The Bargaining Coach rarely comments on decisions of courts or tribunals. Plenty of others do that. This is a rare exception.

Many of you will by now be aware of the Aurizon decision where a Full Bench of the Fair Work Commission constituted by Vice President Watson, Deputy President Gostencnik and Commission Spencer terminated 12 enterprise agreements. Fundamentally, this decision recalibrates the approach taken to the termination of expired enterprise agreements.
Continue Reading The Bargaining Coach: FWC provides bargaining reality-check

This week we suggested a ‘kitchen table’ letter for a client in the midst of a bargaining impasse and a swirl of industrial action.

The kitchen table letter is one sent to the home of employees. Its aim is to ‘speak’ directly to the employees and potentially others in their family.

It reminds us of a manufacturer that bargained for most of last year. A ‘kitchen table’ letter was a small but important part of the mix.
Continue Reading The Bargaining Coach: Lessons from a brave manufacturer

Adversarial debate has been the key form of advocating for claims in enterprise bargaining in Australia. In traditional power based negotiations, debate has its merits and place. Arguing for one’s position is invariably a necessity but it is not the be-all and end-all.
Continue Reading “Please tell me who and where?” – The power of questions in bargaining