Employers relying on the General Construction Award might have to start paying thousands of civil construction workers overtime instead of shift penalties, after the FWC held that shiftwork rates only apply if they continue the work of others on the same project, for the same client and contract.
An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.
"Potentially misleading" claim delays Subway agreement; Setka's CFMMEU takes legal business to Maurice Blackburn; Holiday sweetener seals public sector deal.
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.
An employer's advice to workers ahead of bargaining that they would be out of a job and in labour hire if the CEPU negotiated a new deal was "forceful" but adequately presented them with a choice of a union or non-union agreement, the FWC has held.
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.
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.
