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Enterprise Bargaining

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“IR laws top CEO concerns”

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This is The Australian’s 8 December 2022 headline. It reflects the result of its 2022 CEO Survey. We’re not surprised. It echoes the observation made in our previous blog about the new laws getting much C-suite interest....more

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Multi-employer bargaining under “Secure Jobs, Better Pay” – 10 implications for employers

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Across a range of disciplines, the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 will bring a paradigm shift. Indeed, on our count, there are thirteen new civil penalty laws aimed at employers arising from new...more

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The psychological assumption behind multi enterprise bargaining

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In our previous blog, Chris Gardner and I explained why in our view, if the Secure Jobs, Better Pay Bill was made law, it would spell the end of single-enterprise bargaining. We said this would happen because many employers...more

K&L Gates LLP

Secure Jobs, Better Pay Bill Introduced Into Parliament

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The Federal Government recently introduced the Secure Jobs, Better Pay Bill 2022 (Cth) (Bill) into Parliament, which proposes to amend the Fair Work Act 2009 (Cth) (Act) and the operation of the Fair Work Commission (FWC). ...more

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Enterprise bargaining in the new world

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As you will recall, the view of many is that enterprise bargaining in Australia has run its course. Essentially the view is that there’s little incentive for an employer to bargain (beyond avoiding harm to the business...more

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The Data That Demonstrates The State Of Play Of Enterprise Bargaining

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In a previous blog, we’ve mentioned the decline of enterprise bargaining in Australia. Some data to support this follows in this blog. Both agreement numbers and employees covered by in-term agreements are in decline....more

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Collective Bargaining: The Outlook

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In yesterday’s blog, we commented on the state of play in enterprise bargaining in Australia. So what’s the outlook for enterprise bargaining in Australia? Here’s the top 7...more

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The Collective Bargaining State Of Play (AKA Risk Management For Employers)

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A consistent theme in recent years for both employers and unions is that enterprise bargaining is broken. The genesis of enterprise bargaining in the mid 1990’s lay in its potential to generate productivity gains at a time...more

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7 Proven Ingredients In Successful Enterprise Bargaining

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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

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Enterprise bargaining: can employers still grow a forest from a few seeds?

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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

K&L Gates LLP

Strike Out! Redundancies Permitted After Strike Action

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In August 2016, workers at Anglo Amercian's German Creek coal mine in Central Queensland engaged in a protracted period of industrial action during bargaining negotiations for a new enterprise agreement. In order for mining...more

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What lies beyond enterprise bargaining?

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In 1993, the Keating government passed laws to move Australia towards a “system based primarily on bargaining at the workplace, with much less reliance on arbitration at the apex” (Laurie Brereton MP, Minister for Industrial...more

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Successful enterprise bargaining – Move from being a “price taker” to a “price maker”

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Often enterprise bargaining ends with a deal brokered in circumstances of crisis. Perhaps industrial action and a union media campaign are now viewed as too distracting or expensive. Perhaps management discontent with long...more

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