A Fair Work Commission full bench has ruled that only employees who will immediately be covered by an enterprise agreement are entitled to vote on its approval, not employees who are likely to be covered in the future.
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The FWC has rejected two proposed enterprise agreements because the notices of representational rights provided to employees included extra information that rendered them invalid.
Toyota Australia will now have to undertake a "two-step process" to remove "uncompetitive" clauses from its enterprise agreement, after the Federal Court's Justice Mordy Bromberg this afternoon issued an injunction halting a ballot that was to open at midnight.
