The full bench of the Australian Industrial Relations Committee has upheld the original decision to reject the termination of the existing agreement, thereby declining Cochlear Limited’s appeal.
 
The AMWU today welcomed the decision that upheld the wishes of Cochlear workers who have voted no less than five times for a union collective agreement instead of individual contracts.
 
Cochlear employees are predominantly female and 95 per cent are from non-English speaking backgrounds.
 
Dave Oliver, National Secretary of the AMWU, said that the union has always maintained that Cochlear workers needed the support of a union collective agreement to ensure that they obtained a fair outcome in negotiations.
 
“These workers voted five times in favour of a union collective agreement, now, with a second finding from the AIRC, Cochlear needs to recognise that collective bargaining is a priority for these employees.
 
“Cochlear needs to accept the reality that now is the time to sit down with the union and draw up a collective agreement in accord with the their worker’s wishes.
 
“Cochlear initiated this dispute under the old WorkChoices laws, which the Australian public voted out.
 
“This is why we need a mechanism that ensures employers bargain in good faith especially in workplaces where the majority of employees desire it.
 
“We are about to enter a new environment, with new FairWork Australia laws to support it.
 
“Cochlear will have to adapt to this new environment and ensure that their workplace accurately reflects the needs of their workers.