An FWC full bench has made a significant decision on what constitutes new activity when making greenfields agreements, after the CFMMEU described the deal as a "a cynical, industrially incorrigible and flawed attempt to bypass bargaining with its employees and their union of choice".
A review of the 2015 amendments to the Fair Work Act's greenfields agreements provisions has rejected union pleas to axe "last offer" arbitration - despite a failure by employers to utilise it - and has recommended reducing from six months to three the "negotiating period" before the FWC can break deadlocks.
The High Court has directed an FWC full bench to re-determine whether a controversial Aldi agreement for a new distribution centre passes the better off overall test, but it has agreed with the retailer that deals covering new enterprises can extend to employees yet to work there.
In a case likely to have ramifications for hundreds of existing enterprise deals, the High Court has reserved its decision in Aldi's appeal against a decision knocking out a controversial agreement on the basis it was agreed by prospective employees not yet covered by it.
Mining giant Thiess has had a proposed enterprise agreement knocked back because it was not genuinely agreed, with the FWC finding the company chose the three employees who participated in the ballot to "manipulate" the result.