On behalf of the staff at FCB I would like to welcome you to 2012, and what we anticipate to be an exciting year of challenges, progression and change.
Significant areas that we predict to affect businesses include the Modern Award review in early 2012, the bedding down of new Workplace Health and Safety reforms that came into play on January 1, the increasing number of adverse action claims and the ACTUs work campaigns. FCB will continue to work with you to navigate these challenges and find opportunities to maximise the contribution your people make to your business.
In this edition of The Informant, we discuss the 'opt out' clause in Enterprise Agreements amd the need to bargain in a manner intended to conclude an agreement.
I hope you find this edition both interesting and informative. As always, we welcome your feedback and any suggestions regarding future editions.
Managing Partner & Solicitor Director
Top 10 Legal/HR Issues for the month
A list of the top 10 workplace highlights for the month of January
Opting out of Enterprise Agreements is a matter of choice!
In late January, the FWA gave final approval of the Newlands Coal Surface Operations Agreement 2010, allowing employees to choose whether they wanted to be included or excluded from the enterprise agreement. Although many would suggest this provides 'free choice' for employees, both employees and businesses need to consider the potential ramifications that may arise if this option is provided in an agreement.
Parties must bargain in a manner intended to conclude an agreement
In the context of an application by a union for bargaining orders against an employer, FWA has held that good faith bargaining compels bargaining representatives for a proposed agreement to bargain in a manner intended to conclude an agreement. We discuss the implications of the decision and how the proper management of the bargaining process can assist a business to successfully negotiate as agreement as well as retain an engaged workforce.