Bargaining Lessons From The Past: Do Employees Need To Meet As A Group

According to a recent decision of the Full Court of the Federal Court of Australia (FCAFC), there is no universal or general requirement for employees to meet as a group or subgroups before voting on a collective agreement.

In Blue Star Pacific Pty Ltd v Communications, Electrical, Electronic Energy Information Postal Plumbing & Allied Services Union of Australia [2009] FCAFC 187, the FCAFC upheld the validity of an employee collective agreement made in February 2009. It overturned the prior decision of the Federal Court of Australia (FCA). In its decision, the FCAFC held that a requirement to provide employees with a reasonable opportunity to decide whether they want to approve the agreement did not involve a requirement that an employer hold a meeting or meetings with employees.