Welcome to this edition of Workplace (e)ssentials
In this edition we look at:
Protected action ballot orders can be made before bargaining has commenced
The Federal Court has upheld a decision of a Full Bench of Fair Work Australia, finding that the only pre-conditions to the making a protected action ballot order are that there has been an application for the order and that the applicant is genuinely trying to reach an agreement.
Three year restraint on servicing clients with liquidated damages found enforceable
The Victorian Court of Appeal has upheld a three-year post-employment restraint prohibiting a junior employee from providing services to the former employer’s clients.
"Future employees" not entitled to participate in vote for approval of enterprise agreements
A Full Bench of Fair Work Australia has overturned a decision at first instance, finding that an enterprise agreement can only be made by a vote of employees who are covered at the time of the vote.