Ahead of a full Federal Court hearing next month of Toyota's appeal against a ruling that it breached its enterprise agreement when it pushed for changes, the FWC has found that a "no extra claims" clause in a Tasmanian energy agreement is invalid and therefore no barrier to the employer's application to vary the deal.
A five-member full bench of the Fair Work Commission has ruled that employers can validly give extra information to employees at the same time as providing them with a bargaining representation notice, as long as it doesn't form part of the notice.
The Federal Court has held that the Fair Work Commission can't refuse to approve agreements because they would undermine collective bargaining, in the latest ruling on the John Holland deal covering just three workers.
The Fair Work Commission has held that the "genuinely trying" test is not a "moral" code and has granted the MUA protected ballot orders despite accepting that an employer was "rightly aggrieved" by its bargaining conduct.
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A Fair Work Commission full bench has ruled that only employees who will immediately be covered by an enterprise agreement are entitled to vote on its approval, not employees who are likely to be covered in the future.
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The FWC has rejected two proposed enterprise agreements because the notices of representational rights provided to employees included extra information that rendered them invalid.
Toyota Australia will now have to undertake a "two-step process" to remove "uncompetitive" clauses from its enterprise agreement, after the Federal Court's Justice Mordy Bromberg this afternoon issued an injunction halting a ballot that was to open at midnight.
