This is an absolute joke. It is like a Jarndyce and Jarndyce from Bleak House. Thanks to the so-called Fair Work Act, a Full Bench of FWC is now considering how many angels fit on the head of a pin. If the Full Bench is right about the law, the law is an ass. There is clearly no right to strike in Australia - thanks Julia. . . . . . . . . . FWC has burden to determine authenticity of bargaining in PABO In a significant decision that could result in closer scrutiny around protected action ballot orders (PABO), a Fair Work Commission full bench has quashed a Maritime Union of Australia strike authorisation. The bench found the original commissioner had not considered how the unions shifting scope position suggested it was not genuinely trying to reach agreement. The bench – Deputy Presidents Val Gostencnik and John Kovacic and Cmr Danny Cloghan - made the ruling despite employer Mermaid Marine Vessel Operations not contesting the MUA was genuinely trying to reach agreement at the first instance (WF18995). On appeal by Mermaid, the bench found Cmr Bruce Williams should have considered evidence raised in a scope argument when establishing the jurisdictional fact of whether the union was genuinely trying to reach agreement under s443(1)(b). The evidence of the [MUA]s change in its position on scope and of the circumstances in which the change was brought about was suggestive of purpose or motive that was all about avoiding the consequence of s438(1) and had very little to do with trying to reach agreement, the bench said. It remitted the matter to Cmr Cloghan to decide whether the union was genuinely trying to reach agreement. The Australian Mines and Metals Association (AMMA), which intervened in the case,would be allowed to bring new evidence as part of the cmrs determination.
Posted on: Tue, 11 Mar 2014 06:19:27 +0000