The Fair Work Commission has criticised an employer representative who filed a draft enterprise agreement for approval without sufficient evidence that it had been seen or approved by employees, saying her explanations about the deficiencies "could at best be described as prevarication".
A Fair Work Commission full bench ruling has opened the door for unions to seek majority support determinations if they are eligible to represent a single employee to be covered by a proposed enterprise agreement.
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.
