The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.
The CFMMEU has been lashed for its role in delaying the approval of a three-worker agreement replacing an expired deal, the FWC questioning whether it was pursuing an "agenda" rather than assisting the tribunal as required under the relevant legislative provisions.
The FWC is seeking fresh evidence as to whether the Uniting Church fairly carved out a group of Wesley Mission workers to be covered by a new deal after a larger cohort rejected an earlier offer, while the nurses' union has refused to sign the "unworthy" agreement.
Approving a deal that lacks RDO and TOIL provisions contained in the retail award, a senior FWC member has warned the Better Off Overall Test would become "mired in speculation on subjective and unquantifiable matters" if he had to factor in the personal preferences of each employee.
The ASU and Virgin Australia have clashed over the former's bid for a majority support determination to open the way for bargaining, the union alleging the airline's organisational structure intentionally impeded the process.
The major aviation services company Aerocare will continue to seek approval for a new enterprise agreement after the FWC agreed to terminate an underlying 2012 agreement, with the consequence that employees will be entitled to award coverage.
With the FWC about to redetermine a non-union Latrobe Valley power industry deal made with a handful of employees, the CFMMEU has lodged an urgent challenge to a decision denying it a protected action ballot order on the basis it was too late to propose an alternative, union deal.
Unions have hit out at an employer workshop on taking advantage of the Victorian union movement while it is "on the back foot" by tearing up restrictive clauses and legacy issues negotiated when they reputedly "held all the cards".
In a decision probing the practical application of natural justice and procedural fairness principles in a public transport provider's disciplinary process, the FWC has held that it fell short in concluding that a tram driver tried to "wilfully mislead" an investigation.