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Case law CFMEU v Oaky Creek Coal Pty Ltd

   

Added on  2021-06-17

13 Pages3812 Words463 Views
Industrial Dispute1Industrial Dispute
Case law CFMEU v Oaky Creek Coal Pty Ltd_1
Industrial dispute2Executive Summary:Recently, FWC give its historical decision in case law Construction, Forestry, Mining and Energy Union v Oaky Creek Coal Pty Ltd (B2017/640). In this case main issue is whether behavior alleged by the CFMEU results in any failure on part of the OCCPL to fulfill the good faith bargaining requirement under section 228(1))(e) of the Act to prevent from unpredictable or unfair conduct which mainly determines the freedom of association or collective bargaining. In this commission made the order related to the suspension of the locked out at mine. This decision of the FWC was made on the request of the CMFEU but this decision also includes the provision which satisfy the demands of Glencore. Decision taken by FWC in context of this case is completely fair and ensures the benefit of the members, their families and the community of Tieri. This paper also states that power of the FWC must be increased in context of those matterswhich cause serious harm to the community and population of the country.
Case law CFMEU v Oaky Creek Coal Pty Ltd_2
Industrial dispute3ContentsExecutive Summary:....................................................................................................................................2Introduction:...............................................................................................................................................3Brief overview of the dispute:.....................................................................................................................3What are the issues in dispute for Oaky Creek Coal Pty Ltd?......................................................................5Steps taken by Fair Work Commission & effectiveness:..............................................................................6Whether Fair Work Commission has greater powers to intervene in this type of protracted industrial dispute:........................................................................................................................................................8Recommendations:.....................................................................................................................................9Conclusion:..................................................................................................................................................9References:................................................................................................................................................10
Case law CFMEU v Oaky Creek Coal Pty Ltd_3
Industrial dispute4Introduction:FWC plays most important role in the industrial action and it also ensures that any bargaining process and any industrial action accompanied with that, which mainly held as per thenorms of the relevant Commonwealth workplace laws. Those individuals who are representing the bargaining power of employees can take industrial action for the purpose of supporting their claims which must first seek an order from the FWC related to the protected action ballot which authorized the industrial action (FWC, 2017). This report is addressed to the President of the Fair Work Commission in context of role played by FWC in the industrial dispute held between Oaky Creek Coal Pty Ltd and the Construction, Forestry, Mining and Energy Union in 2017 and 2018. This report highlights the commission’s effectiveness in resolving this dispute and after that paper is concluded with brief conclusion. Lastly, it states the recommendation in context of intervention of the FWC in different matters. Brief overview of the dispute: This matter mainly includes the application from the Construction, Forestry, Mining and Energy Union (CFMEU) in context of bargaining order against the Oaky Creek Coal P/L (OCCPL) in relation to the employees working at Oaky North Underground Coal Mine (Mine). Both CFMEU and OCCPL engaged in negotiation for the replacement of the enterprise agreement from the May 2015.In May 2017, protected industrial action was commenced by the members of the CMFEU, and after rejection of the vote related to the proposed agreement, notices related to the protected industrial action for 15 and 16 July was withdrawn by the union and on these days employees of the organization reported to work. On their returns employees were not able to swipe their job cards, and later direction was issued to them to remove their CFMEU branded shirts which are previously permitted. On 17th and 18th July, protected industrial action was resumed by the employees, and letters was issued by the OCCPL to 21 employees by alleging the breach of policy related to the conduct engaged on the picket line. Five employees of the OCCPL were also get allegation letters for breaching the policy related to the social media (Fair Work Commission, 2017).
Case law CFMEU v Oaky Creek Coal Pty Ltd_4

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