Cochlear Ltd. and Fair Work Australia

Question: Discuss about the Cochlear Ltd. and Fair Work Australia. Answer: Cochlear Ltd and Fair Work Australia Employers should not be compelled to bargain with unions, but should instead be encouraged to settle employment issues on the basis of good faith. Employers are required to oblige with the objectives of good faith bargaining and related powers of Fair Work Australia (McCallum, Moore and Edwards, 2012 p.28) The authors further point out that the Australian Industrial Relations Commission could make orders that would ensure negotiations were done in good faith. The orders were however found to be of procedural nature and did not compel employers to bargain (p.35). Although these findings meant that the employer was not compelled to negotiate with the union, the Fair Work Commission found that Cochlear had breached the obligation to bargain in good faith. Employers should not prevent employees from conducting their union activities in the workplace. However, McCallum et al. (2012) point out that while employees are allowed to conduct union activities in the company premises, they should do so in a manner that does not inconvenience the employer (p.25). Further, an authorized union officer was permitted to enter relevant premises during working hours to inspect work, materials The employer could not limit the areas which the union officer could access, and the officer was not required to notify the employer of such visit (p37). King and Wood Mallesons (2011) used AWU vs. Rio Tinto Aluminum (Bell Bay Ltd) in explaining alleged unreasonableness in relation to employer and union where the plaintiff had provided a very small administration meeting room to be used for union activities while lunchrooms which were much larger were free. List of References King and Wood Mallesons, 2011. Union right of entry decisions. [Online] Available at: https://www.lexology.com/library/detail.aspx?g=a8d7ef5a-c9c5-4cfa-a49c-87011d2d5532 [Accessed 1 July 2016]. McCallum R., Moore M., and Edwards J., 2012. Towards more productive and equitable workplaces: An evaluation of the Fair Work Legislation, Canberra: Department of Education, Employment and Workplace Relations.