The FWC has held that an agreement negotiated with two train drivers but set to cover an entire transferred workforce on the Roy Hill Pilbara mine network was not genuinely agreed, but it is asking whether this is a minor error that can be dealt with via an undertaking, "odd as that may be".
The FWC has used new legislation permitting it to overlook minor technical or procedural errors in agreements to endorse an enterprise deal with a bargaining notice that failed to comply with the Act's pre-approval requirements.
Unregistered retail union RAFFWU has today questioned Woolworths' decision to display a bargaining notice on physical noticeboards rather than its electronic or "point of sale" systems, during an FWC hearing into its bid to quash the approval of a new deal and clear the way for a $1 billion backpay claim.
RAFFWU is challenging the approval of a Kmart deal that won overwhelming endorsement from workers, claiming a refusal to provide an opt-out of the retail industry superannuation fund and 1c above-award pay rates will mean it fails the better off overall test.
In a decision further clarifying the "minor procedural or technical errors" that can be overlooked in approving agreements, the FWC has rejected a deal capturing employees not contemplated at the time bargaining notices were issued, despite their subsequent involvement in voting it up.
A full Federal Court has upheld a finding that retailer Aldi issued invalid bargaining notices because it failed to strictly follow the mandatory content requirements when it replaced "employer" with "leader".
A senior FWC member has flagged a potential "revolution" in the way the tribunal assesses agreements should a full bench review being sought by IR Minister Kelly O'Dwyer find weight must be given to indirect as well as direct discriminatory terms.
The FWC has approved a Melbourne fire brigade agreement after it accepted undertakings that override terms that hindered workers going part-time and allowed their union to block flexible working arrangements, while a challenge is still on foot to an earlier finding that discriminatory deals can still get up.
The CEPU has launched a full-frontal attack on electrical contractors' efforts to secure a multi-enterprise agreement, claiming employers in other industries might use their actions as a "blueprint" to use the Fair Work Act to their advantage before the federal election.
Employer denied natural justice over late agreement: Bench; FWC upholds Coles' harassment sacking; Victorian gig economy inquiry extends submission deadline; and half million dollar safety fine for Patrick over threats to workers.
