On August 13, 2020, 11 years after the enactment of the Fair Work Act 2009 (Cth) (the “FW Act”), Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave...more
Lots has been said recently in the press about enterprise agreement making and the approval process by the Fair Work Commission (FWC). In short, the numbers of agreements being made is down and approval times are “long”. The...more
MESSAGE FROM THE EDITOR - In this edition of the Update, we comment on the Labour Hire Licensing Act 2017 (Qld), which was recently implemented in Queensland and obliges labour hire providers to be licensed...more
At a recent industry conference, a keynote speaker talked about great outcomes a number of our clients achieved in a critical enterprise bargaining round. One observation was the importance of “patience“ – with which we...more
Employers will need to be prepared for close scrutiny of enterprise agreements that use a “small group” or “seed group” approach, following a number of recent developments in enterprise bargaining. The recent Federal Court...more
Employers are finding it harder to successfully negotiate changes to long term (and often expensive) benefits provided by enterprise agreements. In situations where economic circumstances dictate a need to reduce labour...more
In a decision handed down last week, the Fair Work Commission (FWC) has given (perhaps unintended) insight into the ever more complex process of getting an Enterprise Agreement approved. Enterprise Agreements will continue...more
Over the last 12 months, we have assisted many clients with the negotiation, lodgment and approval of enterprise agreements made under the Fair Work Act 2009 (Cth) (FW Act). Anecdotally, it appeared to us that employers were...more
Enterprise bargaining is down. That’s the big call out from the Department of Employment Report on Enterprise Bargaining February 2017. Comparing private sector agreement numbers from 2014 there is a reduction by a third...more
Are we in the beginnings of a cyclical upswing in industrial action in Australia? And if so, what does it mean for those involved in competitive tender processes? Data from the ABS indicates that the last spike in...more
Retail, like other industries, is facing challenging times. As we mentioned in our recent ‘HR Now’ blog, employers are facing a world characterised by: - continuous change – including rapid digitisation and globalisation...more
The Bargaining Coach rarely comments on decisions of courts or tribunals. Plenty of others do that. This is a rare exception. Many of you will by now be aware of the Aurizon decision where a Full Bench of the Fair Work...more
The Full Court of the Federal Court (Court) has handed down its decision in MI&E Holdings Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2015]...more