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Bendigo TAFE v Barclay: High Court says it’s about the known knowns, not the known unknowns

Australia - September 10 2012 The High Court of Australia has now confirmed that when a union delegate was disciplined over misuse of email, his employer was motivated by the reasons it gave in evidence and not the employee’s role as a union official, despite having been aware of that role.

Georgos Papanastasiou.

FWA knocks off opt-out clauses

Australia - September 5 2012 Since that update, Fair Work Australia (FWA) has put an end to the potential for opt-out clauses in a five-member full bench decision, CFMEU v Queensland Bulk Handling 2012 FWAFB 7551

When workplace grumbles are shouted through a social media megaphone…

Australia - July 30 2012 Facebook is a word that did not appear in decisions of Fair Work Australia (FWA), the federal industrial tribunal, until 2009.

Enterprise agreement “opt-out clauses” are not a safe bet - put flexibility inside the agreement instead

Australia - July 5 2012 Different ways of rewarding high-performing, senior or specialist employees can be eroded when enterprise agreements require all covered employees to be treated in the same way.

Emily Slaytor.

Enterprise agreement bargaining representatives... are not your friends.

Australia - June 18 2012 Recently a large employer found to its cost that union bargaining representatives knew the employer was signing up to a deal it did not truly appreciate, but did nothing to alert the employer to its error.