Reducing payments for protected industrial action

In the event that employees take protected industrial action in the form of a partial work ban in support of…

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Terminating enterpise agreements after nominal expiry; is this now a bargaining tool?

Until recently, the Fair Work Commission has been reluctant to terminate an enterprise agreement which has passed its nominal expiry…

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Masterclass; what is the public interest when terminating enterprise agreements?

How should the Fair Work Commission approach the issue of determining whether it is in the public interest to grant…

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When can enterprise agreements be terminated during bargaining? Thin end of the wedge?

In a vitally important decision, a Full Federal Court has dismissed applications for certiorari and mandamus (effectively an appeal) by…

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The devil is in the detail; drafting enterprise agreements

There is often a direct clash between management prerogative and the quasi-legislative provisions of an enterprise agreement. This is particularly…

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Go away for a while; no extra claims clauses

It is generally accepted that an enterprise agreement will prescribe the minimum conditions of employment for an enterprise or part…

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By the book; sympathetic industrial action is not protected for that reason alone

The existence of what may be considered to be a legitimate concern which prompts the taking of industrial action does…

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No such thing as a free lunch; no extra claims in enterprise agreements

A Full Bench of the Fair Work Commission has concluded that it is not a breach of a no extra…

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Your guess is as good as mine; obscure BOOT judgement

A Full Bench of the Fair Work Commission has emphasized that in considering whether an enterprise agreement presented for registration…

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Enterprise Agreements; the statutory artefact

Enterprise agreements are really no such thing. As has been pointed out in numerous case, they are much more. Amongst…

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