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New rules for the construction of enterprise agreements
Recently, a Full Bench of the Fair Work Commission (the Commission) found that the Acts Interpretation Act 1901 (Cth) (the AI Act) is not relevant to the construction of enterprise agreements approved under the Fair Work Act 2009 (Cth) (the FW Act). Background The union requested the Commission arbitrate a dispute following an alteration to the working hours' arrangement initiated by Golden Cockerel Pty Ltd under the Golden Cockerel Certified Workplace Agreement 2012 (the Agreement) as a result of changes made to distribution processes of its major client. Decision at first instance At first instance, Senior Deputy President Richards found that Golden Cockerel Pty Ltd could alter the working hours' arrangement for the employees concerned under the Agreement, including that Golden Cockerel Pty Ltd: was entitle...
12 February 2015Do you need to be "at work" to be bullied under the Fair Work Act?
In an important decision, a full bench of the Fair Work Commission (the Commission) has provided some guidance on when a worker is "at work" for the purposes of a bullying complaint. Background Under the Fair Work Act's anti-bullying regime, the Commission may make an order to stop bullying if it is satisfied that a worker has been "bullied at work". The term "at work" is defined as "while the worker is at work". In this matter, three employees (the Applicants) of DP World Melbourne Limited (DP World) and members of the Maritime Union of Australia (MUA), each made an application against both DP World and the MUA, for an order to stop bullying conduct. It was alleged that DP World and the MUA had engaged in various forms of unreasonable behaviour including: MUA took no action to prevent two of the Applicants being called "laggers" and failed to advise members that some allegations against one of the Applic...
28 January 2015Former employees do not have access to the dispute resolution clause in an enterprise agreement
Recently, the Fair Work Commission (the Commission) found that employees whose employment had been terminated could not subsequently enliven the dispute resolution clause under the relevant enterprise agreement. Background Several former employees requested the Commission to arbitrate a dispute between them and their former employer, Patrick Projects Pty Ltd (Patrick Projects) pursuant to the Patrick Projects Pty Ltd AMC Cargo Handling Agreement 2012-2105 (the Agreement) on the alleged failure of Patrick Projects to provide the employees with training. Five of the employees had been terminated for redundancy reasons on 20 March 2014. They made an application to the Commission over a month later requesting it to deal with a dispute between them and Patrick Projects under the Agreement's dispute settlement provision. Findings The Commission found it had no jurisdiction to hear the dispute lodged b...
5 December 2014