Agreements and bargaining page 104 of 175

A company that relied on an FWC online calculator to notify workers of a ballot has had the resulting agreement thrown out for failing to provide the statutory seven-day access period, prompting a senior Commission member to lament his inability to "overcome what is clearly a procedural failure".

The CFMMEU has begun Federal Court action that seeks to hold John Holland and CPB Contracting vicariously liable for subcontractors' alleged underpayment of wages and entitlements on Canberra's light rail project, with the union seeking to recover $700,000 and impose penalties.

An FWC full bench has quashed a finding that BHP Coal should have kept paying or considered alternative duties for a mineworker while his driving licence was suspended, saying it would be tantamount to requiring an employer to excuse from duties but pay workers who turned up drunk.

ACTU secretary Sally McManus has today mounted a spirited defence of solidarity among union members, saying that calling a strikebreaker a "scab" is "an accurate description", while the peak body's new president said she experienced the power of unions when as 14-year-old waitress, members helped her fight back against sexual harassment by a supervisor.

The FWC has given short shrift to union applications for a protected action ballot at Kimberly-Clark Australia, finding a cancelled meeting and a week's delay in securing a new date cannot be construed as being obstructive.

Global resources giant Rio Tinto, after its recent rapprochement with unions, is "the largest and most comprehensive example" of why it makes sense to bargain with employees' representatives, according to mining union leader Tony Maher.

Protected action should be available to workers without the need for a secret ballot, according to the draft IR policy to be put to the ACTU's triennial Congress next week.

The FWC has given Workplace Minister Craig Laundy the go-ahead to put his case that the MFB agreement should be rejected because it contains discriminatory and objectionable terms and fails the BOOT.

An order requiring the NTEU to give a university more than the statutory three days' notice of protected industrial action has been quashed by an FWC full bench that found a tribunal member wrongly presupposed that any such action would be suspended by the Commission if it interfered with student exams or graduation.

Union calls for a return to industry-wide bargaining to boost workers' earnings have won the backing of the OECD, which says in its annual global employment report that negotiations across industry sectors can lead to "lower wage inequality".