Good faith bargaining; General protections: FWA


Good faith bargaining; General protections: FWA

Good faith bargaining — first order; First claim under general protections provisions.


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Good faith bargaining — first order; First claim under general protections provisions.
Good faith bargaining — first order
Fair Work Australia has ordered an employer to halt a ballot for a proposed agreement and to have a series of meetings with the relevant union in its first good faith bargaining matter.
Senior Deputy President Richards also requires the ASU and Queensland Tertiary Admissions Centre (QTAC) to hold four meetings over the next two weeks.
The union sought the order because QTAC has refused to meet with it despite the majority of employees appointing the union as their bargaining agent.
In his decision accompanying the order, Senior Deputy President Richards says the company sought to make agreements directly with its employees; and had been aware of the ASU's interest in the agreement-making process.
QTAC also breached s228(1)(f) when it failed to recognise the ASU as a bargaining representative.
First claim under general protections provisions
VECCI reports the first claim made under s365 of the Fair Work Act 2009 to Fair Work Australia (FWA).
This claim demonstrates the significant changes introduced by the Fair Work Act 2009, particularly where claims of termination of employment are concerned.
Section 365 allows an employee to claim that a dismissal is a contravention of the general protections — this is the section under which claims relating to unlawful terminations may now be made, and is intended to streamline provisions previously provided by the Workplace Relations Act 1996.
Claims of breaches of s365 must be dealt with by a private conference convened by FWA.
FWA cannot arbitrate the dispute, but can deal with the dispute by mediation, conciliation, making a recommendation or expressing an opinion. Where FWA forms the view that the dispute is in fact more properly characterised as an unfair dismissal claim, FWA can recommend that the dismissed employee make an application to FWA to this affect.
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