Sham Enterprise Agreements

The Australian Council of Trade Unions welcomed the announcement, which would apply to a Carlton United Breweries tactic, which used enterprise agreements signed by a small number of workers, often separated from the workplace. CUB allegedly forced maintenance workers to enter into an enterprise agreement signed by three workers in a Perth office. Last year, AWX tried to get a single enterprise agreement approved, but after our Union intervened, AWX withdrew its application. He says a Senate inquiry to avoid the Fair Work Act by the Senate has shown that companies are “increasingly using enterprise agreements on which short-term casual workers vote to hire permanent or salaried workers in a state, to hire workers across Australia, or by executives, just to retain the rest of their staff” – and he says this practice must stop. The manager, who was closely involved in the design of the agreement as fictitious contracts, was fined $4290. It also sends a message that the Fair Work Ombudsman will continue the appeal if it believes that a party has entered into agreements that specifically intend to deny employment rights. In this particular case, people who previously worked in a real working relationship were turned into a fictitious contract agreement. The Turnbull government has cut the wages of low-paid workers, while refusing to deal with casual work, underemployment, unemployment, fictitious contracts, improper use of ABNs, labour force, stagnant wage growth and a minimum wage that leaves full-time workers in poverty. Alex Bukarica, legal director of the CFMEU, said the decision was the first of its kind under the Fair Labour Act and “put an obstacle” in large-scale agreements, adopted by only a small number of workers. This week, the Fair Work Commission cancelled two other agreements, this time with AWX Labour in the black coal industry, also in Queensland. Again, we argued that the company had not taken all the appropriate steps to explain to the workers the agreement and the effect of their conditions. The Full Bank agreed. The laboratory has promised to put in place laws that act harshly against “false” EBAs if elected.

In a major victory for our Union`s campaign against anti-worker recruitment practices, the Federal Court of Justice last week ruled out a “fictitious enterprise agreement” on which only three workers voted in a key labour company. The Fair Work Act 2009 (Cth) strictly prohibits “false” contracts. In particular, employers are prohibited from presenting an employment relationship intentionally or lightly as a contractual relationship, from dismissing a worker to hire him as an independent contractor, and from making a statement that the employer knows is false in order to convince or influence a current or former worker to enter into a service contract. Judge Geoffrey Flick ruled that One Key Resources` 2015 enterprise agreement was invalid because three workers with limited work experience could not really accept an agreement that included 11 job rankings that go well beyond mining and road construction and transportation, employees and hospitality.

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