Fair Work Australia vs Workchoices
Title:
CFMEU failed in bid at fair bargaining
Source
The courier Male
The issue:
The issue is a about the Construction Forestry Mining and Energy union being refused the right to take industrial action against Mondelphous, a national Engineering company as Fair Work Australia Believed the Unions attempts at bargaining prior to initiating Industrial action was rudimentary .
How did the issue occur and who was involved:
The construction Forestry and Energy Union has attempted to take industrial action against Monadelphous, after they discovered that the firm had entered Enterprise bargaining negotiations with two other unions covering staff at a central Queensland site. Fair Work Australia reviewed the claim and refused the union the right to take industrial action based on the fact that inadequate bargaining attempts were made by the union. They found that the unions only attempts at bargaining were “one telephone conversation, one missed call, a series of unanswered messages and a misdirect letter.” (LeGrand 2012) Susan Booth was the Fair Work Commissioner assigned to this case.
Process and Outcome of the issue:
As of April 2012 the case is still unresolved, however the legal aspect of the case shall be discussed below. According to (Fair Work Ombudsman 2011) Protected Industrial action can-not be taken by a given party without first making an attempt to reach an enterprise agreement. (Fair Work Ombudsman 2011). An enterprise agreement is defined as an agreement on the terms and conditions of employment between an employer and their perspective employees (Fair Work Ombudsman 2011) Enterprise agreements are reached through collective bargaining, which occurs between an employer, employees and their bargaining representative (in this case the CMFEU) who are required to act in the process of good faith. Fair Work Australia lists the good faith bargaining requirements that must be undertaken. These are:
• attending and participating in meetings at
CFMEU failed in bid at fair bargaining
Source
The courier Male
The issue:
The issue is a about the Construction Forestry Mining and Energy union being refused the right to take industrial action against Mondelphous, a national Engineering company as Fair Work Australia Believed the Unions attempts at bargaining prior to initiating Industrial action was rudimentary .
How did the issue occur and who was involved:
The construction Forestry and Energy Union has attempted to take industrial action against Monadelphous, after they discovered that the firm had entered Enterprise bargaining negotiations with two other unions covering staff at a central Queensland site. Fair Work Australia reviewed the claim and refused the union the right to take industrial action based on the fact that inadequate bargaining attempts were made by the union. They found that the unions only attempts at bargaining were “one telephone conversation, one missed call, a series of unanswered messages and a misdirect letter.” (LeGrand 2012) Susan Booth was the Fair Work Commissioner assigned to this case.
Process and Outcome of the issue:
As of April 2012 the case is still unresolved, however the legal aspect of the case shall be discussed below. According to (Fair Work Ombudsman 2011) Protected Industrial action can-not be taken by a given party without first making an attempt to reach an enterprise agreement. (Fair Work Ombudsman 2011). An enterprise agreement is defined as an agreement on the terms and conditions of employment between an employer and their perspective employees (Fair Work Ombudsman 2011) Enterprise agreements are reached through collective bargaining, which occurs between an employer, employees and their bargaining representative (in this case the CMFEU) who are required to act in the process of good faith. Fair Work Australia lists the good faith bargaining requirements that must be undertaken. These are:
• attending and participating in meetings at