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.
ALDI has secured a stay on a full Federal Court order overturning the approval of a controversial enterprise agreement covering employees at its new distribution centre in South Australia until its application for special leave to the High Court is determined later in the year.
A full Federal Court majority has acceded to an SDA bid to overturn the approval of an ALDI deal, finding the FWC failed to establish that it was genuinely agreed and mistakenly held that a "make good" clause created an enforceable right to payments equal to or above those in the award.
The FWC terminated protected action at airports because suspension would have provided a "non-permanent conclusion" to the long-running bargaining dispute between the CPSU and the Department of Immigration and Border Protection.
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