Originally Posted by
CurtainTwitcher
You may wish to google Aurizon 2015 case, there is a precedent for FWA to unilaterally cancel an expired agreement
The problem with us professional pilots is we read a headline or a paper article and apply it to us without understanding why the ruling was made, and under which circumstances it was made. So as you brought it up...
1. why was the agreement cancelled?
2. what FW clauses allowed them (made it preferable) to cancel it? How old were the expired EA’s and how old is ours?
3. What tests have to be met to cancel an expired agreement?
4. What relevance does this case have for our particular EA?
🤐
For the interest of others:
In the Aurizon decision, the employer applied to the Commission under section 225 of the Act to terminate 12 expired EAs (including one which was 17 years old)For example, the expired enterprise agreements contained clauses which:
- Prevented any forced redundancies;
- Either directly or indirectly imposed severe constraints and inefficiencies on the use and the allocation of train crew labour to train services;
- Limited the matters in relation to which individual flexibility arrangements could be reached to annual leave loading.
The Aurizon decision does not provide an automatic ‘green light’ to terminate during the bargaining process. The Full Bench were at pains to point out the unique circumstance Aurizon found itself in, following the privatization process, which weighed heavily in their finding. Employers’ are still required to prove to the FWC that terminating an EA is not against the public interest and is appropriate in the circumstances.Sorry for long post and slight thread drift...but enough scary people around at the mo...