The proposed application for an enterprise agreement must be submitted to the Fair Labour Commission within 14 days of the date of filing or within an additional period of time, as permitted by the Fair Work Commission. An enterprise agreement must contain the following conditions: if the parties are unable to reach agreement on the terms of a proposed enterprise agreement, a negotiator may apply to the Fair Labour Commission and ask for assistance. The rate of pay of a worker under an enterprise agreement must not be lower than the corresponding rate of pay under the modern bonus that would apply to the worker or under a national minimum wage scale. In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on the agreement. Typical negotiations are those where a negotiator represents two or more proposed enterprise agreements and wants to enter into joint agreements with two or more employers. However, it is not a standard negotiation if the negotiator is really trying to reach an agreement. Employers, workers and their representatives are involved in the process of negotiating a proposed enterprise agreement. The employer must notify its employees of the right to be represented by a negotiator when negotiating an enterprise agreement (with the exception of an agreement on green grasslands) and no later than 14 days after the deadline for notification of the agreement (usually the start of negotiations). Disclosure should be notified to any current worker who is covered by the enterprise agreement. Among the transitional instruments based on the agreement are various collective agreements and collective agreements that could be concluded before July 1, 2009 under the former Labour Relations Act 1996. These include transitional individual contracts (ITEAs) concluded during the « transition period » (July 1, 2009-December 31, 2009). These agreements will continue to function as transitional instruments based on agreements until they are denounced or replaced.
An IFA can be terminated either by a written agreement between the employer and the worker, or by the employer or worker by written notification. Modern rewards require 13 weeks` notice, but this may be different in an enterprise contract (but no more than 28 days). There is an enterprise agreement between one or more employers in the national scheme and their employees, as defined in the agreement. Enterprise agreements are negotiated in good faith by the parties in collective bargaining, particularly at the enterprise level. Under the Fair Work Act 2009, a company can represent any type of business, business, project or business. Workers are able to take industrial action when negotiating a draft enterprise agreement. There are strict rules governing union action under the Fair Work Act 2009, including the rights, duties and obligations of employers, workers and their organizations. For more information, see the Fair Work Ombudsman – Trade Union Actions fact sheet. Although there are no longer individual legal contracts under the Fair Work Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of an enterprise agreement to meet the needs of the worker and employer. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. The Fair Work Act 2009 provides a simple, flexible and fair framework that helps employers and workers negotiate in good faith to enter into an enterprise agreement.
For more information on how to negotiate in good faith and in companies that have proven themselves, see the Ombudsman`s Guide to Good Practice for Fair Work – improving productivity at work in negotiations. Organizations that are bargaining representatives (employers, employers` and trade union organizations) for a proposed enterprise agreement must disclose certain financial benefits that they (or certain related parties) have under the duration of the proposed agreement.