Employers warned on employee representation rights as employer group wins Fair Work Australia appeal

Thursday 20 October 2011 @ 7.24 a.m. | Industrial Law

Fair Work Australia will take a fresh look at an agreement between a steel business and its six employees, after the Full Bench overturned a previous ruling yesterday, raising concerns over the decision itself and how it was reached.

Galintel operates a rolling mill in Yagoona New South Wales and has six operational employees. It is part of the larger Graham Group and was represented by the Australian Industry Group, which has described yesterday's decision as a "victory for commonsense and natural justice."

The case relates to the legality of a slip within a form to employees that allowed them to nominate a bargaining representative, with unions arguing it was not in accordance with the Fair Work Act.

In a decision led by Vice President Watson, FWA concluded that a decision by Commissioner Ryan in July had been made "without providing procedural fairness to the parties to the agreement."

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