Beyond Blue Enterprise Agreement

4.64 At least on the face of it, none of Griffin Coal`s actions appear to be illegal, and no one else has asserted so. Instead, these cases reveal a mistake in the FWA, as terminating the agreement allows employers to undermine the bargaining process and force employees. CUTA has called the use of these tactics “illegitimate”: 4.7 Until recently, requests for termination were unusual and the authorities were Tahmoor Coal[4] in 2010 and Aurizon[5] in 2015. In each of these two cases, the FWC had a very different point of view. The staff vote was successful and on 4 September 2015, OKW filed an application for authorisation with the FWC. In form F17 attached to the application, OKW stated that the terms of the agreement and the impact of those terms were explained to employees during the August 17 and 25 phone calls. If, initially, the FWC expressed doubts as to whether the staff had actually accepted the agreement, this was not the subject of further evidence or investigations before the FWC and, finally, the agreement was approved by the FWC on 30 October 2015 and put into service on 6 November 2015. Some time later, in November 2016, the Union asked the Bundesgericht to find that the approval of the agreement was “null and ineffective”, claiming that the FWC had acted beyond the scope of its powers in deciding to approve the agreement. 4.15 All company agreements negotiated in good faith between employers and workers provide for wage and other conditions to which both parties are bound and agree to establish an employer/employee relationship. When these agreements expire and it is time to negotiate new ones, the existing conditions will be the starting point for negotiations – employers may want to remove some conditions to achieve financial savings and workers may seek to further improve the status quo or, at the very least, minimize the erosion of existing conditions.

What follows is the negotiation process until a compromise is found for the interests of both parties. Start by going to our document search and trying to search for a full text for agreements. The Fair Work Commission can also help employers and workers negotiate with their New Approaches programme. Read more about The New Approaches on the Fair Work Commission website. 4.51 As in the case of Griffin Coal, taking into account the parties` respective positions in the negotiations would be beyond the scope of this investigation. 4.56 With the withdrawal of the threat of dismissal, the parties finally reached a mutually acceptable agreement through further negotiations. A new company agreement regulating losses for the duration of another agreement would jeopardize continued funding and likely prompt Griffin to cease operations with the loss of more than 300 jobs. Griffin Coal is an important member of The South West Australia community with a number of key local industries that depend on the viability of the mine. . .

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