The FWC has again thwarted major aviation services company Aerocare's long quest to replace its now-terminated 2012 agreement, finding that an updated 2018 deal still failed the BOOT despite attempts to allay split-shift concerns.
An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.
A class action law firm claims an underpayments case on behalf of an estimated 8200 current and former hospitality workers reveals a widespread problem of employers relying on pre-Fair Work "zombie agreements" to undercut the award
The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.
In a decision affirming the FWC's expanded ability to use undertakings to approve agreements, a controversial non-union power industry deal made with a handful of employees has been rubber-stamped despite concerns about how it was explained to those it covers.
The "largely invisible" non-union agreements stream that has been a distinguishing feature of Australia's IR system for more than 25 years has been all but ignored in public and academic debates over the past decade, according to leading researchers.
The FWC has referred its decision to terminate a nominally-expired greenfields agreement to general manager Bernadette O'Neill to consider whether its 2014 approval relied on inaccurate statutory declarations made by the employer's managing director and a CFMMEU State leader.
In a decision emphasising the "reasonable steps" employers must take in explaining proposed agreements to workers, the FWC has refused to approve a large labour hire company's deal after a "lost opportunity" to clarify its terms and its failure to present sufficient detail about information sessions.
The FWC has rebuffed a worker's bid to remain anonymous in opposing an employer's application to terminate an agreement, finding their concerns of "possible acrimony" did not unseat the principles of open justice.
The MUA claims to have seen off the threat of further automation and outsourcing at DP World Australia under a proposed new national enterprise agreement.
