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Full bench confirms that a union can obtain a protected action ballot where the employer refuses to bargain

Norton Rose LLP
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Australia
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February 2 2011

In JJ Richards & Sons v TWU 2010 FWAFB 9963 (23 December 2010), a majority of a Full Bench of Fair Work Australia (FWA) confirmed that a union (on behalf of employees) can be 'genuinely trying to reach agreement' even where an employer refuses to bargain, without the need to obtain a majority support determination

ASX puts spotlight on gender diversity in the boardroom

Norton Rose LLP
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Australia
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July 5 2010

The ASX Corporate Governance Council (Council) has released the final version of its Corporate Governance Principles and Recommendations (Recommendations), putting gender diversity squarely on the corporate governance agenda and into the media spotlight

New adverse action decisions provide clarity to employers

Norton Rose LLP
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Australia
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June 28 2010

Two recent adverse action decisions provide clarity to employers about the operation of the new types of claims available under the Fair Work Act 2009 (the Act

First General Protections case decided lessons for employers

Norton Rose LLP
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Australia
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April 16 2010

The Federal Court has provided some comfort to concerned employers regarding the scope of the new adverse action provisions in the Fair Work Act 2009 (Act

Fair Work Australia resolves dispute clause confusion in enterprise agreements

Norton Rose LLP
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Australia
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February 26 2010

The Full Bench of Fair Work Australia (FWA) has resolved confusion about dispute settlement clauses in enterprise agreements made under the Fair Work Act (FW Act) by overturning a previous decision that dispute clauses must contain access to arbitration

Dispute clause confusion in enterprise agreements

Norton Rose LLP
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Australia
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February 4 2010

A decision from Fair Work Australia (FWA) has caused uncertainty for employers about dispute settlement clauses in enterprise agreements made under the Fair Work Act (FW Act) since 1 July 2009

Transitioning to modern awards

Norton Rose LLP
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Australia
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January 27 2010

From 1 January 2010 for employers in the national system, the new modern awards apply as a common rule to all employees in an occupation or industry as described in the scope of each modern award

Welcome to 2010: new employer obligations Fair Work Information Statements

Norton Rose LLP
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Australia
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January 27 2010

The Fair Work Information Statement is an easily overlooked requirement under the NES, however, the provision of Fair Work Information Statements to all new employees is a legal requirement under the Fair Work Act

New employer obligations - flexible working arrangements

Norton Rose LLP
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Australia
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January 14 2010

With the commencement of the National Employment Standards (NES) on 1 January 2010 it is critical that employers understand their obligations when it comes to employee requests for flexible working arrangements

January is the time to implement Fair Work Act annualised salary notifications and high income guarantees

Norton Rose LLP
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Australia
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January 13 2010

From 1 January 2010, the new safety net of minimum entitlements comprises two planks