Federal Court of Australia (Flick J) Endeavour Coal Pty Limited v. Association of Professional Engineers, Scientists and Managers, Australia Collective bargaining duty to bargain in good faith capacity to make bargaining orders to enforce duty HEADNOTES Facts Endeavour Coal Pty Ltd is a wholly-owned subsidiary of BHP Billiton Limited. As its name suggests, the Association of Professional Engineers, Scientists and Managers, Australia (`APESMA') represents the industrial interests of professional, managerial and administrative staff in both blue-collar and white-collar occupations. In April 2010 APESMA tried to initiate negotiations for an enterprise agreement covering staff employees at a coal mine in New South Wales which is operated by Endeavour Coal. Initially the Company refused to commence negotiations, but in July 2010 APESMA obtained a `majority support declaration' from Fair Work Australia (FWA) [now the Fair Work Commission (`FWC')] under sections 236 and 237 of the Fair Work Act 2009 (`FW Act'). The making of such an order has the effect that the parties must meet the `good faith bargaining requirements' (`GFB requirements') which are set in section 228 of the FW Act. Failure to do so entitles an aggrieved bargaining representative to apply to the FWC for a
International Labour Law Reports Online – Brill
Published: Dec 2, 2014
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera