseeing three further days of negotiations, FWC member Bernie Riordan says Chevron and unions are "on the precipice" of "historical first agreements" and has urged them to accept by 9am tomorrow his recommendation to resolve the bargaining dispute or risk the settled issues "simply evaporating".
A FWC full bench has confirmed it cannot accept undertakings to cure zombie deals' BOOT-related deficiencies when considering whether to extend their life, while also refusing to take on board undertakings the tribunal recently endorsed when it transferred a 2006 Work Choices agreement.
Legal limits on the scope of bargaining mean that safety laws might provide a better avenue to address workplace climate change impacts than using enterprise agreements, according to an IR law academic.
A union involved in more than 20% of the FWC's s448A compulsory conciliation conferences since they started in June says they come with a significant "risk versus reward overlay" that threatens to derail protected action and an "urgent fix" is required.
The FWC's national practice leader for bargaining says "almost all" members are issuing directions in addition to attendance orders ahead of compulsory post-PABO conciliations and appear to be regularly making recommendations during the conferences.
The High Court has today unanimously held that Qantas took unlawful adverse action against nearly 2000 former ground crew when it outsourced their jobs at the height of the coronavirus pandemic, when their agreements were due to nominally expire.
The Fair Work Act's continuing focus on single-enterprise bargaining, along with weak underpinning awards and supported bargaining's restriction to multi-employer rather than sector-wide bargaining, will limit the new stream's capacity to achieve "decent wages" for low-paid female employees, according to leading IR academics.
The FWC has rejected the HSU's bid to extend a zombie deal for two years, backing the ASU's position in finding it failed the BOOT, and granting only a four month reprieve to negotiate a new agreement.
