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Global Education Provider

Enterprise bargaining in the education sector. The background Our client is an ASX listed global education provider that offers a range of educational services through its university partnerships, affiliations with major universities as well as its professional education, English language training and settlement services. In around March 2012, our client entered into negotiations on behalf of one of its colleges, with the National Tertiary Education Union (NTEU) and employees for a replacement enterprise agreement to cover its academic and non-academic employees. Negotiations became protracted and extended for over 18 months, with the bargaining representatives meeting on no less than 17 occasions in 2013, and a further 7 occasions in 2014. Despite the best efforts of the bargaining representatives, even after some 18 months the negotiations had not progressed and there was limited prospects of the parties reaching agreement on terms for a new Enterprise Agreement for the reasonably foreseeable future. In addition, on 15 April 2014 the NTEU filed in the Fair Work Commission an Application for a Protected Action Ballot Order, which included forms of...

Recruitment and Consulting Services Association (RCSA)

HR outsourcing partnership with the Recruitment and Consulting Services (RCSA) The background In 2013 the RCSA extended its public policy, workplace relations and work safety member advisory service, provided by FCB, by incorporating a telephone advisory service. The partnership was first established over twenty years ago and has grown to provide over 1,500 advisory calls each year in addition to significant consulting and legal support, backed by workplace policy. Our approach A dedicated telephone advisory line for 1,500 members to access workplace relations and safety specialists Recruitment and on-hire sector specific template agreements, contracts, policies and procedures. Expert employment consulting to handle the individual needs of recruitment and on-hire firms, including representation and advocacy in industrial courts and policy representation before government inquiries. Tailored memo’s and guidance notes on industry specific issues and educational topics. The outcome Comprehensive and specialist advice provided in person and by telephone. Improved and expanded member service offering assisting to enhance member retention and...

Academic Institution

Workplace investigation into academic misconduct. The background Our client is a leading vocational and higher education provider. In 2014, an academic made a formal complaint against another academic in the same business unit alleging dishonest practices and fraudulent alteration of marks assigned to students. FCB Workplace Law was instructed to undertake a legally privileged investigation to determine if the allegations of academic dishonest could be substantiated and to determine if there had been non-compliance with the institution’s academic and human resources policies and procedures. The approach We drafted terms of reference to define the scope of the investigation and over the course of a week, assigned a solicitor to investigate thoroughly the allegations which included an efficient process of interviews with the academics involved and their representatives. The investigative process also involved reviewing the student assessment results the subject of the complaint. Following interviews, a legally privileged investigation report was prepared by FCB containing a summary of the allegations and the evidence, findings and...