Enterprise Bargaining Articles

FWC Decision on IFA’s in Awards
23/04/2013
In a safe and unspectacular decision, a Fair Work Commission (FWC) Full Bench has chosen to take a very safe position on modifying Individual Flexibility Arrangement (IFA)’s in the latest modern award review.
Recent Penalty Rates Case – What We Think
12/04/2013
The Fair Work Commission review of penalty rates in the general retail sector – it rejected any change - has thrown into relief a number of issues that have failed to be addressed. We provide our views on some of them here.
What to Expect under a Federal Liberal Coalition Government
08/04/2013
Tony Abbott and the Coalition have signalled their intent to fight the ‘WorkChoices 2.0’ tagline that the unions and Labor have given them, stating they will release their industrial relations policy in a matter of weeks.
Changes to Default Superannuation Funds
08/04/2013
The Fair Work Amendment Act 2012 includes a provision for establishing a new process for determining which funds are to be included in modern awards as default superannuation funds, for those employees who have not chosen a fund.
Are Employers Being 'Done Over' under Collective Bargaining?
23/01/2013
As a consultancy which only represents employers, we sometimes are taken aback by how many companies are ‘being done over’ in enterprise agreement negotiations.
Negotiations – Responding to threats
14/11/2012
Negotiators use a variety of tactics to achieve a result. However, is the use of “threats” a legitimate negotiating tactic, or just a sign that the person making the threat has run out of options?
How to comply with the National Code of Practice for the Building and Construction Industry?
13/11/2012
The new Guidelines, which apply to all projects that were the subject of an expression of interest or tender let for the first time on or after 1 May 2012, reflect the changes in legislation with the introduction of the Fair Work Act 2009 (FW Act).
Qantas - Should We Let the Umpire Decide?
12/12/2011
The issues at the heart of the recent Qantas bargaining dispute were not wage increases or other financial benefits for the employees involved. They ran to the heart of how Qantas would be able to conduct its future business in a challenging business environment. These were not matters that were capable of being lawfully negotiated under Work Choices – a point lost in the debate and all the disruption in the aftermath of the dispute. Our article discusses the history of arbitration in Australia - and whether the government should heed union calls for increased intervention from the "umpire".
Think Ahead - Superannuation is Increasing!
05/12/2011
As employers outside the Mining Industry find the economy tough going - Manufaturing and Retail are really in the doldrums at present due to the high value of the Aussie dollar and the impact of internet purchases - they also need to start factoring in a significant increase in their labour cost base in the not too distant future.
How Long Can Protected Industrial Action Last?
01/11/2011
In light of the recent employer response action taken by Qantas to end the protracted period of industrial action against it by unions, we highlight the uncertainty that the Federal Government’s Fair Work Act legislation can create in relation to the threat of industrial action relating to enterprise bargaining.