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

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • 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

New adverse action decisions provide clarity to employers

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • 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 Fulbright LLP
  • -
  • Australia
  • -
  • 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 Fulbright LLP
  • -
  • Australia
  • -
  • 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