Bargaining and protected industrial action: Three key decisions you need to know about

The first quarter of 2015 has seen a number of key decisions relating to bargaining and industrial action under the Fair Work Act 2009 (Cth) (FW Act).

We summarise and analyse three of the more important decisions in this In Brief, highlighting their implications for employers.

GOOD FAITH BARGAINING - 'SURFACE BARGAINING' CONSIDERED

In APESMA v Peabody Energy Australia Coal Pty Ltd [2015] FWCFB 1451 (3 March 2015), a Full Bench of the Fair Work Commission (FWC) addressed the issue of what level of engagement with the bargaining process is required of an employer.

The union, APESMA, appealed against a decision of Hamberger SDP, finding that Peabody Coal had not breached the good faith bargaining requirements in section 228(1) of the FW Act. Peabody Coal had participated in meetings with the union, but negotiations had stalled when the company rejected a revised offer from the union and indicated it did not see any benefit in entering into an agreement.