Domino's first application to FWA for an authorisation
failed the requirements of s248(2)(a), (b) and (c) of the Fair Work
Act requiring the application to specify the employers and
employees to be covered by the agreement. There was insufficient
clarity to the application to prove the franchisees had agreed to
bargain together absent any coercion, SDP Peter Richards said.
However, the application was amended to include the business
identities of the franchisees and their relevant authorisations,
and so met the Act's requirements, he said.
In making the Domino's authorisation, SDP Richards clarified
the instruments were not "static" in that under s251 of
the Act, variations could be made including adding new employers to
the list or removing them, as well as extending the 12-month
duration of authorisations. As recently reported in Workforce,
obtaining an authorisation from FWA only means a group of employers
can seek to bargain for a single agreement and does not place any
obligation on the other bargaining parties to agree to a single
agreement in preference to multiple agreements (WF1705). Deputy PM
& WR Minister Julia Gillard on October 23 made her first
"single interest bargaining" ministerial declarations, at
the time confirming they would be limited to employers who relied
on Government funding and had traditionally bargained together,
such as independent schools and publicly funded healthcare
Once a group of employers obtained a single interest bargaining
declaration from the minister, they could apply to FWA for a single
interest employer authorisation.
However, private sector franchisees could bypass the need to
first obtain a ministerial declaration and go straight to applying
to FWA for an authorisation, subject to meeting certain criteria,
Gillard said (WF1703).
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On 12th November 2016, new laws will commence to protect small businesses from unfair terms in standard form contracts.
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