Here is a paper I delivered at the IIR Conferences, Fair Work Summit 2010 held at the Marriott Hotel, Sydney on the 17th May 2010.
It is timely that a conference of this kind gather as we approach the first anniversary of Fair Work Australia. I must confess , that I was not a supporter of a truly national industrial relations system at the expense of the State Industrial Relation Commissions, particularly in States such as New South Wales, Western Australia and Queensland. Those states always had strong State systems, which covered a significant part of their States’ workforce. My opposition to a federal all embracing system, perhaps stemmed from my conservative credo, perhaps best expressed by a comment made by the former Chief Justice of the United States Supreme Court, William Rehnquist, which appeared in the April 2005 edition of the Atlantic Monthly, when he was asked to identify his political philosophy:
“I’m a strong believer in pluralism. Don’t concentrate all the power in one place. You don’t want all the power in the government as opposed to the people. You don’t want all the power in the federal government as opposed to the states.”
Justice Rehnquist had a faith [...] Continue Reading…
Construction, Forestry, Mining and Energy Union – Mining and Energy Division ats Tahmoor Coal Pty Limited [2010] FWAFB 3510.
This decision deals with good faith bargaining requirements under the Fair Work Act ( the Act), which was on appeal from a decision of Commissioner Roberts of the 12 February 2010 (see [2010] FWA 942). Permission was granted to appeal in the public interest, as the appeal was said to raise matters for consideration concerning important new statutory provisions, which had not been considered at a Full Bench level before [1].
The case below was one in which the CFMEU, on behalf of its members working in this coal mine, had sought a number of bargaining orders. The CFMEU was unsuccessful and on appeal, narrowed the nature of the orders it sought. The making of bargaining orders, comes under Chapter 2, Division 8 of the Act. That division is headed, “FWA’s General Role in Facilitating Bargaining”. This case highlights the role that Fair Work Australia will have, and the circumstances in which that tribunal can be enlisted to assist parties to reach an agreement. [...] Continue Reading…
Jeff Shaw, QC
Image from the National Library of Australia
Click here to listen to Alan Jones and Rodney Cavalier pay tribute to Jeff Shaw QC on Radio 2GB
Today we mark the passing of one of NSW’s committed politicians and a lawyer who read more than just the law . To die at 60 is a tragedy and a loss to us all. He had so much more to give this state . Even though we differed politically we always had a cordial and respectful acquaintance . No one could put it better than Rodney Cavalier in this interview he gave to Alan Jones on 2 GB .
Requiescat in Pace [...] Continue Reading…
The Palisade Club is a club formed by myself, Ed Day, Baron Alder and Dayan Goodsir-Cullen a few years ago. Our Patron is Roddy Meagher QC. Our next dinner is on June 10, 2010. The guest speaker on this occasion is Senator George Brandis SC, Shadow Attorney Genera.
If you would like to attend click here to see the invitation. [...] Continue Reading…
Jones ats Queensland Tertiary Admissions Centre Limited (No.2), [2010] FCA 399 (29th April 2010).
Justice Collier of the Federal Court of Australia, sitting at Brisbane, had earlier issued interlocutory orders restraining QTAC from taking any action against the Applicant, Ms Jones until the hearing of the substantive Application filed in these proceedings. See Jones ats Queensland Tertiary Admissions Centre Limited (2009) FCA 1382, and also the comment published on this website on the 3 December 2009.
After having heard the substantive application, Justice Collier dismissed Ms Jones’ application. Ms Jones, who was the Chief Executive Officer of QTAC, had been the subject of serious bullying allegations by individual employees of QTAC and the Australian Services Union (“ASU”) [1]. Ms Jones had claimed that the ASU had orchestrated a campaign against her, relevant to her conduct in the 2009 enterprise bargaining negotiations as spokesperson for QTAC. Further, that in taking adverse action against her, it was alleged that QTAC had yielded and continues to yield to this campaign by the ASU, in contravention of the Fair Work Act 2009. Ms Jones had sought many orders in her application, amongst which was that her employer not act upon any investigation report received concerning her alleged behaviour. [...] Continue Reading…
