RAFFWU is challenging the approval of a Kmart deal that won overwhelming endorsement from workers, claiming a refusal to provide an opt-out of the retail industry superannuation fund and 1c above-award pay rates will mean it fails the better off overall test.
In a decision further clarifying the "minor procedural or technical errors" that can be overlooked in approving agreements, the FWC has rejected a deal capturing employees not contemplated at the time bargaining notices were issued, despite their subsequent involvement in voting it up.
A full Federal Court has upheld a finding that retailer Aldi issued invalid bargaining notices because it failed to strictly follow the mandatory content requirements when it replaced "employer" with "leader".
A senior FWC member has flagged a potential "revolution" in the way the tribunal assesses agreements should a full bench review being sought by IR Minister Kelly O'Dwyer find weight must be given to indirect as well as direct discriminatory terms.
The FWC has approved a Melbourne fire brigade agreement after it accepted undertakings that override terms that hindered workers going part-time and allowed their union to block flexible working arrangements, while a challenge is still on foot to an earlier finding that discriminatory deals can still get up.
The CEPU has launched a full-frontal attack on electrical contractors' efforts to secure a multi-enterprise agreement, claiming employers in other industries might use their actions as a "blueprint" to use the Fair Work Act to their advantage before the federal election.
Employer denied natural justice over late agreement: Bench; FWC upholds Coles' harassment sacking; Victorian gig economy inquiry extends submission deadline; and half million dollar safety fine for Patrick over threats to workers.
RAFFWU has not given up on its push for a $1 billion backpay claim for Woolworths workers, lodging an appeal this week against the retailer's new national agreement, while the FWC says a successful bid by rival retail union the SDA to axe 30 nominally expired Pizza Hut deals will have an "overwhelmingly positive" effect.
The failure of a construction company's HR team to adequately explain two proposed "baseline agreements" or provide access to relevant awards has proven fatal to their approval, the FWC finding that other issues of non-compliance could have been dealt with by undertakings.
An FWC full bench has issued guidance for the approval of enterprise agreements containing minor errors, finding that employers can give as little as four days' notice of voting and alter the text on template forms as long as workers are not disadvantaged.