Sourcing Journal’s Post

The Fair Work Commission (FWC) has today issued the first Intractable Bargaining Determination (not to be confused with declaration!), determining key terms of a proposed enterprise agreement which remained in dispute between the parties after the expiry of the Intractable Bargaining Declaration period. Those terms included significant items including wage increases, ordinary hours of work and the expiry date of the agreement. Of particular note is the wide range of circumstances the FWC considered in determining what wage increases should apply (see [219] - [235]) including unsurprisingly, the cost of living and the profitability of Cleanaway. Interestingly, the increases were not reduced even in circumstances where the rates of pay were higher than competitors, because rates of other competitors (and other Cleanaway sites) varied considerably and the FWC was unable to ascertain how comparable the circumstances of other sites were to the circumstances of the relevant employees. Please reach out to me or the MinterEllison team for more information or to discuss how an effective bargaining strategy may avoid entering the IBD jurisdiction.

Good insights Callum. This is a really interesting decision. It is the Commission's first 'intractable bargaining determination'. In essence, the employer and the union were bargaining for an enterprise agreement, for a long time (over 9 months), and could not reach agreement. In those circumstances, the Commission can make a determination regarding matters about which the parties cannot agree. This decision should be of interest to any employers who have entered, or plan to enter, bargaining in the future. There have been many changes to the Act that are now starting to flow through. Employers are well advised to consider the new context and provisions in the Act when developing their industrial strategy, because the game has changed. #fairwork #enterprisebargaining #industrialrelations #collectivebargaining

Collective Bargaining – The 2024 National Wage Negotiations for the MEIBC & BCCEI Addressing the upcoming wage negotiations within the MEIBC and the BCCEI. Reflecting on 2022, members of the Metal and Engineering Industries Bargaining Council (MEIBC) undoubtedly recall a momentous juncture that reshaped the landscape for Small, Medium, and Micro Enterprises (SMMEs). During this significant period, official communication reverberated throughout the MEIBC, bearing news of a landmark triumph for small businesses. For the first time in the Council’s history, the voices of SMMEs resonated, breaking a decade-long silence marked by the non-signatory stance of some employers’ organisations and employers. MEIBC Industry members must be reminded that the resistance was fueled by concerns over exorbitant wage rates at that time. However, after years of impasse, a breakthrough was achieved through extensive dialogues with various stakeholders within the Council. These discussions culminated in a secure victory for small businesses in that the new MEIBC Main Agreement heralded a turning point for the industry. 2024/04 By Ernest Masupye, Senior Collective Bargaining Co-Ordinator at Consolidated Employers Organisation (CEO SA) Read More... https://lnkd.in/dpPD4nrZ

Increasing bargaining coverage To promote (sectoral) collective bargaining, the directive obliges member states with less than 80 per cent bargaining coverage to establish an action plan to promote collective bargaining and to increase coverage progressively. As the chart below indicates, only eight member states meet this coverage threshold, so most will be required to produce such an action plan. https://lnkd.in/gEzrSQve

https://lnkd.in/gEJAb66d A federal judge in Texas recently blocked a Department of Labor revision to the rules regarding Prevailing Wage, stating that the rule over-steps the authority of the Davis Bacon Act by imposing prevailing wage rules on federal contracts even when the parties did not explicitly include them in those contracts. Read more below. #acea #construction #union #Davis Bacon

How can we enhance collective bargaining coverage in light of the Minimum Wage Directive? A plethora of ideas are presented in the recently published report by UNI Europa, where I have gratefully contributed as the national expert for Slovenia. #minimumwage #collectivebargaining #labourlaw

The labour dispute between Deutsche Bahn (#DB) and the Union of #GermanLocomotiveDrivers (#GDL) is going to court. The company claims that the union is unable to negotiate a collective bargaining agreement (#CBA), and thus, is “no longer allowed to strike”. The case is now in the hands of the #HessianStateLabourCourt. #railfreight #railfreightnews #railcargonews

Earlier this month, the California Supreme Court issued an employer-friendly decision on wage statements, holding that an employer’s good-faith belief that it provided complete and accurate #wage statements bars statutory penalties for a knowing and intentional failure to comply with wage statement requirements under California Labor Code Section 226. Read more in our latest #labor & #employment client alert, written by Gary McLaughlin, Jeremy Mittman, and Sandra Hanian.

Complying with wage and hour laws can be a challenge. Join Proskauer partners Allan Bloom and Rachel Philion as they discuss how to avoid potential errors companies make navigating the many requirements of the Fair Labor Standards Act and state wage and hour laws. Register now: https://bit.ly/497NxB6 #Proskauer #wageandhour #employmentlaw #FLSA

Start alternative routing now.... The NCBFAA Transportation Committee continues to monitor the ongoing negotiations between the International Longshoremen’s Association (ILA), which controls most of the labor at marine terminals along the East and Gulf Coasts, and the United States Maritime Alliance (USMX), which represents the employers, as a strike looms on Oct. 1. On Sept. 4, the ILA will hold Wage Scale Committee Meetings at the Teaneck Marriott Hotel at Glenpointe in Teaneck, N.J., according to ILA President Harold J. Daggett. While the main purpose of the Wage Scale Meetings will be for ILA Wage Scale Delegates to review demands the ILA makes to USMX, Daggett said the gathering will provide the union an opportunity to prepare for a potential coast-wide strike on Oct. 1, if a new agreement is not reached by then. The last time the ILA collectively struck in the East and Gulf Coast ports was in 1977. The ILA notified its employer groups that the current agreement between the two parties expires Sept. 30 and would not be extended. This “60-Day Notice” is required under Section 8 of the Labor-Management Act of 1947, as amended. In recent months, NCBFAA has worked with other trade associations to warn both the White House and Congressional leaders about the severe economic impacts that would occur if the ILA should commence a strike on Oct. 1.