AUSTRALIA

AUSTRALIA 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
© Copyright 2014 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/22116028-90000111
Publisher site
See Article on Publisher Site

Abstract

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

Journal

International Labour Law Reports OnlineBrill

Published: Dec 2, 2014

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