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Industrious Conversations: Implications of the expansion of multi-employer bargaining

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Manage episode 448851749 series 3529738
Content provided by Ashurst. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Ashurst or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

Ashurst Employment partners Stephen Woodbury and Tamara Lutvey discuss the expanded single-interest employer authorisation bargaining stream, also known as multi-employer bargaining.

Together, they explain how Fair Work Act amendments have broadened the criteria for multi-employer enterprise agreements, and they explain why uptake by unions has so far been low. The conversation delves into the Fair Work Commission's (FWC) criteria, such as ensuring a common interest among employers and the prohibition of coerced agreements, pointing to a recent case in the coal industry to illustrate how the FWC assesses these factors.

They also discuss the "rebuttable presumption" for larger employers, where the FWC assumes common interest unless proven otherwise. Lastly, they pinpoint challenges and defensive strategies employers can use to avoid involuntary inclusion in multi-employer authorisations (known as "roping in"), which could force employers into agreements without direct negotiation input.

To hear further episodes in our Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

  continue reading

100 episodes

Artwork
iconShare
 
Manage episode 448851749 series 3529738
Content provided by Ashurst. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Ashurst or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

Ashurst Employment partners Stephen Woodbury and Tamara Lutvey discuss the expanded single-interest employer authorisation bargaining stream, also known as multi-employer bargaining.

Together, they explain how Fair Work Act amendments have broadened the criteria for multi-employer enterprise agreements, and they explain why uptake by unions has so far been low. The conversation delves into the Fair Work Commission's (FWC) criteria, such as ensuring a common interest among employers and the prohibition of coerced agreements, pointing to a recent case in the coal industry to illustrate how the FWC assesses these factors.

They also discuss the "rebuttable presumption" for larger employers, where the FWC assumes common interest unless proven otherwise. Lastly, they pinpoint challenges and defensive strategies employers can use to avoid involuntary inclusion in multi-employer authorisations (known as "roping in"), which could force employers into agreements without direct negotiation input.

To hear further episodes in our Industrious Conversations series on Australian industrial relations, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify, or your preferred podcast platform.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

  continue reading

100 episodes

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