We have written previously about how sick the current enterprise bargaining system is in Australia. In our experience, the current enterprise agreement approval process is the slowest it has ever been. There are a number of reasons why this may be the case – the introduction of a ‘triage’ team who...
This includes errors concerning the requirements relating to the Notice of Employee Representational Rights. The Explanatory Memorandum to the legislation explains that the measure promotes collective bargaining because it enables the FWC to approve enterprise agreements that it would previously...
Recent political and even Reserve Bank commentary remarks upon how wages growth has stalled, although the causes attributed to it vary. What is clear is that low wages growth is not limited to the Australian economy, but is a feature of many advanced economies, including the US. Recently, Judith...
Recent decisions of the FWC reveal an ongoing conflict of approaches to approving enterprise agreements under the ‘Better-Off-Overall-Test’, or BOOT. Overturning of Beechworth Bakery EBA A FWC full bench has quashed Deputy President Sams’ decision of late last year to approve the ‘ Beechworth...
Uncertainty surrounding the approval process of enterprise agreements continues to deepen, with the surprise resignation of Fair Work Commission Vice President Graeme Watson in recent weeks highlighting the tension within the Commission (FWC) itself. Recent FWC decisions we have reported on (in...
Since the Coles Supermarkets decision , there has been considerable uncertainty as to what the FWC will accept as meeting the Better-Off-Overall Test, colloquially knows as the ‘BOOT’, for enterprise agreements similar to the Coles version, that attempt to provide loaded rates in return for buying...
In July 2015 the COLES STORE TEAM ENTERPRISE AGREEMENT was lodged with the FWC for approval, which was duly granted by Commissioner Geoff Bull after some discussion and undertakings were provided by Coles. Many agreements have taken the same path, however it has not been smooth sailing for Coles...
Answer: ‘EBA’ stands for Enterprise Bargaining Agreement and it is a generic term referring to enterprise agreements. Many different terms have emerged over the years which have different meanings. The term used in the Fair Work Act is ‘Enterprise Agreement’. As most all Australian employers are...
Much press attention was given to a recently negotiated ‘template’ agreement in South Australia, between Business SA, and the South Australian Branch of the SDA. Employers have reportedly welcomed the “removal” of weekend penalties, and Bill Shorten, leader of the Federal Labor Opposition, has...
Our model-based approach is based upon our presenters' 30+ years of negotiating experience. Our workshop includes a pre-session telephone briefing to make sure we cover all your bases to ensure we tailor the workshop to your business needs. We provide a written summary of the issues covered and...
