The FWC has stayed the termination of the enterprise agreement for the Loy Yang power station and coal mine, conditional on CFMEU members refraining from taking any further industrial action until the appeal is decided.
The FWC has approved an agreement for a franchisee of fast food chain Oporto, after it gave undertakings to lift its base rates of pay by up to a "remarkable" 26%, leaving employees more than 20% better off than under the award.
It would have been preferable for an FWC member to have provided brief reasons for refusing to hear a non-party union's arguments against approval of an enterprise agreement, and she should have acceded to its request for access to the employer's statutory declarations, a full bench has found.
The CFMEU expects to lodge an appeal early next week against yesterday's FWC decision to terminate the agreement for AGL Loy Yang's power station and coal mine because of the "intractable" bargaining dispute between the parties.
The FWC has approved an enterprise agreement despite its "grave reservations" about the appropriateness of the company's ER manager obtaining a list of employees who abstained from the ballot for the deal and questioning them about their vote.
The FWC has chastised an employer for distributing a "partisan" majority support ballot notice that discourages employees from voting to start bargaining.
Anglo Coal is facing a seven-figure backpayment, after the High Court refused to grant it special leave to appeal a finding that a subsidiary breached its enterprise agreement by failing to pay employees correctly when they cashed-out personal/carer's leave.
An FWC presidential member has approved a bakery franchise agreement with undertakings, while emphasising that the BOOT involves a "balancing exercise" rather than a line-by-line comparison with underlying awards.
An FWC full bench has confirmed the Commission must consider the most current material available when determining whether a majority of employees want to bargain for an enterprise agreement.
A full Federal Court majority has acceded to an SDA bid to overturn the approval of an ALDI deal, finding the FWC failed to establish that it was genuinely agreed and mistakenly held that a "make good" clause created an enforceable right to payments equal to or above those in the award.
